Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-14

Thc Question of Treason IN hehtacA.
treason Against the State IL AcrseN'
fu Treason Against the tnicf'-HO
Prosecutions Under State Authority
--IutereSting Message of Gov. Brai'i-
Iefte 10 the Legislature.
COMMONWEALTH OF KY, EXECUTIVE OFFICE
FRASKFoRT, Dec. 9, 1865.
Gentlemen Of the Senate and House Of Repre-
sentdtigcs
Since the final adjournment of the last
General Assembly Richard Halves, indicted
in the Bourbon and Franklin Circuit Courts
for treason VIM. +. Simms, indicted for
treason in the Bourbon Circuit and James
A. b. PercefuIl and Thomas j. Percefull,
indicted Tor treason in the Knox Circuit have
petitioned me for pardon. Reprieyes have
been granted to each until the end of your
present Assembly, pursuant to the power
vested in me by article 3, section 10, Consl-
tuition of Kentucky and / now lay their
cases before you, to whom the power OF par
doning is reserved by the article aforesaid,
with the recommendation that they be par
doned. No other applications have been
made to me; but there are doubtless many
similar cases within the State.
Entertaining the opinion that acts OF trea-
son committed within the State, in aid OF the
recent rebellion against the United States,
the structure of our Government necessarily
merges the treason against the State IN that
against the United States; therefore hold
that pardon from the President of the
United States, either by special pardon or by
general amnesty, acquits all entitled to such
AMNESTY or holding such pardon of all liabll-
ity for treason in any State court Were the
law ruled otherwise, the provisions of the
Federal and State Constitution securing the
citizen from being twice put in jeopardy of
| life or limb for the same OfieBse, would be
| nullified Although the act of leyying war
within State against the Government Of the
| United States may, if successful, have the
effect of overthrowing the State Government,
vet il cannot be but the one oflense-the
crime Of treason against the Federal Govern
ment-against which it was levied. In trea-
son either the one or the other Government
must have the exclusive jurisdiction, other
wise conflict of jurisdiction would cnsue
and the constitutional guaranty against being
twice enieopardized will be disregarded.
If the levving of war be only against the
State Government, then the State tribunals
| have exclusive jurisdiction but if the war
be levied against the United States, though
waged within the State as a necessary incl
dent 10 such war, the acts can only be trea-
son against the Government of the United
States, and State courts have not jurisdic-
ton.
Such being the view which take of this
| question of constitutional law, contenting
| myself with the simple statement of it,
without deeming II necessary to cite author
tiles or elaborate by argument, recommend
that you grant general pardon of all who
may stand indicted in the courts of the
State for the crime of treason, based upon
acts committed of levying war within this
State against the Government of the United
States.
And in this connection would recommend
the repeal of the lst section of an act enti-
tied "An act to prohibit and prevent rebel
lion by citizens of Kentucky and Others in
the State" approved October l, 1861, which
provides "That any citizen of this State
who, as a soldier or officer of the army of the
co-called Confederate States, and as part OF
an armed force, shall invade this State to
make war upon it, shall be doomed guilty OF
felony, and, upon conviction in any court
having jurisdiction thereof shall be confined
in the penitentiary for any period Of pot less
than one nor more than ten years, at the dis
cretidn of the jury"
Since the termination of the war several
pardons have been granted to those indicted
under this section. Though the power OF
pardon is full in such cases, yet a repeal OF
this section would end the necessity for Ex-
ecutive interference. The repeal of this sec
ton will give no exemption to those en-
braced in the second section, and who remain
the proper subjects of punishment nor will
it exempt from punishment guerrillas, Their
4 l IL
borders their barbarous and unciVilized war
fare, and against whom the law should main
tain fixed condemnation, and burn with
the brand Of an indelible and enduring stig-
| ma. THOMAS r. BRAMLETT,
Governor of Kentucky