The New York herald., 1865-06-22

justment with England, be has no more the
idea Of recognizing the spurious and offensive
empire Of Maximilian than he has of rein
stating JEFF. Davis and his exploded rebel con-
federacy.
What IL Treason .-Jen. Davis ana Ben
Wood.
Under the English law q very great many
offences were recognized and punished as
treason; but the authors Of our constitution,
framing law in liberal spirit, purposely ex-
cluded the greater number Of those offences,
and distinctly declared that there were but two
offences that the United States would punish as
treason. These offences were chosen because
they were, Of oil, the really henous ones-be-
cause they were the only ones that must be
punished to save society and maintain the ex-
istence Of q government None but these were
considered to aim at the very life Of nation.
These offences are:-
l. Levying war against the United States
2. Adhering to the enemies of the United
States, giving them aid and comfort
An open, specific act Of war must be charged
and shown az the basis of prosecution. Such
open acts Of war, for intance, as the battle Of
Antietam or the last attempt to take Washing
ton, come sufficiently under the head Of "levy-
ing war;" and it Is not necessary that the
alleged traitor should have been personally
present at the battle to make him guilty OF
treason. On the contrary, if war be actually
levied, all those who perform any part, how
ever minute, or however remote from the scene
of action, and who are actually leagued in the
general conspiracy, are traitors" Such is the
judgment of Chief Justice Marshall.
1t was on this point of presence, however,
that Aaron Burr, tried for treason, was declared
not guilty. The indictment had charged the
assembling on Blennerhassett's island as an act
of war, and had alleged Burr's presence there.
But on the trial it was admitted that Burr was
in fact in another part of the country on the
alleged day. The necessity was to prove that
there had been an act of war, and then that
Burr had been present and part of it. All the
assembling was proved; but when the prosecu-
ton came to prove Burr's agency, Burr moved
to exclude further testimony, because, as it was
admitted that he was not present, no further
testimony could sustain any other allegation
of the indictment and must be irrelevant The
Court sustained Burr's motion, and thus the
evidence that was to show his connection with
the unlawful assembly was put out, and Burr
was declared not guilty on legal point.
But indictments need not be framed so
stupidity just now; and if they are not, JEFF
Davis will be found guilty of high treason
against the government to which he owes
allegiance.
who levy war. If the other clause does not
include Ben Wood, it was absurd to make it
Correspondence with the enemy, giving them
Intelligence, are criminal acts under that
clause; and when properly constituted court
has fully sifted that correspondence with the
enemy, which resulted in the transmission Of
check for twenty-five thousand dollars from the
rebel murder money, there will be enough
known to settle Ben's case.
But the first clause applies to him too, mas
much as an insurrection, large or small, to op-
pose the execution of any statute Of the United
States does, if it employs force, levy war.
That covers the draft riots. The conviction of
these two men will furnish instances that our
law is fully competent TO deal with the highest
and lowest of traitors.
The punishment of treason is thus stated by
the act of Congress of 179O:-"If any person
or persons owing allegiance to tho United
States of America, shall levy war against them,
or shall adhere to their enemies, giving them
aid and comfort within the United States or
elsewhere, and shall be thereof convicted,
such person or persons shall stand adjudged
guilty of treason against the United States, and
shall suffer DEATH"
1t now remains for q grand jury In this
county to indict Ben Wood for treason on the evi-
dence already brought out at the Washington
| trial.