Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-08-14

in regard to the war which have differed
from those Of the party in power. The
idea Of "moral treason" gives us tke key
note to The whole drift Of it's argument
on this point, and is the fundamental er-
! ror which has led to the erection Of all the
< despotisms that have existed, or will ex-
list from the beginning until the end of
, time.
/ The old adOge that "history repeats
itself" is found to hold good in the action
of the present abolition party. Our fathers,
IN their knowledge of the despotisms
which had prevailed for centuries in the
old world, traced out the sources and
learned the lessons of wisdom from them
which they bequeathed as legacy to their
posterity in the Constitution Of the United
States. They saw that this same idea Of
'moral treason" was the chief corner
stone Of every despotism. Hence their
purpose in giving it legal definition in
the Constitution The imagining of the
kings death was constructive treason,
which. in one case, led to the execution of
a citizen of London for saying that "he
would make his son heir of the crown"
which was the sign of the house in which
he lived.
These Unreasonable practices" to which
/
the Journal says "they did commit them
selves" call to mind the worst periods of
English tyranny, whelf no man knew how
to behave himself, or what to do or say
"for doubt Of the pains Of treason" Lord
Hale says that "the crime of treason was
arbitrarily imposed and adjudged TO the
disadvantage OF the party which was to be
Judged :" language which aptly and truth
fully describes the infamous conduct Of
the tyrannical party which is now holding
the reins of government
He further describes the abolition negro
equality party, when he says: at comes
to pass that almost every offence that was
or seemed to be breach of the faith or
allegiance due to the king (the President
with us) was by construction, consequence
and Interpretation raised into the offence
Of high treason"
1t is notorious fact that monarchs and
governments in all ages have labored to
extend the limits of treason so as to include
all opposition to those in power. The
Alien and Sedition law is the only foot
hold this dogma ever obtained in this
country, which was enactsd by the pro-
genitors of the "loyal' party of to-day.
But our fathers had learned the lesson,
that, "if the crime of treason be undeter-
inmate, that alone is sufficient to make
any government degenerate into arbitrary
power"
Madison, the father of our constitution
in urging its adoption by the people, says:
GAS ne'O tangled and artificial treasonS
have been the great engines by which mo
lent factions, the natural offspring of free
government. have usually wreaked their
alternate malignity on each other, the con-
vention have, with great judgment, op-
posed barrier to this peculiar danger by
inserting a constitutional definition of the
crime. fixing the proof necessary for con-
viction of it :" which the convention did
in the following terms
! "Treason against the United States shall
consist only in levying war against them or in
adhering to their enemies, giving them aid
and comfort. No person shall be convicted
of treason unees on the testimony of two wit
neses to the same Overt act.
Judge Story, in his commentaries, says,
that, "by the ancient common law, it was
left very much to discretion to determine
what acts were and were not treason, and
the judges Of those times, holding office at
the pleasure of the crown, because, but too
often instruments in its hands of foul in
Justice. AT the instance of tyrannical
princes, they had abundant opportunities
to create constructive treason, and by forced
and arbitrary constructions to raise offences
which were not suspected to be such, into
the guilt and punishment Of treason"
3 Metternich, the celebrated European
prince, and most ardent advocate of inn
perial despotism. in speaking of our Con-
stitutiou. says at would be suitable to
! every species of monarchy or despotism,