Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-23
VOLUME XXXIII.

Tennessee and Of having furnished guns
and other articles.
Before you can find the defendant guilty
under this count, you must be satisfied from
the proof that war was levied by the So
called Confederate States against the State
| Of Tennessee and within the boundary there
| Of, and that during the existence Of said war,
| the defendant enlisted in the army Of the
so-called Confederate States of America in
Jefferson county, or furnished the said army
with some Of the implements Of war or with
| some Of the things mentioned and charged
| in said count, and furthermore, that he en-
| listed or furnished said implements or arti-
cIes in the county of Jefferson, for the pur-
poses of the war
The proof need not show that he furnish
ed all Of said implements or other things
therein charged, but any one Of such would
be sufficient. You must also be satisfied
| that said war was levied and carried on for
| the purpose of either overthrowing or
changing OF abOlishing or altering the State
Government, or some law thereof, or to pro-
| cure the passage OF some act, or TO carry
some other measure by force Of arms.
The Sd count alleges that a war was
levied by the so-called Confederate States of
America, against the United States, TO over
throw and destroy the Government of the
United States, and of the State Of Tennessee,
reasonably and contrary to the allegiance
Of those engaged therein.
Before YOU can find a conviction upon this
count, vOu must be satisfied that said war
was levied and in existence within the limits
Of the State Of Tennessee, and that during
the continuance Of such war the said de-
fendant enlisted in the army Of the so-called
Confederate States or furnished some of the
things therein charged for the purposes of
said war in the county of jefferson.
If the defendant enlisted in said army in
said county, or furnished any of the things
charged in said count in said county, for the
purpose Of carrying on said war, he would
be guilty ifhis will concurred in such Of his
acts.
If the defendant was under circumstances
of actual force and constraint, and through
a well-grounded apprehension of injury to
his If. or person, this fear or compulsion,
will excuse his ever joining with the rebels
in the State provided, he leaves them
whenever he hath a safe opportunity, but if
remain with them and in arms with them
after a safe opportunity to escape unhurt
the law would presume he was with the
rebels, levying war Of his own will, and he
would be guilty Of treason. \ person who
owes natural allegiance to State or Gov
ernment can not throw off his allegiance at
will and pleasure.
The supreme allegiance Of every citizen is
due to the United States, and there Is a Sc
condarv and limited allegiance Of the citizen
due to the State wherein he resides or in
habits, so as not TO come in conflict with his
allegience to the United States. You must
also be satilied that the defendant was citi-
zen of the United States.
The count further charges you that sub
sections /, 3 and Of section H43, article
|, chapter T. of the code of Tennessee and
heretofore mentioned in this charge as the
law of the State. are in full force and effect,
and that the act Of the Legislature OF Ten
nessee, passed May Sd, 1861, purporting to
repeal so much of said sections as speaks of
the United States is utterly and absolutely
void, as the same was passed by Legislators
engaged i'm reasonable purposes against the
State Of Tennessee and the United States,
and passed to repeal the law of the State,
which, if executed would punish them and
those leagued in with them, in their treason
and reasonable purposes carried on and en-
acted in violating the Constitution of the
United States as well as that of the State Of
Tennessee and Of the oaths they had taken.
Ii was passed in sin and iniquity.
The Court and jury can take notice of the
public history of the country without proof,
and of all public matters which affect the
country generally; and the Court charges
the iurv that if the officers of the State of
Tennessee levied war against the State, or If
they or any of them, knowingly and will
inglv aided or assisted any enemies at open
war against the State or the United States,
or ioincd the enemies or enlisted IN the
armies Of such enemies, or by virtue OF their
povcr and authority in the State offices gave
such aid and assistance to such enemies-all
such officers would be guilty of treason, and
all of their acts in such treason and treason
able purposes are utterly and absolutely void
in law. The President of the United States
has the power 10 pardon ohenseS against the
United States. but he has no power to par
don ofenses against any State.
1t is a rule Of national law, and should be
adhered to, that when prince or sovereign
puts down a rebellion or n public war
against his government, and at the time OF
ending the war he should make certain
promises to those engaged in war against
him, or should he propose certain terms to
them on condition Of their laying down their
| arms, such prince or sovereign would he
bound. i'm good faith, to carry out his prom
ises or terms proposed and accepted. You
are the Judges OF the law and the facts. but
Judges Of the law "a delivered by the Court
| Il becomes your duty to take the law and
applv the facts and see if the defendant Is
guilty as in any one or all of the counts, be-
yond reasonable doubt arising out of the
proof bv the swearing of two witnesses OF
| bv the swearing of one by facts and clrcum-
| stances deposed TO by other witnesses equal
or superior to the swearing of one Other
witness; if so, you will find the defendant
| guilty in manner and form rs charged in the
presentment, otherwise you will find him moi
| guilty.
The letter written 20 j. Lester and ey-
| hibited 10 the side bill of exceptions, anl
the proof of VIM. Moreland, can only be
| looked 10 10 show the interest with wnlcl
the defendant did any act charged IN thS
presentment of which you may be con
| WINGED bv the proof Such proof can h'
looked to forlhis purpose, but TO none other
The Court further charges you, that II th'
proof should show Won that the deiendan
| was guilty of an act which was treason agalns
the United States rs well rs treason agalns
| the State, the State courts would have Jurls
diction 10 punish the otiense against Tho
State. and the Statewould not be deprived o
its Jurisdiction because the same otiense wa
| nnishable in the United States courts; pro
| yidcd. such act was one of the acts charged
In the presentmont. lt is a well settled rul'
| of law that one act may constitute two OF
fcnses, the one against the United States an,
the other against the State, and that botl
mowers have a right to punish for their re
| spective ofienses; and il is not violation o
the Constitution wherein it is declared tina
man shall not be put twice in jeopardy Q
life or limb for the same oiiense, becauS
there are two otirnses growing out OF IN
same act in such CAGES.
In the case OF the parole OF the deienuah
presented in proof, the Court charges yol
that the same is no bar to this prosecutor
against the defendant; that said parole doe
not operate to prevent the courts ct the sta'
from taking jurisdiction of any oiiense IN
defendant NAV have committed against IN
laws of the State.
The acts and conduct of the defendant nc
specifically charged in the presentment cal
not he looked TO by you for the purpose
founding a conviction upon; but you ma
look TO the same to show the mind and III
. tention of the defendant in the commission
Of any act charged in the Pressntment c
which YOU may have proof by two wl'neSse
and to show whether there is any aggraV'