Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-12-14
TREASON AND ccNF1scAr1oN.

SUutU, II tiitib W. SH'"ib S"He "''"'
to t'.covcr, if possible, What Is to become &!
Us. Like ship wrecked mariners VIC ar: driv
en- TO see what broken spar or plank we
seize to save ourselves from sinking into the
bosom Of the leep Suppose we declared
terrtories-coriucrc tcrritoros-what thea
" &c believe il is The Acknowledged law Of
lions. that con';"crc.l territory carries with il
ell loca! law, especially laws Of property un-
~ altered ty the conGn-ror Va'tcl says
"In tic coEGnes's Of ancient times. even ind;-
vi,,uals lost their lands. But at rrr.c.t war is
less dreadful in its consequences 10 III" ST. cc':
one sovcrci en- makes war against another soy
eIcrn, aHd not against The unalinrd citizens
The conrucro: sciz"s on he possession of the
State, tie ruJiic l'ror,rtv, whic ,,:i''n'c ;ndiih
"ais are permitted to retain thcirs.' dc. H.
may be remembered ,int when conluercl
California rom y, Aico, we heel ,i.nt nii NrXi-
cans in .,e territory y.rre entitled 10 hu!l
their property under th" lncal lazy existing 81
the timo Of the transfer. 1t WAS even held
that The law against slavery still existed there,
although it was acquired Ly country recog-
nizing slavery. There arc cases in our ind
eial records, nd;u'iicatns rights Of Mcx.:.ns,
after the acquisition, based upon ,',e laws in
existence before the corcIc.t. Sul;rga.ion
docs not annul the lawse"f -crcr,y. See the
"Fossat or quicksilver mirc ccsc,"& Wa!acc's
Supreme Court Reports, G4o
But besides this general doctrine in regard Il,
conquered States, i. caunot kc denied that the
Constitution Of the United States extends over
South Curolinn whether che is TO be State or
a =. IL 4
properly Of the United States, whether the
political body known ns the State. is ,lrs-
troyed or not; and as consequence The Con-
etitution Of the United STATES extends over it.
and gives TO all cit;zrns the rights secured BY
that instrument. in this view what is treason
under the constitution hecorc5 very important.
both il regard to the penalties of treason, md
the law Of confiscation, and we refer to ,hc ar
ticle below upon that su' Ijcct from the Charles
ton .Ircwry.
We agree that no citizen can be punished for
treason or lose his properly by "onfiscaticn,
until he has btcu tried ard co,,r;c,n1as - troior.
We agree that the trial must be in the State.
and We believe further that it was not treason
i'll n citizen OF South Carolina TO ohey the
nanJate Of his Stale TO take up a,l.,s in the
late war Tie State had the right to ,unsl.
Tor treason to her. Under that right Virginia
lung John Brown and his associates for the
IIarpers Ferry invasion. The dilemma Of the
citizen was awful one if The STATE had In"
right t" hang him for refusing; to take up aIIns
and Tie United States TO haa2 him if IL. did
take up arms Amidst these conflicting. ol;ga-
lions the law EXCUSES tie citizen fo. obey r.-
The ode iacto' gr"ern'nrn.-.l,:l Eiavi,' one, ~;
This = undoubtedly The Law If the war is
over, and peace lie again restored. nnl win i,
the rule of civil law, no other cour.e car
he adopted, and We worii. .iaE hope tl'at no
other will be att. mptcl.
But If we are heii still to be in a state Of ,-ar,
If tho doctrine is seriously maintained ,!at
rebels have right, and .hut all :aea living
in the South are rrIcls VIII: n.c ten"unceI as
such before md without trial OF coaai,t.oa,
then it is not a question Of law buc OF js,.fr
and force. In that event We may losc our lives
md estates as the clizeEs Of Southern Italy
did by the sword of the coLqucrer-the Goth,
the VaEdal. the 1Iu,.
Whilst urou the suffice. of treason We won!,,
simply call attention (" tle fact that there has
Aot poeh o"Slc tEl1i loI treason LfQWl0T out
Of the late c,vil war; There have been innu-
nerable trials and convictions before militia
ry courts and commissions, bu: not oncltcforc
Judicial tribunal, where the whole loc.r:ne Of
State rights md treason 10 the United Slatcs
could te thoroughly examined and ventilated
This is u nost striking nad significant fact
1t Is very easy to denonncc whole people rs
1<}.a|e hnf q 4
an easy matter to prove them rctcls according
to law. If the President Is ever tried. we
hope The law Of treason generally, anl especial.
]y in reference TO the citizens of CGnfcdcretel
Sovereign States will he thoroughly sihed and
sounded in all its n:nzes and dfpthsl Ifhisc case
should receive thorough and impartial consid-
Grafton We arc Of opiniOn il will he found that
he hac not been guilty Of trenson as defined in
the book md recognized III the LAWS Of civi,iz--
ell nations. AS Congress seems inclined to
take from the Plesdent tie paidoaiug power
we will consiler u,at sui ject in our next, ms
also their power i'll reference to rar,iuus al
ready granted
Treason, to he cfi.Acions araiis. anv eileen
rnust be brought home to him by trial and
conviction; and HIS t,is nnd conv votlon must
. he ~ jury, sitting IN the Stale and district
where tho treason was c"InIaitcl. The Com
stituutioD OF the Uni. ed tates Gays, in 81 ar.
tiele, 81 Section :.'Trcason against the United
States sfidlt CONSIST only of levying war aaaiust
them, or in adhering to their misunderstanding
them aid aud comfort"
In the Sd Article. 81 Section" The tria, Of
Gil crimos, excep. in cases Of imVea chmcnt.
ehsil be otpjuryi; sapd euch trial shall be held il,
Che Staie sheTa' tio. said crimes shall be COM
aited." .-8,. e.,
:. The Sintes were not sstisfed with his clause
~ tho Constitution, and proposed the follow ING
einenJment, Articlor6 which Was ndortcd: !:
:" in all erin hal prosecutions, the eccusei shall
enjoy tho right to speedy aud public trial by
wherein lha crime shall have been .ecsnmi,t ed,
which district shall have been previously ascer-
tanned by law, and to be informed Of ihe nature
end eause Of the accusation ;7to be confronted
With, The wit esses against him ;@to i,s.s com