Maryland free press., 1866-06-21
For the Maryland Free Press.
Washington County, Nd,
June, 1866.

June, 1900.
70 ANDREW JOHNSON.
- President Of the Uaited Sates:
lodging from the remarks of certain Senators,
E.;sIly those of Mr.. Nye, made few days agoe,
,hs charge of Judge Underwood, 1t would
,b.t the thirst for Mr.. Davis blood is un-
,sa But. why should you Mr.. President, or
other just and humane man participate in
sepp? In your annual message which has
commended on all sides for its ability and
.smsuship, you affirm in emphatic language,
,r,a,On must be punished and made odious.-
b;s proposition, as principle Of government,
GOOD citizens should, and probably will, assent.
what is treason, and how far are Jefferson
ia and Others, who were engaged in the re-
struggle to establish the right of secession,
Ihrsced within the application of the principle,
a the questions to which propose to invite
81 Eow your calm consideration?
Eownc to our peculiar form of government the
..stions involved in the late civil war are en-
- pew-they have no parallel in history,
|, have they any precedent for their determna-
n in any established code oflaw or morals.
bey must therefore be referred for their decision
81 general principles.
reason at common law may be defined to be,
E .ubstance, an effort to subvert the government
E which we owe allegiance, by an open resist
80 thereto, or by giving aid to its enemies; or
f. combined effort to defeat or resist the laws
Esr.of by force. This definition is stronger than
I, language employed in the constitution OF the
81 IA S,atos defining treason against this gov
nltea .ou"tes u'n"'Ae H.,
nment. treason unoer lhe CONSTITUTION, eon.
% only in levying war against the United
-, or adbere;no IN their enemies giyinp them
e'' " N n.r;s
and coiniot'. 10 'ne 'A'' VI 1-'
&ithin either of these definitions
+ reason is certainly q crime which deserves
En;shment. otherwise there would be no stability
q, E, nrotection in government or laws. Like every
Eime however from the highest to the lowest
IN very essence of the offence is a criminal intent
Ehe books of morals and law all affirm this princi
ks Hence il is that lunatics, idiots and infants
aapot in contemplation of law commit crime be-
Eau,e of their want of mental capacity to dis
Eliminate between criminal or vir' ,us purpose.
Ii cages of larceny the books say, 'that the intent
la NO necessary to complete the offence, ifa man
Il the hoi IT impression that he has right to
Lie property takes it into his possession, II Is not
tcenv.h Com. Us. Weld, Thatcher IS Grim. Cases
ET-Wharton GIG This is no less true IN regard
IL treason and Chief Justice Marshall so aftirlns
III Burr's case. SIN indictments for treason the
Iofeuce must be laid to have been committed trdi-
Ibrm,iy' and ''the word .feiontously is essential
| d all indictments for felony whether at common
kw or Statutory Wharton, l96, ana Ior the
faon that it is substantial part OF every onence
T BAT the criminal ortelonoasty MteAt, should pe
Asrsel as present. .
The case the famous "W hiskey insurrection
T b Pennsylvania. and also Shays reoeillon IN
I massachusetts,, were open and avowed attempts
| b resist the government in the administration oil
| rs laws. Ihere was no pretehsc 'ii'' 'he P',a.e
acted under any erroneous impressions rs 10 'heir
Ikgal rights. Their offences were ciotheh WIN
both the essential qualities to make them treason,
hiEhe mt'f dndhe orerf act. 1hey were sun not
punished. Such also was the case OF Aaron burr
! lial the orcH acts which Ne'e charged Deeii
I Elrws he would have been convicted oi Wiliui
ig"s'n, because none otler tnan icloheous III
but could have prompted them. go IN every
eic oi lrcn~"n mentioned III Inc ooohs' 'ie eT"'-
Bd in'rm must always "e present.
j Aswe are nowdca'inS \ treason as aenheu oy
lw and Justice, we do not OF course include cases,
4 % numerous i'll history where innocent persons
nncr The preteNt oi having comm tsa this ohehcc,
hre h"cn s1crii ed to lyranny, k'ia 'iciSm anu
pmolon.
4 Apply the plain and .ind'sputapte Prineipics
fhoIIh we h"sn cited, to the 'a'e OF hr. pt'ts.
ShTe the commencement ol our gorerhmrn' thS
|flsht ot State secession hiS 'oeen aSserteo anu
.fF l'ainsh ny some OF me Purest anu aoIeat
siaie:mtnt OF the Land. OF u o'e VINO nr VI
zerlrtcd most prominently III the ,ornauon VI
eur present Constitution, adhered 10 ms anc'r'hc
snd never abandoned it-ior example Ell 'rSo'l
Madison, Ellsworth, Henry, Mason, "yt e uiu
many others. Statesmen, conteinpor'n ne ,us Mlll'
the Constitution all over the iahn, ara II. every
period OF the government from itS OF sth ao"h "
iOihe civil war, have boldly maintained 'hc
Among the number Mr.. DAVIS has stoou cohsp'cu'
olsin latter years.
There IS no question, IN tiiS case aooul NV
bTer acts, but the only proper issue nov" Is, "els
hose acts accompanied oy erm"af Pu'P'S 'Se
Whether his belief in secession was an hohesl one,
q whether 1t was merely assumed us eio"N ~
hide the crimnality OF his conduc', must uePcliu
|tpon the probable and reasonable grouhu oh
FMch that opinion was pasea,
tits not part OF our purpose AT .his iale o"y
10 advance any reasons III iaycr OF lhe lignt u
secession. For arguments on inns Poiht we mus,
ftfer to debates IN the Convention ma. 'r'.ineu
lae Constitution, to those IN the STATE
ihat ratified 1t, to those IN congress anu 10 .he
thousands OF essays on the Su9ject Tue aues'.Hi' .
pas been Mt last put TO rest oy lnS resut. Vi NY
war. The military power OF 'le Nor'i % nus l',u W
more potency IN set tlln9 the questioh nuNersc u
the right, tam all the arguments 'n''' lse pce,'
ned North AMI South IN IT'S 'avor. 1u, "ith
oe statement OF the question: now su,ni ine IN IN,
a tn~nNE