The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-28

only late rebellion, but every past rebellion which hsb
happened In tho United States, So, too comprehend.
every foreign In which the United states has at any
lime been Ra.ed The first purt of the
the case OF domestic war erstrg In the form OF rebel
lion or insurTecion, while the last part applies 10 for
eign war. The words giving aid and comfort to the
enemies of tie United statcs' the used IN
the constitutional definition Of treason, and 'the
mics thereof" must be taken to be foreign enemes.
Ihese words originally found In the early statute OF
England against treason, have received their settled ID
.rpreteaon in England and American courts They are
used in tis without any qualification, and givo them
full force and application when they are made 10 Apply
to adherence or giving aid aud comfort to foreign
mics Such un act to the breach of oath duty OF
allegiance stands upon the same policy OF dsquatfca-
ton as engaging In rebellion or civil wEr. person,
therefore, who gave aid and comfort to or enemies In
the war with Great Britain Of 1919, and In the with
Mexico in 1S47 would, in Tint particular come with
is clause In laying down this rule, do not forget
that for certain purposes and In certain every
citizen In the rebel States during the late rebellion
s to be considered public enemy, in respect to
and in respect various acts OF Congress- passed during
the rebellion which, as 10 property, declare It's liability
to capture forfeiture conhscation when used in aid OF
The late rebellion. But Whenever IN any OF these acts
of Congress- these terms aid and conscaon uHed In
any othc than the commonly received acceputon some
qualification or description is added to mako them a-
ily to the rebellion. Nevertheless although l am
strongly inclined 10 tbink that the aid comfort here
mentioned should strictly be confined it's acknowledged
legal Interpretation, am not que prepared to that
Congress may not hnve used 1t applicable 10 the rebel
lion shall therefore, allow 1t due weight in the noxt in
qry in giving construction on The clause now to bo COLI
sidercd.
NC are now to Inquire what is meant by engaging II
inslrrecon or rebellion ugust the Uutrd Stales? Tho
lorce OF the term to engage carries the idea OF act We
rather than passive conduct OF voluntary rather
than comuul ory .cion. luke, an instance rebel
soldier compelled 10 service by force Of cunscrptic
take US another instance the case of slave. who by
the command OF bis master or by military ORDER has
served in the ranks aided in tue construction Vi
military works. 1t would be al abuse OF language to
hold that in these instances the parties have gcd III
rebellion within lhc moaung OF that word ~ USED III
forced into the ralshs or other Military service
il not iucud. d, 1t docs not follow tnat othr.
classes than those WHO actually levied war AID
voluntarily Joined the ranks OF rebels TO b. excluded
taking clear that III thc sellse OF that law porsos
i.yiel wur or tikcn All those wis., i'll IT, isaiive
or other official capacity were engaged in ill., lherance OF
mnun unlawful purpose, OF persons who in their H.
diydua capacly done any overt act for the purpose VI
uro1uoting tho rubelon may we'll be said the Incan
ing OF this law to have engaged IN rebellion AL porsous