The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-08-07
THE LAW On TREASON

o o 8 . @ o o o . o o e. o o o o g
Charleston American:
At the meeting of the State Coun-
Gil of Defense, Mr.. Coher is reported
to have read short clipping from
the account of the speech of Mr..
Blease and blistered it's author in
phrases which smote with the power
Of truth"
He said:
'T understand that even more trea
sonable things than these were said.
We must not allow such treason to
grow up unchecked"
Thus Mr.. Coker has constituted
himself judge of treason. We knew
he was a successful banker, farmer
and merchant, and we have heard ne
was a dark horse" for Governor il
Cooper and Mcleod can be sidetrack-
ed. But we did not know that he was
a Federal grand jury and that he
could indict one for treason at a
meeting of the Council of Defense.
Fortunately for Mr. Blease the
Cokers have existed for ages and n
ancient times men of that type, being
close to "the powers" had only to
whisper treason, when 10! head
would fall into the basket. But
Bsaay centuries ago men who loved
kres institutions battled with their
overlards to have treason defined in
statutory form. 80 that in any crisis,
suca men as the Cokers OF those days
tafght not prove their own loyalty
Nv merely demanding the heads OF!
their fellow men.
Judge Cooley, who perhaps even
she learned Mr. Coker will acknowi-
edge is far better authority on trea l
son than he, says in his learned work
oa constitutional law,
r'It is declared in the Constitution
that treason against the United stat
ca shall consist only in levying war
against them, or in adhering to their
enemies, giving them aid and COM
fort The provision is taken from
sha Statute of Treasons, 25 Edw. Ill.
before the passage of which, as the
ancient common law was administer
ed. II was In the breast Of the Judges
te determine what conduct was trea-
Con and what not. whereby creatures
Of tyrannical princes had opportunity
to create abundance of constructive
treasens; that is by forced arbitrary
construction to raise. odenses into
She crimes of treason, which never
had been suspected to be such. The
Statute did not fully accomplish its
purpose in England, as was proved
ey the conviction and execution OF Al
seraon Sidney, whose real effense
was the combating In argument the
mbitrsry doctrines wi were then
pepsasr at the court; b t shs wrongs
of that arbitrary period thas have
bssn avenged upon the perpetssors''
II TIA attempt to revive constructive
srsassa should be made, the Conse.
txaapa By this clause provided against
NJ as Tar as was possible"
Thus it is clear that human nature
hg rot changed. @The creatures 81
tyrsuaical princes" are still here'
who would like to create abundance
se constructive treasons."
. I'm order to show Mr.. Coker, how
ever. that there can never again De
aay "Aigernon sitneys," we shall
suote further from the same ollus-
trezs author on the applied caes:
"What is Treason? A mere con-
-sssracy by force to subvert the estao-
hshed government is not treason; oat
yksre must be an actual levyIns OF
war. {Ex parte Bollman. Granca
rs, war however is levied when men
are assembled with the intent OF Ell
fecting by force treasonaDie puF-
pose; and persons who then perform
any act. however minute. or however
,enota from the scene Of action. and
who are actually leasued in the sen-
eral conspiracy. are to be considered
traitors. (See Fries case, Whar.
State Trials, S34, and the voiumlnioua
resorts Of Burr's triaD. And one is
sdherent to the enemies Of the eoun-
try, and giving them aid and comfort
when he supplies them with sntefl-
eence furnishes them with provisions