Year: 1861

To George A. Bckne Foreman, and the other members


Of the Grand Jury Of the United States Circuit Court:
GKSrLExEN-In compliance with your request
herewith furnish you a copy of my charge de-
livered to you this morning.


With great respect your Obedisnt servant,


E. NJ. HUNTINGTON.


THE JUDGES CHARGE.


Gentlemen Of the Grand Jury:


We meet here on this occasion to perform our
part in the administration of the criminal laws
of the United States, under circumstances OF the
most solemn interest. When this Court was in
session six months ago, at this capitol no coun-
try on the face of the globe, presented the spec
tacle of so much general prosperity as ours
peace and happiness reigned throughout our bor
ders. and fiom ocean to ocean, from the great
lakes to the Gulf of Mexico, everywhere, north,
south, east and west, the great agricultural, min
ing manufacturing and commercial interests of
the country were in the most hourishing c0ndi-
ton. In the short period of three quarters Of
century, under the influence of free institutions,
and under the protection and wise administration
of the Federal Government, the United States of
America became one of the first powers of the
earth. A few short months ago, our institutions
we're the admiration and our prosperity the envy
of the world-we were a united and happy peo-
pie. To-day, we present the humiliating specta-
Gle of States discovered and belligerent, and of
people of the same lineage, laws. language and
religion, already engaged in the bloody work OF
mutual slaughter. / need not refer in detail to
the series of startling events, following each
other in quick succession, which have brought
US to this condition. II il enough to say, that
scarcely had the result of the Presidential elec-
ton of last November, been announced by the
telegraph, when one of the old thirteen States of
the Union proclaimed her determination to with
draw from that Union, and assume the attitude
of an independent power. That she carried out
her purpose and was shortly afterwards joined by
several other States, and that they proceeded to
form a separate confederacy, facts familiar to
US all. These acts of secession were generally
preceded by the forcible seizure of the public
property within such States, such as forts, arsen
ais, arms, and munitions of war of every de-
scription; vessels engaged in the revenue service
of the United States, and even the mints and
custom houses with all their treasures; some
times by the authority of the States, sometimes
by self organized forces, raised for such purpose.
and sometimes by the treachery of the Federal
officers. The power to enforce the authority OF
the United States, within the seeded States, was
completely annihilated, for every officer of the
United States, judicial or otherwise, either re-
signed his commission or held it for the benefit
of the seeding States. Up 10 the 9TH of March,
when the new administration came into power,
no step wa taken by the Federal Government to
resist or even check this movement, bat on the
contrary, subsequent developments have
proved, it seems to have received distinct en-
couragement and support from those departments
Of the Government which had the most power to
aid or to thwart it.


While the whole country stood aghast at what
had transpred, and each succeeding day devel-
oped some new sign of further dissolution, moth.
ing was done either by Congress or the Ex,cu-
tive, to arrest the tide of revolution, either by
Cancellation or the employment of force. For a
long time, the policy of the rev administration
if policy it had, was withheld from the public,
and kept among the arcano irsperii of the Wash
ington Cabinet, until the great body of the peo-
pie had made up their minds that some plar
would be adopted by which peaceful ADJUST
ment would be secured. Cultivating s religious
veneration for the Union, they dreaded an appeal
to the sword, and would have chosen peace at the
expense even of the Union itself But almost
in the tyifkling Of an eye, the aspect of the
whols difficulty was changed, and the sound o
the first hostile gun aimed at Fort Sumter seemed
to reach every ear, and rouse every heart in thu
country. Whether it would have been wiser il
the Government to have abandoned Fort Sumte
as a military necessity, or as an act of concilia
ton toward the seeding States, is no longer q
question of any importance, and if it were, w
have nothing to do with it here. We are now il
u state Of war, and have referred to these event
in order that you may the more clearly compre
hend the true nature of certain political offence
to which shall presently call your attention.


We who live under the Constitution of tn
United States. owe it not only allegiance, but W
are bound to defend It, If need be, with our lives
1t is impossible to realize the appalling proper
tions of the impending struggle struggle be
tween sections-each section united and madden
ed to the highest point of frenzy, each with CO
lossal forces in the field eager for the strife. An
what has brought upon this, the fairest land un
der the sun-the best government known to tn
civilized world, and the most prosperous an
happy people ON the globes surface-this mos
terrible and unnatural contest Alas will nc
the future historian be puzzled to discover an
adequate cause for il? But l leave these ques
tions for another tribunal. Our government
in a state of war with certain dsafected State:
which have formed and put in operation anothe
and independent government under the name @
9" The Confederate States of America" Ii
by no means strange that there should be som
persons among us who are opposed to this wal
and whose sympathies, growing out of ties
blood and birth. should be with the Confederai
States, and / would say to this class of person
that If they cannot cordially support the gov
ernment, they should avoid saying or doin
| anything calculated to invite popular resen
| ment, for in such cases, we know, frol
many examples, both North and South, tn;
| the most inrocent people have been sui
| jected to insult and frequently to violence. I


another class. if any snch there be, desire
give more serious warning To"levy war again


the United States, or to adhere to their enemie


giving them aid and comfort" is treason-tf


highest crime known to our laws, and punishab
with death. This is the constitutional definition


and you will perceive that however hostile ma


be mans intentions toward the Governmen


unless he is guilty Of some overt act of levyir
war or adhering to the enemies of the Unit,


States, giving them aid and comfort, he can n


be deemed guilty of treason. To constitute


"levying of war" there must be an assemblage


persons for the purpose of effectins by force,


reasonable purpose. But when war has be,


levied, (as is the case now all those who perfor


any plrt, however minute, or however reno


from the scene of action, and who are sctual


leagued in the general conspiracy, are traitor
The Confederate States have levied war again


the Government of the United States, and all C.
izens of the United States who aid the enemy


joining their ranks or by furnishing them arms,


other materials or means, such as money or


visions for carrying on the war, may correctly


said to levy war or to adhere to the enemy, gi


ing them aid and comfort. In short all who pt


form = part in the prosecution Of the war a
guilty of feraon.


Every orerf act of treason must be proved


at least two witnesses, in order to warrant CO


viction. Words or opinions. however offensive


the prevailing sentiment. and however hostile


the Government, can not be made the foundati


OF criminal prosecution; but secret informatio


furnished in aid of the enemy, would amount


an overt act. You must therefore, should yo
deliberations embrace questions Of such mag
tade, be careful to distinguish between what


crime and what Is merely ground Of suspicic
!. There is always danger in times of great popu


excitement, Of doing injustice to those who


opinions do not happen to conform to the prevs


ing sentiment.


The spirit of intolerance, whether in matters
. religion, morals or politics, always delights in