Year: 1863

jury ought to find an indictment, if
probable evidence were adduced in support
of it, because, as was said, il is only an
accusation, against which the party ae-
cused will afterwards have an opportu.
nifty to defend himself But the Just
apd true rule is, that TO warrant grand
jury in finding a bill of indictment, the
evidence must be such as TO convince them
of the guilt of the person accused.


With respect TO the kind Of evidence
which may be received by grand jury,
it is enough TO remark, that it must be
such only as is usually denominated
legal evidence--it must in its nature be
the best Of which the case admits, and
must be given on oath. Illegal testimo-
ny is no more a basis for the acticn of
the grand jury, in discharging their du-
ties, than would be mere suspicious,
vague rumOrs, or remote probabilities
II, upon a full and fair consideration of
the law and the evidence, and without
any respect TO persons, you should be
convinced of the guilt OF any person ac-
cused before you, it will be your duty to
find an indictment; but, upon the other
hand, il not so convinced, you will re-
turn il ''not true bill.n Twelve of the
grand jury must concur in finding pre-
sentiment, or indictment, and all wit
nesses before you must FIRST be sworn in
open Court; but you may make a pre-
sentiment on the information of one of
your members, who makes his statement
as a witness, under his oath taken as a
grand Juror.


Having thus adverted to the impor-
ance of grand iuries, their duties in that
relation, and the motives which should
prompt them in the discharge of their
official acts, ii is proper, in order to aid
your Investigations, that | should refer
briefly TO some of the offences of which
you have cognizance, and state concisCly
the law concerning them.


THE CRIME OF TREASON.


shall first direct your attention 10
the crime of treason not only because
it is the highest crime known TO our laws,
but also because the present unhappy
state of affairs in our country imparts TO
it an interest which it has never before
possessed since the organization OF the
government of the United States


There was doubtless time when this
mighty Republic, founded in the great
principle of mans capacity for self-gov-
ernment, and attaining, as il had done,
under its free institutions, a degree of
prosperity unparalleled in the history of
nations, might justly have been expected
to escape those agitations and excite
ments which, at some periods of their his
tory, have cOnvulsed other nations. Ii
has been the fate of other, among the
wisest and the best communities, TO have
become, on occasions, subject. 10 tempo
rary political and other phrenzies, too
vehement to be resisted by the ordinary
safeguards provided by law. And now,
in the uncertain tide of events, our own
country, heretofore prosperous beyond
comparison with any other whose career
is recorded in the history of man." has
become the victim of a deliYItin. which
strikes at the very foundation of our po-
litical organization. The sudden transit
tion it has undergone from a state of
peace and high prosperity into an abyss
of ruin and desolatiOn, presents to the
world a spectacle without a parallel in
The history of nations. We are in the
midst of most wicked rebellion-a for
midable conspiracy and insurrection, di-
rected against, and with the intent to
overthrow, tho United States Govern
ment.


Hence, the offence Of treason possesses
an unusual interest, and it becomes pro-
per that we should examine the law by
which it is regulated, and ascertain dis
tinctly the particular characteristics Of
the crime. But, in the language Of an
eminent .iurist "as there is no crime which
can more excite and agitate the passions
Of men than treason, no charge demands
more from the tribunal before which il
is made a deliberate and temperate in
quiry, whether this inquiry be directed
TO the fact or to the law, none can be
more solemn, none more important TO the
| citizen or TO the government; none can
more affect the safety Of both"


Treason ia an offence which strikes at
the very foundation Of public order, and
consequently the peace, safety and hap
piness Of the entire community are in
volved in it. The very existence of the
government depends upon the power TO
repress and punish IL, and such power is,
therefore, essential TO all governments.
This power to punish treason is a self
protecting power, but from the character
of the crime, infringing, as it does, the
very dearest interests of society, and
thereby agitating and exciting, 10 the
highest pitch, the passions Of men; il is
q power in the government which may be
abused and b. p ibility produce calam-
tiles almost as revolving in their charac-
ters as treason itself The Constitution
of the United States, therefore, (which
defines and limits the various depart
ments Of our government, has given rule
on this subject both 10 the Legislature
and the Courts, which neither can be
permitted TO transcend"


DEFINITION or TREASON.


The Constitution of the United States
defines treason as follows: Treason
against the United States shall consist
only in levying war against them, or in
adhering TO their enemies, giving them
aid and comfort. No person shall be
convicted of treason unless on the tes,i-
monv of two witnesses 10 the same overt
act. or on confession In open court" And
in conformity with this provision Of the
Constitution was theaot Of Both April
1890, passed, annexing the penalty OF
death TO the commission OF the crime


The terms employed, by the trainers
| of the Constitution, in defining this