Year: 1861

Ut cuanBeu III auy way Dy amenumentJ irom Jue
beginning of the Government down to the pres.
ent time.


Its provisions are clear, efficient, and well
defined. It points out the requisite testimony
to convict, and prescribes death penalty for the
guilty.


The criminal indicted under this statute must
be tried in the Supreme Court Of the United
States, or one of the Circuit Courts; State
Court having no Jurisdiction under a law OF
Congress to try case of treason against the
United States, unless the law of Congress 50
directs, and gives the State Court such juris-
diction, which this law fails to do.


Under this Congressional act, Aaron Burr was
tried for treason, at Richmond, Virginia, in
1907, in the Circuit Court of the United
States, before John Marshall, Chief JUS
j tice of the Supreme Court. The ac-
cused in this case was no less parsonage
than an ex.Vice President of the United States
The case called out the most eminent lie,
gal talent Of the country; and, although the
defendant was discharged, this law was, per-
haps, more severely tested on this occasion than
any other criminal statute upon the books of the
United States.


This law was enacted by the first Congress as
sembled under the Constitution, TO carry out an
express provision of that instrument-tbe re-
quirements of which 1t has fully met, and has
stood the test of time for more than eighty
years. .....


The bill now under consideration, and for
which Senators are asked to record their votes,
seeks TO change very materially THE order OF
proceeding, mode of punishment, and long set
tied practice In the prosecution Of persons who
may be guilty Of the crime Of treason against
the United States.


In the first section of the bill it is provided,


"That any person or persons, residing in this
State, who shall levy war against this State, or
the United States of America, or shall know.
ingly adhere to the enemies of this State, or
the United States, giving them aid and comfort,
shall be guilty of treason, and, on conviction,
shall be imprisoned in the Penitentiary, at hard
labor during lfe."


It's here sought, by legislative enactment, to
give jurisdiction to the courts OF tbIs State to
punish treason against the United States: which
in my judgment Is clear.violation oi'tt provis-
Ions Of the Constitution and the high judicial au-
thority have just read.


Let me say to the Senate, am no friend to
traitor to his country, and would by no means
In ha Nf IN . bn
extent of the law, the person who would will
fully commit treason against the United States.


But, am opposed to tOrturing or misconstru-
ing the Constitution in any way, or to bringing
the jurisdiction Of the State and United States
courts into collision. do believe the passage
Of this bill would tend in that direction, II not
certainly accomplish the end.


If l am right, all civilized countries, as we'll
as our own, inact the death penalty for the
commission of treason yet, THE bill departs
from the usual punishment inflicted by the whole
civilized world upon the traitor to his country,
and, perhaps upon the score Of morbid philan-
thropy, seeks to punish the criminal by impris-
onment in the Penitentiary during life.


Why the friends of this bill wish TO change
the penalty, or where they find constitutional
power to pass law, by act oflthis Legislature,
to take the place of a Law of Congress now in
force, and long since adjudged to be constitu-
tIonal, and thereby attempt to oust the Supreme
Court of the United States of its jurisdiction of
the highest crime that can be committed against
the Government, am at loss to know.


cannot see, or even imagine, q single neces.
sity for the passage of this bill. Every Sena-
tor on this floor must know that the United
States now have the most ample power, under
Congressional law, to punish oil traitors to the
country, In such way and manner that they nev.
er will require second prosecutions.


I am aware that the author Of this bill (Mr.
Garfeld) Is learned In the law-an eminent
scholar, and reputed peaceable citizen--but
why he should introduce this bill and seriously
press its passage, have no reason to give.


In the event of Its passage, apprehend 1t
could do no possible good in any way 1t might
do much harm by being used as another step in
the path Of dissolution, and made pretext, for
the time being, to bring the State and Federal
Governments into collision.


For these reasons, shall record my vot
against the bill.