Year: 1861

against lhem, or In odhering 10 their en-


emies, giving them aid and comfort. ThaI


the inhabitants of those States of this u,


Mon which have assumed to withdraw


thereirom, and form a new and indeoen.


dent government, have levied war upon
the United States within the meaning of


the constitution will not Admit of a doubt.


Giving aid and comfort to such nc rsons.


by such overt acts as giving them intelli-
gence, sending them provisions furnishing
them with supplies or arms, or the like,
would be treason, and would render the
offender liable TO punishment of death.
Misprision OF Treason is the conceal
ment of treason, by being merely passive,
for any assistance given to the traitor
makes the party principal, as there are
no accessories in treason, this mispris-
ion Is of negative character, but as has
already been stated, there are other mis-.
PRISONS affecting the government of a pos
ltive nature, which we shall notice hereaf,
ter.


Treason may be committed against either
the government of State, or of the UniS
ted States. When the offence is against
the sovereign authority of single State,
II falls within the jurisdiction of the Court
o! the State wherein it was committed,
but where, as in the present instance, war
is waged against the federal government,
the federal coRrts have exclusive iurisdic-
ton. This Court cannot, therefore. take
cognizance of any act of treason, or mis-
prlslon OF treason growing out Of this re-
bellIon inaSmucb as the wa: levied by the
Confederate States, as they are called, is
against the federal government, and not
against the State of Pennsylvania.


But as has already been intimated there
are misprisions of a positive nature, some
of which are grave misdemeanors. and may
like treason, or misprision of treason, be
offences against State Or federal authority
as the case may be- ! have heretofore
neglected to explain to you that the term
"misprislon" is of French derivation, and
means in legal parlance contempt or neg
lect. Thus, miSprision of treason, CON
slsti in the neglect to give Information of
the commission IAN act Of treason and is
what is termed negative misprison.


The positive m:srrisIons which concern
our present inquiry and Of which we shall
now proceed TO speak, are such rs involve
an attempt to weaken the strong arm of
civil power, or a contempt of lawful au-
thor.ty. Thus, for example, 10 dissua6e
witness from giving evidence. or from
obey ing the process of subpoena, to per-
suade or assist prisoner in custody to
escape 10 refuse obedience TO the call Of
a police officer for assistance to quell r.
OF or apprehend an offender or endeavor
to persuade others TO disobey such call,
are all misdemeanors of this sort, based
upon the principle that it is unlawful to
offer resistance to lawfully constituted au-
thority. /, is safe TO assert as general
principle, that any wilful attempt to re-
sist the authority of the government, or
to prevent or hinder the success of its
plans ordesiGns in the prosecutions of
war offensive or defensive, or TO induce or
pursuade others to do the like, is unlav-
ful and punishable as high misdemean-
or. Now, apply this general principle 10
the present condition of our national af,
fairs A strte of war actually exists. The
President of the United States by virtue
of the power repOsed in him, has issued
his proclamation calling upon the Cover,
rors of the several States to furnish their
quota Of troops for the organization OF a
military force sufficient to protect the
government and suppress formidable
rebellion. The Government of Pennsyl-
vaLia in response to this demand has is.
sued proclamation calling upon all able
bodied citizens wi hin the Commonwealth
subject to military duty, to form themsel.
YES into military companies and regiments
to be called and mustered into the public
service. Now it must be perfectly appa.
rent to the most ordinary understanding
til 1t any attempt to prevent the carrying
ont of this design would be gross insult
TO the government and daring contempt
of the authority vested in it and there
fore high misdemeanor. For il the de-
signs and plans Of the government can
with impun:ty be thwfrted and rendered
abortive, then all our high sounding theo.
ries respecting the supremacy Of the gov
ernment, and allegiance and sovereignty
are but beautiful fgments of the magina-
ton. Such liberation could spring from
no principle other than would assert that
the citizen is only bound by his allegiance
to the government so long as its measures
may be in accordance with hisOwn views,
and is obliged to obey only such laws as
meet his entire approval.


Suppose a riot TO occur in one of our
streets. 1t is the duty of the officers of
the law to suppress it, and the duty of
all good citizens to aid and assist, for with
out such regulation the public peace could
not be maintained, and we would con-
stantly be in the midst OF disgraceful
scenes of tumult and disorder. Now,
suppose that on such an occasion some
individual would take it upon himself to
address the assembled multitude, de-
nouncing the riot act and the administra-
tion under which il was passed, and as
sailing and condemning the political
views of the officers who are endeavoring
to preserve the peace and advising and
persuading the bystanders to withhold
any assistance for these or any similar rea-
sons. How should court and Jury deal
with such an offender The question
need only be asked. And is not that man
a thousand times more culpable who, by
words or actions, persuasions or threats,
would attempt to prevent or dissuade our
citizens from responding to the call of the
chief magistrate of the nation for aid to
pIyt down rebellion tt at aims at the To,