Year: 1863

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The following abstract of the charge Of
Judge Field and the verdict of the jury in
the Chapman pirate case is from the sacra-
mento Union. After reviewing the Acts Of
Congress to suppress insurrection, Judge
Field said


1t is not, however, necessary that L should
gointo any close definition of the terms mevy-
ing war" for it is not sought to apply them
to any doubtful case. War has been levied
against the United States. A war of gigantic
proportions is now waged against them, and
the Government is struggling with it for life
War levied, all who aid in its prosecution
whether by open hostEhes in the field or by
performing any part in the furtherance Of the
common object, however minute or however
remote from the scene of action, are equally
guilty of treason within the constitutional
provision In treason there are no accesso-
ries. All who engage in the rebellion at
any stage Of its existence, OF who design
edly give to it any species Of aid and COM
fort, in whatever part Of the country, may be
said to stand on the same platform. They
are all principals in the commission Of the
crime. They are all levying war against the
United States This Indictment was under
the second section of the Act, which declares
that if any person shall hereafter incite, set
on foot, assist or engage in any rebellion or
lnsurrectlon against the authority Of the Uni
ted States or the laws thereof or shall en-
gage in or give aid and comfort to any such
existing rebellion or insurrection, and be con
yicted thereof, such person shall be punished
by Imprisonment for period not exceeding
ten years or by a fine not exceeding ten
thousand dollars, and by the liberation Of all
his slaves if any he have, or by both said
punishments at the discretion Of the Court
The Judge said GAS to the reasonable
purposes of the defendants there is no con
tiict in the evidence. it is true the princi-
pal witnesses Of the Government are, accor-
ding to their own statements, cO-conspirators
with the defendants-are equally involved
in guilt with them, if guilt there be in any
Of them. But their testimony, as you have
seen, has been corroborated in many of its
essential details. You are, however, the ex-
elusive judges Of its credibility. The Court
will only say to you, that there is no law
which excludes the testimony of an accom-
pice or prevents you from giving your ere
dence to it when it has been corroborated
in material particulars. Indeed, gentlemen,
I've not been able to perceive from the argu-
ment Of counsel, that the truth of the mate
rial portions Of their testimony has been Sc
riously cotroverted"


The charge was elaborate and quite COM
prehensiye. I quote from the concluding
portion


"The position that because the defendants
had obtained letter Of marque from the
President of the so-called Confederate States
they are exempted from prosecution, in the
tribunals Of the country, for the acts charged
In the Indictment is entirely untenable.-
The existence of civil war, and the conces-
sion TO the COnfederates of belligerent rights
in particular cases, under special circumstan-
ces, do not imply the renunciation or waiver,
by the United States, Of any Of its municipal
rights as a sovereign towards the citizens of
the seeded States. AS a matter Of policy
and humanity, the Government Of the United
States has treated the citizens Of the so-called
Confederate States taken in open hostilities
as prisoners of war, and has thus exempted
them from trial for violation Of its municipal
laws. But the Courts have no such dispen-
sing power They can only enforce the laws
as they find them upon the statute book"


The jury retired and were absent Just four
minutes, when they returned with a verdict
guilty as charged in the Indictment. There
was breathless suspense in Court when the
verdict was announced.