Year: 1859

/ would IL be for the worst OF treason TO escape
punishment, simply by excepting out Of the
treasonstle design, some ono law.


So that combination formed to oppose the
execution Of law by force, with the design o.
acting in any one case which may occur, and be
within the reach of such combination, is a trea-
sonable conspiracy and constitutes one Of the
elements Of this crime.


| Such a conspiracy may be formed before the
individuals assemble to act, and they may come
together TO act pursuant to it or it may be
formed when they have assembled, and imme-
diately before they act. The time is not essen
ttai. All that is necessary is, that being assem-
bled, they should act in forcible opposition to a
law of the United States, pursuant to com
mon design to prevent the execution Of that
law. Actual force must be used. But what
amounts to the use Of force depends much upon
the nature of the enterprise, and the circum-
stances of the case.


1t is not necessary that there should be any
military array or weapons, nor that any person
al injury should be inflicted on the officers oi
the law. The presence OF numbers who mani
fest an intent to use force, If found requisite to
obtain their demands, may compel submission
to that force, which is present and ready to in
flict injury, and which may thus be eftectnally
used te oppose the execution Of the law.


Nor should it be forgotten that treason may
be committed by those not present. personally,
at the immediate scene Of violence. If body
of men be actually assembled to effect by force
a reasonable purpose, all those who perform
any part however minute, or however remote


from the scene OF action, and who are actually
eagued in the general conspiracy, are to be con-
sidered guilty Of treason. Hence, influential
persons cannot form associations to resist the


law by violence, excite the passions of ignorant
and unrefecting, or desperate men, incite them
to action, supply them with weapons, and then
retire and await in safety the result of the vio-
ence which they themselves have caused. -
They who have the wickedness to plan and in
cite and aid, and who perform any part however
minute. are justly deemed guilty of this offence,
though they are not present at the immediate
scene of violence"


Nor is it material what law OF the United
States is thus resisted, whether it be the law
for collecting the revenues, the fugitive slave
law, or that surpressing the African slave trade,
or any other law of the Federal Government.
1--WE can know Of no distinction between one
law Of the United States and another. II it
were permitted to men in office, or men out OF
Office to be influenced by their own wishes, in
determining what laws should be executed and
what might be resisted with impunity, we
should live no longer under government of
laws, and the citizen, when arranged for crime,
would he held innocent or guilty, not according
to his wilful violation of a known rule, but ac
cordng to the caprice of an irresponsible judi
ciary. No such government can exist in this
country, or ought to exist any where"


1t should however, be horne IN mind. that
the licentiousness OF the public press in discus
sing the policy of any particular law of Con-
greSs or the denoralizing harangues Of individ-
uals against its expcdiency, do not embrace the
elements of this offence The mere violent
abuse of the charletan and the demagogue does
not constitute the crime of treason, however
offensive it may be to individuals, or how much
so ever it may tend to disturb the peace Of the
community. "With the temper of any portion
OF the public mind so far as it manifests itself
in discussion Of any question, or the formation
of opinions, or so far as it affects the political
affairs of the country, the Federal Courts have
no concern. But when it connects itself with
the criminal law Of the United States, when
discussion ripens into direct and urgent incite-
ment to crime, when ignorant men are stirred
up to form combinations to resist the law by
violence, it becomes important for the grand
inquest of the district, to understand the true
character of these combinations and the acts
which grow out Of them, and the responsibility
which the law attaches thereto"


1t is supposed by many that the assemblge of
persons which convened in this city on the Oath
Of May last was a reasonable assemblage,
having for its real object, open and violent re-
Sstance to the execution of public law Of the
United States, in the unlawful rescue of Offend
ers, imprisoned, under the process of this court,
for the violation Of that law. " .....


The use Of force being an essential element
OF the offence, the crime OF treason against the
government is not complete without it. What
ever might have been the other distinguishing
characteristics of that convocation, the persons
composing it, did not render themselves obnox
ious TO the first section Of the act Of April
1880, unless there was combination by which
different individuals were united in the one
common purpose of preventing, By force, the ex.
ecution of q law Of the General Government !;
and further, that there was the actual use OF
force by such combination to prevent the exc
cuticn OF that law.


When an assemblage Of persons called to-
gether for the purpose of denounclng the ma
tional government, it's laws and its public
functionaries contents itself by simply passing
resolutions Of disiavor, or by the performance
Of any other act equally harmless, such pro
ceedngs involve nothing more than mere mat
ters of taste and opinion in relation to which
all good citizens have perfect right TO differ
and to express their opinions. Such proceed
ings, certainly do not constitute the crime Of
treason against the government. ..a. .-I


Again: it is supposed by some that the recent
lawless violence Of mob on the banks Of the
Potomac was the result, and in fact constituted
a part Of reasonable conspiracy against the
Government of the United States, and that
certain citizens of the Northern District of
Ohio are implicated, or had completely in that
transaction. rgEt n .t,Hrf 4t. ... q.


If the recent criminal violence which was
perpetrated in that direction originated, or was
produced bp band Of conspirators, whose pur-
pose it was TO overturn the Government of the
United States, then doubtless, all who were in
league for its accomplishment are guilty OF
treason. 1t matters not whether those engag
cd in the enterprise were few or many. Nor
is 1t material so far rs the crime itself is con.
cerDed, in what portion OF the Union, any one
OF the number thus engaged committed an overt
act involving the, turpitude Of this crime
Wheresoever the over: act was done, there the
offence was committed and there the offender is
amenable to the law before the ederaltTibunals,
whose jurisdiction in such case is exclusive.


But if the enterprise had for its sole object
the subverSion Of State governments, and con-
sequent breach of the laws OF Virginia or Mary
land by means OF servile insui irection or other
wise, then, evenif the plundenng of the nation
al armory was resorted to by the conspirators
for the accomplishment Of their object, the Of
fence does not, nevertheless, come within the
definition Of treason against the United States;
but it is State crime, and the offenders are
only auswerable before the judicial tribunals oil
those States whose laws and municipal regula-
tions they have broken. Hence, if your action
is invoked in this matter, the purpose oil the al
legged conspiracy becomes an important enquiry.
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