Year: 1861

By the law of England there were various
acts defined by statute which would render the
perpetrator guilty of treason, but by our Ma
tional Constitution it is directed that treason
against the United States shall consist only in
levying war against them or in adhering to
| their enemies, giving them aid and comfort.
That the Inhabitants of those States of this
Union which have assumed to withdraw there
from, and form and independent gov
| ernment, have levied war upon the United
States within the meaning of the Constitution
will not admit of doubt. Giving aid and
comfort to such persons, by such overt acts as
giving them intelligence, sending them pro-
visions, furnishing them with supplies, or
| arms, or the like, would be treason and would
render the offender liable to punishment of
death.


| Misprison of Treason, is the concealment of
| treason, by being merely passive, for any as
| Slstauce given to the traitor, makes the party
principal as there are no accessories in trea-
| son. This misprison is of a negative charac-
| ter, but, as has already been stated, there are
other misprisons affecting the government of
| a positive nature, which we shall notice here
| AFTER


| Treason may be committed against either,
| against the government of State, or of the
| United States. When the offence is against
the sovereign authority of single State, it
| falls within the jurisdiction of the courts of
| the State wherein it was committed, but where,
as in the present Instance, war is waged a
gainst the federal government, the federal
courts have exclusive jurisdiction. This court
cannot, therefore, take cognizance Of any act
of treason, or misprison of treason growing out
of this rebellion, inasmuch the war levied
by the Confederate States, as they are called,
is against the general government and not a
gainst the State of Pennsylvania.


But, as has already been intimated, there
are misprisOns of positive nature, some of
1raD M ISnp nd
treason misprison of treason, be offences
against State or federal authority as the case
may be. L have heretofore neglected to
plain to you that the term ssHisprson'' is of
French derivation, and means, in legal par
lance, contempt or neglect. Thus, misprson
of treason, consists in the neglect to give in
formation of the commission of an act of trea-
son and is what is termed negative misprison.


The positive misprisons which concern our
present inquiry and of which we shall now
proceed to speak, are such as involve an at
tempt to weaken the strong arm of civil power,
or contempt of lawful authority. Thus, for
example, to dissuade witness from giving
evidence, or from obeying the process OF
subpoena, to pursuade or assist prisoner in
custody to escape, to refuse obedience to the
call of a police officer for assistance to quell
riot or apprehend offender OF endeavor to
persuade others to disobey such call, are all
msdemeanorS of this sort, based upon the





to lawfully constituted authority. 1t is safe
to assert, as general principle, that any wilful
attempt to resist the authority OF the govern
ment, or TO prevent or hinder the success of
its plans or designs in the prosecution Of a
war offensive or defensive, or to induce or
persuade others to do the like, is unlawful and
punishable a high msdemeanor. Now. ap-
ply this general principle 20 the condition of
national affairs. A state 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 Gov
ernors of the several States to furnish their
quota of troops for the organization of mill
tary force sufficient TO protect the government
and suppress formidable rebe liion. The
Governor of Pennsylvania, in response to this
demand, has issued proclamation calling up
on all the able bodied citizens within the Com
monwealth, subject to military duty TO form
themselves into military companies and regi-
ments, to be called and mustered into the pub
lie service. Now it must be perfectly appa-
rent to the most ordinary understanding, that
any attempt to prevent the carrying out of
this design would be gross insult to the gov
ernment and daring contempt Of the authority
vested in it, and therefore high misdemeanor.
For, if the designs and plans of the govern
ment can with impunity be thwarted and rem
dered abortive, then all our high sounding the
ories respecting the supremacy of the govern





beautiful fgments of the Imagination. Such
federation 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 his
own views, and is obliged to obey only such
laws as meet his entire approval.


Suppose riot to occur in one of our streets. |
1t is the duty of the officers of the law to
suppress it, and it is the duty of all good
citizens to aid and assist, for without such |
regulation the public peace could not be main
tanned, and we would constantly be in the |
midst of disgraceful scenes of tumult and |
disorder. Now, suppose that on such an occa-
sion some individual would take it upon him |
self to address the assembled multitude, de- |
nouncing the riot act and the administration |
under which it was passed, and assailing and |
condemn;ng 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 reasons. How should court and jury |
deal with such offender? The question
need only be asked. And is not that man a
times moro culpable who, by words |
or actions, persuasions or threats, would at
tempt to prevent or dissuade our citizens from
to the call of the chief magistrate
of the nation for aid to put down rebellion
that aims at the total subversion and over
throw of the government


There is great misapprehension abroad on
his subject. Many persons erroneously sup
pose, that so long as individuals will refrain
rom an overt act of treason, they may speak
and act as they please against the government,
with perfect impunity. 1t is time that such
dangerous misapprehensions should be correc-
ted, and in our remarks on this occasion we
ire doing what we can to accomplish that pur-
pose. There other offences beside trea
ION and mispriSon of treason, which effect
.he government and its claims to allegiance,
IS has been already explained. The late