Year: 1861

out py onr National Constitution it is di


rected that treason against the Unite,


States shall consist only in levying wa


against then, or in adhering to their en-


emies, giving them aid and comfort. Tha


the inhabitants of those States of this U


mon which have assumed to Withdraw
therefrom, ana form new and indeoen


dent government, have levied war upor
the United States within the meaning O


the constitution will not Admit of doubt
Giving aid and comfort to such persons
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.


Mlsprislon OF Treason is the conceal.
ment OF treason, by being merely passive
tor 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 pos
itive nature, which we shall notice bereaf,
ter.


treason may be committed against either
the government of State, or of the Uni,
ted States. When the offence is against
the sovereign authority of single State
1t falls within the jurisdiction of the Court
o! the state wherein it was committed,
but where, as in the present instance, war
is wageu against the federal government,
the federal cosrts have exclusive iurisdic-
ton. This Court cannot, therefore, take
cosnzance OF any act of treason, or mis-.
prlslon OF treason growing out of this re-
bellion inasmueh 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 intmated 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
neg lected to explain to you that the term
"misprislon" is of French derivation, and
means in legal parlance contempt or neg
lect Thus, msprsion of treason, con-
ssti in the neglect to give information OF
the commission Of an act of treason and is
what is termed negative misprsion.


The positive m;srrisIons which concern
our present inquiry and Of which we shall
now proceed TO speak, are such as involve
an attempt to weaken the strong arm OF
civil power, or contempt Of lawful au-
thor.ty. Thus, for example, 10 dissuade
witness from giving evidence. or from
obey ing the process of subpoena, to per.
suade or assist a prisoner in custody to
escape 10 refuse obedience TO the call of
a police officer for assistance to quell ri.
OF or apprehend an offender or endeavor
to persuade others to disobey such call,
are all misdemcanors Of this sort, based
upon the principle that it is unlawful to
offer resistance 10 lawfully constituted au =
thority. IL is safe TO assert as general
principle, that any wilful attempt to re,
sst the authority Of the government, or
to prevent or hinder the success of its
plans ordesigns in the prosecutions of a
war offensive or defensive, or to induce or
pursuade Others to do the like, is unlaw =
ful and punishable as high misdemean-
or Now, apply this general principle to
the present condition of our national of,
fairs. 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 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 a 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 mnst be perfectly appa.
rent TO the most ordinary understanding
thI any attempt to prevent the carrying
out of this design would be a 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 thwtrted and rendered
abortive, then all our high sounding theo'
ries respecting the supremacy of the gov-
ernment, and allegiance and sovereignty
are but beautiful igments of the magma
tion. 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 his own views,
and is obliged to obey only such laws as
meet his entire approval. .... ..r.


Suppose 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 tumdlt 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-
ton under which il was passed, and as.
sailing and condemning the political
views of the officers who are endeavoring G
to preserve the peace and advising and
persuadiug 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