Year: 1861

lin the case Of the United States %. Fries, the
Court stated the law on this subject as follows:
"If body of men conspire and mediate an III.


surrection to resist or oppose the execution Of
any statute of the United States BY force, they
are only guilty of high misdemeanor, but If
they proceed to carry such intention into exc
cution by force, they are then guilty OF treason
by levying war;" ,.s..,s .igi s.4


will now briefly call the attention Of the
Grand Jury to the second part of the definition


of treason, included in the words adherinoto 10


the enemies of the United Stafes, giping them aid
and comfort. The statute gives no specifica-
tion of the acts which constitute treason under


this part of the definition Of that crime. Nor
can we avail ourselves Of the aid OF Judicial
authorities, to any extent, In the investigation
of this subject. am not aware that in any
of the prosecutions for treason in this country
the words under consideration have received
an authoritative construction. And 1t Ia the
obvious duty OF Court or Judge, in consider
ing their import, to guard against giving them
q meaning so comprehensive as TO embrace
acts Of doubtful or equivocal character. The
words "adhering to their enemies, giving
them aid and comfort" leave no room to doubt
that treason may be committed by other means
than levying war. But it Is not easy to state
or classify the precise acts which, under this


phrase, constitute the crime. II contemplates


the existence OF two facts; i. Adhering to the


enemies of the country. 2. Giving them aid


and comfort. But the fret fact stated seems


to be implied from theexistence of the second.


For it is impossible to suppose that "aid and


comfort" can be given to the public enemy. in


criminal sense, without adhering to that
enemy. II would seem, therefore, that the
only inquiry ia: What acts are equivalent to
giving aid and comfort to the public enemy,
within the meaning of the Law. It is clear
that the open and public avowal Of opinions
hostile to the Government and which are In
sympathy with the principles or measures Of
those arrayed in open war against IL, does not
constitute treason in the eye of the law. Such
opinions are, undoubtedly, evidence Of the
want of loyalty to the Government, and may
involve moral treason, but do not imply the
legal guilt of that crime. There must be the
overt act of giving the enemy aid and COM
fort; and such act must have direct refer
ence to, and must be intended to promote the
reasonable designs of the public enemy.


Without attempting to specify the numerous
acts fairly within the scope of the words Siuing
aid and comfort to the enemy, will refer to
some, 80 unequivocal in their character as to
be clear of doubt, and which will illustrate the
principle applicable to this branch Of the law
Of treason. To furnish arms or other NUM-
tions of war, or to provide boats, vessels, rail-
road cars or other means Of transportation for
those arrsyed in hostile opposition to the Gov.
ernment, with knowledge of the purpose for


which they are to be used, are unquestionably
acts involving the crime Of treason. So, too,
melting, encouraging or aiding others 10 en-.
gage in any of these reasonable acts, IL the
reasonable motive appears, would be giving
aid and comfort to the enemy within the
/ An.s. nG L. l. t. l. IL
certain that the communication of the in.


telligence to an enemy, by letter, tele-
graph, or otherwise, relating to the position,
strength, movements or designs Of any mill
tary force Of the nation, with the intention to
impede or thwart Its operations, or to expose il
to attack, capture, or other injury, Ia an act Of
treason. 1t has been already stated that the
purchase OF provisions, stores and necessaries
for rebel or foreign army, engaged In war with
the National Government, by commissary of
purchases, 10 an act of levying war, mourning
the guilt of treason. And 1t is q practical
question of great interest to the public, under


what circumstances the vender of provisions,
stores and necessaries Is. implicated In the
crime. as one who givss aid and comfort to the
enemy. Without discussing this question at any
length, may state that IL 10 obviously not ev
cry sale of property to be sent to q State or
place in possession Of the enemy, though from
its nature adapted to the use of the army and Ii.
able to be so appropriated, that constitutes an act
of treason. But, II the seller knows that the
property is to be 80 used he thereby doeslgive aid
and comfort TO the enemy, and is within the pen.
atty of the law. The criminality of the act de.
pends, therefore, on this knowledge. II the
seller is apprised of the unlawful use TO be made
of the property, the law implies criminal mo.
tive, whether the sale Is induced BY sympathy
with the enemy, hostility to the Government, or
the purpose of gain.


The Grand Jury will have noticed that the
lst section of the act of f1790 defining and pun.
ishing treason, limits It's operation to persons
sowing allegiance to the United States" We
are not to understand from these words, that the
crime can only be committed by native born or
naturalized citizens. They embrace all per-
sons who are under the protection of the Con-


stitution and laws Of the country. AL such
owe allegiance TO the Government, and are
responsible for their reasonable acts against It.
II is proper, also, to notice the clause OF the
section referred to, declaring that there shall be
no conviction for treason, "upless on the testi.
mony Of two witnesses to the same overt act,
or on open confession In Court" This proyi-
sion obviously has reference to thetrial after an
indictment is returned. It has no application
to preliminary investigation before an exam
ining Court or Judge, or Grand Jury. If you,
therefore, have the credible testimony of one
witness TO an overt act Of treason il will Justify
the return of an Indictment as true bill. lg'
will now briefly notice the minor offense of
concealing or refusing TO give information OF
an act Of treason. IL Is defined in the second
section of the act of 1850, which / have already
quoted, and 10 called misprision Of treason.


This section provides, In substance, that any
person having knowledge Of the commission Of
the crime Of treason, who shall conceal IL or not
make it promptly known to the proper officer
of Government, shall be liable to punishment by
fine and imprisonment. The words Of the sec.
ton are very clear and Ineligible, and do not
require any exposition Of their meaning. may
remark, however, that In circumstancesin in which
il may be supposed the higher crime oi treason
may be committed, there Is probability that
persons may be guilty Of the lesser offense. The
duty of giving immediate information Of q
reasonable Act is eDjoined not only BY the let.
ter Of the statute, but is clearly deducible from
the high obligations Of patriotism resting upon
every citizen. And he that refuses to perform
this duty may be justly suspected of treasonabie
designs. Il is obvious to remark that d failure
in this respect may lead to the most disastrous
results. s' 'ea q -ss ~
am not informed to what extent the present
Grand Jury will be called upon to investigate
charges involving either Of the crimes to which


| have referred. / learn, however, that there


will be at least one case, not duplicating any


citizen of our own State, which may be brought
to their notice. OF the facts Of this case am
not advised, and cannot therefore give the law
in charge, withta special reference to them. II
is probable that in any state Of facts which may


be proved, the law, as / have attempted to ex--
pound IL, will be sufficient 70 guide you in your