Year: 1866

any actual force and constraint, and without
any well-grounded apprehensions of injury
to his life or person, voluntarily Joined the


rebels, and committed any of the ofenses
| charged in the presentment, with all the
other requisites TO constitute the otiense of
treason, as hereinbefore charged, he would
be guilty.


The jury, in all cases where the witnesses,
or any of them, gave his or their opinion as
TO the object of the war, or as TO any other
matter, must disregard such evidence.
The Court is asked to charge the jury
that if an insurrection exists in State,
and there be levying of war against the
State for the sole purpose of subvert-
ing the State authorities, and the insHr-
gents, having no design to interrupt the
Government Of the United States, that as
soon as the United States interposes with an
army TO put down such insurrection, it then
! becomes the war of the United States and,
no treason against the State from thencefor-
ward can be committed against the State.
The Court charges you, gentlemen OF the
jury, that when the sole purpose of the in
surgents was to subvert the State authorl-
ties, and not to interrupt her relations to
the United States, and the United States
should send an army to put down the insur-
gents, and while the United States was en-
gagged in putting down such insurrectiOn, the
insurgents commit any acts of treason against
the State, such insurgents would be amena-
bic TO the State authorities for such sofiense
and the fact that such insurgents engaged
in war against the United States forces,
would not take away the otfense committed
against the State, although the same act
may constitute an otfense of treason against
the United States.


1t is contended for the defendant, that
after the late rebellion assumed the dimen-
sions Of a civil war, and those engaged there
in accredited the right of belligerents, no
one who resided within the limits of the
States in rebellion can be held amenable to
the civil law for the crime of treason, COM
mitted while engaged in said war; but the
court charges you that this is not the law of
the land and charges you that this is the
law: that when a war is wrongfully levied
by a set of conspiratOrs in treason, and car
ried on against the mother country until the
insurgents are entitled to what is termed
belligerent rights, according to the law of
nations, and after this PERIOD If n citizen
owing allegiance to the mother country joins
the insurgents or rebels, and leyies war
against that Government, to which he owes





allegiance, voluntarily and without con-
straint or compulsion, he wonid be as guilty
of treason as the original traitors who first
levied the war. The maxifn is, "once
wrong, always wrong" That wrong never
becomes right by being persevered in and
carried to a great length, in the eyes of the
civil law. Although persons who may
wrongfully engage in and levy war against
their rightful Government, may carry on the
war until, by the usages of war; they become
entitled to belligerent rights for the purposes
of the war; yet such a state Of war cannot
be the means of excusing any one who may
join the insurgents or rebels from the crime
of treason. 1t would be treason in the
originators, and treason in all who afterward,
at any time, join in the war against their
Government voluntarily and without re-
straint