The Law Of Treason

A few words more, gentlemen. Although it cannot bo possible that, in this Judicial District, the high crime dufined in the constitution of the United States as treason can be committed under the plausible plea of sccession, yet, under the existing penis to which oor Union (as it is) is now exposed, it may not be without bene6cial effect to indícate the ooraequences '' of adhering to its cneuiies and giving them aid and comfort." in England, this trangrcssion against the State was defined hy the Stat. 25th Edward III. aa " compassing or imagining the death of the monarch or bis heir." This left too muoh to judicial coustruction, and acts iunoceut in thomselvos vvcro often perverted, at the dietate of corrupt power, into evidence of criminal imugiuation or hostile iutention. The framers of the American canstitution, with an exalted wisdom and virtuous forecast, thouglit aud detcrniined otherwise. In the 3d section of article III. of the oonstitution of the United States'it is declared that " Treason against the United States shall consist only in lecying war against tliein, or in adhering to iheir enemies, giving thein aid or comfort." It is Avious, then, that the offence consists in otje of thesis essential partieulars, vz : actual war, hostile adharenoe, or aid to tho enemy of the country, Congpiring to overturn our admirable systern of government (the realization of the wisdom of Grecian and Koman philanthropy), - dedring its destruction, - plotting its ruin, or even preparing for rebellion, unaccompanied by hostile action, is not treason. The overt act of levying war, and that only, constituios tbo offenoe. Guilty iiitontion doe8 pollute the soul, but the legal peiaalty only attaches to the act oarryiug into exeeution sueh inteution. Like Arnold, such a moral traitor can prowl about oivilized society, living on the wages of Lis iniquity, and uuquartered andunhung; and, like Arnold continuo a byword among all nations, symbolical of perfidy and perjury. Like the madinan who fired the Ephesian dome, tlio moral crime may be recoi'ded and remembered to the latcst generation, and the name of the despoiler be transraitted, not to oblivion, but infamy. Y et, lift tho veil whieh coneeals futurity frora present time, and behold the posthumous reputation of the man whose restless aud uuholy ambition has broken up the American Iiepublie, or blotted out the light of oue American star. The crime, is so clearly defined that he that runs may read. The sch ooiboy is taught early the lesson that to levy or wage war againsf the Uuited States is high troason - the greatest ofFenco against society man can commit. If imagining tho death of the King, in Englandj is cousidered sueh au euoruious crime as to cali for the severo penalty of an ignominious public exeeution, - the culprit to be drawn alivo to the gallows, hanged, cut down alive ; the body divided, exposed to public exeeration ; the forfeituro of real and personal estáte, aud the attainder and corruptioa of blood, reaching to the generations which succeed him, and blotting out his very name from tho records of liumauity, - what estimation should be entertaiued of a liks offence in a free goverument, where the peopla themselves, annuaily and every four years, select their own rulers, as their owd agents, to make, administer, aud execute their own lavvs, - where the redress of injury, public or private, is plain, siniple, open to every ono,-- where oppression caunot exist, or be continuod a day, if known, - where partial or unjust laws can be at once repealed, and uegligent or unjust judges removed, - and where this high crime, as constitutionally defined, embraces not thenaked iutoution, but only the act by which it is carried iuto effect. The terms employed in the description givou of the oü'enee are borrowed from the country fram which our ancestors emigrated. " To levy war" is to make the necessary and usual provisión to carry on a war succcssf'ully, by the. enlistment of men, and gatherhig in depot the munitions and means of warfare. der sucb a gorernmcnt as ours, entering into a conspiracy to break up the goveru inent in a desiguated contingency, and arfanging, through official power, or in any otber way, the goverumcut anus, ruunitions and funds, with the view af aiding a contemplated and prearrauged rebellion, - and the rebeüión occurs in consequence of sucb arrangement, and with the aid of sueh means, - is assuredly, within the spirit and meaning of the constitution, giviug aid to treasou, and ïnakes such principal traitor a leader in the actual treason. In the language oí the Supreme Court of the United States, " to levy war'' is to raise, créate, make, or oarrj on war. And, althongh the traitor may uot guide the storm which he has raised, yot he aids in making the necessary preparations for its suocessful result. We make war when we seizc by f orco of arms the public property of the United States, - when we intcntiouaüy fire upon their time-honorcd national bauner, - when we besiêgo the national iqrtficatioDB, purchascd by the national treasure, - and when such acts are in subordination to a public declaration that the oommunity of which these trangressors are membors is severed from tho national goveruinont. War tlien existí, without any formal declaratiou. Tlio tran agressors are tlie encimes of the Uuited State?, and all who adhere te tliem, unite thúir course wit li them, support and susta'm them, or give them practical aid or cooii fott, are constitutioually guihy of treason. ' Aid" and " cotnfort:' are synonymous tornis. Practicollr, to comfort rebela is io affbrd thein aid by money, or other ; means by which their project is advanced. Words of coüsolation, or more advocacy of their cause, unaccompaiiied by note, are not comprehended withiu the meaniug of the constitution. Mero sympathy is not the comfort intended by the defiuitioü of this higli crime ; tlie hand must correspond with the heart ; the impulse must lcad to action of soruo sort ; a part must bo peribrmed - a guilty dec;d, if it bc but au qunce of powder or a pound of lead : and the coruforter, however reinóte frota the sceno of action, " being leagucd in the general oonspiracy," and giving aid and practioal comfort, is guilty of treasou, be he a resident of Michigan or of New York. The Bhip-builder who furnishes vessels ! to a rebellious portion of the Union, or the artisan or manufacturar who delivers cannon and muskets pnmiant to contract. or the merobant who transmits to on.c.the clothing íbr a rebcllious soldicry, thus gives practical aid and comfort, and is amenable to the penaltj of the law, Our fcllow citizcus read tlio coustitution to little bcneficiul purposo whcn they ovcrlook thia streng foaturo in its plmn and cmphatic definitioa of treason. Tlio words are without, meaaing if they do not embraco all necessary supplies to a cominunity ocoupying a hoctile attitude to the United Statea, and the tender, as well as the areut who purohasei the wcapons of wartai-ü, is as guilty of treason as the rebel who mounta the rampart sword in haüd, or who applies the matoh to the rifled cannon aimed and discharggd at the natioual vcssel of the Uuited States. Aid, substantial aid and comfort, may be given to au enemy by one at a distanee from tho Beat of war. Money can be supplicd witliout personal preaence, smd any cojubination tbr such purpose, by loan, subscription, or otherwise, is treasou, and tho place froni whoncc the aid is givcn or loau negotiated coufers the jurisdiction. But a conspiracy to lovy war, or a eonspiracy to supply raeans, is not treason ; ncither is the actual eulistmeut of men, to have theia afterwards tuustered iu re bellion. Such offences are only high niisdemeanors. By the act of 1790, misprision, or tho coucaalmeut of treason, subjects the offoudor to geven years' iraprisonmeut aud a fiuo of $1,000. The constitutionality of this act cannot wcll bc questiontd, as it is clearly within the powers expressly granted under the 8th sectiou of article I. To escape the penalty imposed, every ctizen must make known as soon as practicable, to the President or to some judicial officer, his kuowledge of the commlssion of, or intouiion to cominit, treasun. Tolhis duty all are obligated by their allegiance, expresa or implied ; and, ander the uaturalization law and the various State statutes iu regard to quálifioations for office, what ad uit cit iaën has nat expressly sworn to support the constitution of tho United States ? ' To support" ia to uphold, maintain, preserve, - not to pull down, overturu or destroy ; and no oue supports auy governrnent who is privy to the plots of its eaemies, and forbears to take imincdiate stups, by a proper disclosure, for its protection and safety, This constitutional and this statutory offence olearly indícate the duty of the citizen of the Uaited States. I say citmn of the United itates. Thorü can be no conflict betwesn duty to tho general and duty to the State government. Allegiance tu the one is allegiance to the other ; and, as the general governmeut cannot absolve froui State allegianco, neither can the State absolve the citizen. froni that allegiance which is due to tho general government. Aud there can be no conflict of duty, because ampie judicial provisión is made to protect froin uuÏOSt and uuconstitutidnal otate or ui'.tioual legislatioii. Judicially, it Bever eau be recogí) ize'd that a State can confer authority upon its inhabitants to uake war against the general government, rosist its lawful authoriiy, or oppose its legitímate functiouaries. There eau be no jtutificatiou of rebölliou by the plea of State sanction or State preeept ; aud, although the Sheriff is not subordínate to the Marshal, or the Marshal to tho Sheriff, vet the formor acts at his peril under State nroeess, f issued iu opposition aud trary to tho constitutiou aud laws of tho United States. The Uuited States, and the States can raove, and should ever movq, iu harmonious órbita The powers delegated to the one and reserved to the othcr, by cominon cjnsent of States and pcoplo, will keep each authority froiu colliding with the other. State sovereignty is confiued within tho reserved rights of the States; beyoud that limitation it ia subject to the power of the United States, aud its inhabitauts ameuable to its laws. State sccessioa is rebelüon, and every act of rehelhon is treason. Seeessiou is au uupenuitted and unconstitutional withdrawal frorn the Uuion to wlïich all origiually assented, and froin whieh none ean withdraw without tho asüent of all. I deeply deplore, gentlemen, the lamoutablo nocessity that geeras to cali froiu tLe 'court this oommeutary upou the luw of trcasori. I might pass the topic as uunocessary ia our lutituds ; but whcu therü is crime stalkiug about, unuoticed aud uuthought ot', tshould the conservators of the public peaco keep sileuce f The cry of fire at unduight awakcns all, - suiumons tlïe old and the young to the rescue ; property is in peril. Shall the other cry be less poteut : Tho Umon - the glorious Uuion - tho Union under which we were boru - the Uniou for which our fathers struggled - the Union for the maintenance of equal libeity and equal rights - the Uuion of brilliaut stars and refulgent stripes, is in peril v Wlio will - who can - haug bauk 'Í Who eau repose on bis pillow in poaee ? Cursed be the watchinan on the outward wall who omits to give timely waruing. Yes! We are iü tho midst of" perilous times." Öeltish and covetous men - " tho disobedient and the unthaukful" - have scized the brand nf djsoord and applied the torch to the structure of our governraent ; uot soekir.g a better, í'or a better cannot bj ; but heedlcssly striviag to ovorturn the wqrk of patriotic wisdom, which never agaiu can be recoustructed. Two of the original States, and four of those fornied out of the territory purchased a:id established by the national treasury, have - so for as a paper ordinance eau do so - left tho JJnion, or, in the unconsütutionul langifago emplr.yed by their conventions, '■ sjcoded,"- publioly withdrawn their delagated powers, and duclared thcmselves separate and independent coiuraunities. The act is either rebcllion or j-qyoliUion, and only the lauer in case the rebellioii is sueucssful, or the constitutcd authorthj roeogmzoa and sanotions the withdrawal, - a power not eonferred by the constitutioii either upon the esecutive or legislativo department. As well ïnight Wayne coutity secede from the State of Michigan, or tho township of Ecorse declare itself, by a vote of its inhabitants, absolved from either State or county goverument. If such be uciiotitutiüiial law, huw long ïiiaywe cspect the Ninth Ward, uuder its present taxation, to remain within the ïnuLicipality ol Detroit? The priuciple and (uecedqot 18 destiuctive uf til goverumeut, and, if sound as to the States of the Union, would be soou applied to smaller discontented coimiiunities. 'Lhat the constitution oí tho United States was designed by its f ramera as a mere copartnership contract, to which the [ respectivo States wei'e the only partios, I J is refuted by thcir knowa vifcdom object, and patriotism. Would a govcrnment obnoxious in ita infauey to self-destruct on, without timely uotioe to the othor parties, and without their consent, - a oombiuatioa of parts or parties to bo Jissolved at anj moment, in caprice or roscutmeut, - a spider's invisible thread, to be rent asunder by the iir.st bostile breeze, - a ohild'a play-bouse of-oard'a, to be kicked over in fretfulnesa, - a governnient Hable to bo overlunied within the lirst decade of Is formation by p.nrtiH) frenzy, - would auoh a govei-nment, I ii.sk, oowport witli tho wisdom of such men as Washington, Franklin, Jeffersou, Adama, Ilamilton, Cari'oll, and Pinekuey, who.se reputation ainong men is nscribed by the irön pen ofbistory mtablataM oí' granite ? Did they, in creating an Union of States as one goveniment in war, onu government iu peace, one proprietor of a jrreat public doniain. and ono voice to all foreigo nations, neuk simply to biud the ! States by the delicate ehords of fraternal love ? Did ho who aided in snatchiog tha i sceptro froni tyrants, and eleetricity from i the skics, consent, for ouo momeut to i bandon tho old Confodcnicy for such a i pemedy for intestina coinmotion, social disorder, and mutual protoctioa ? He and bis assoeiates sought a chango for the better, and not for the worse ; and far better ooloniul dependonce, with penuanent proteotion to life and property, than a systcra of rule which promiscd poaoe and liberty to-day, but no certainty as to sufety and tranquility to morrow. Did these very remarkable men, so prominent in the history of our raco for wisdom, forecast, learuing, aud disintorosted lidelity to public trust, - when God gave them the powo;, and elearly enjoinod the duty, of orgauizittg a atable govermnout for posterity, - coutent tliemselves with apa per dsolaration of powera and limitations and righls, without the Gasential principie of self-preservation ? Did they build upon tho saud, or upon the rock ? If t!ie furmer, they woru fools ; if tho latter, wortby - well worthy tho high estimation oí thcir oountrymea and the renowü of hiatory, It is, and has been, strcnuously oontonded, by learoed and distingu slicd Htutesmon of the South, foi1 the Jast thirty ye;irs, that thu Union, uader the oonstitution of 1787, was butaoontraot butwetiii sovereign uni independent States, - a mere agreement, to bo honornbly and fraternally kept as long as tho ooniructing parties faithiully observed il.i porvision, and, liko all other contraots, Hable at any time to bo .'.ullitied and made vwd at the witl of eitfaer of the contracting partios, witliout - nay, agaiust - the uonseut of lbo olhers, thougb tho destruction of their interests arid peacoshould be the inevitiible consequeiiee of tiuch ruptura. Sucb a oonstruotion is not uueval with the instrument, or supported by thu subsequent history of the goveromeut. Was such tho true interpretation - why the vast espendituros lor national stfuctnros, - vvhv tho adorninont of tho Oapitol, - whereioru the Fresidant'B house, tho treasury buildings, tho nuinerous harbórs and dook yards, the national school of the anny and imvy, ligbthouses and arseDMS, - and why tlie parchase of territory ? It such con su'uotion bo sound, in vain tho privations of the revoluiion, and the liquidation of ita debt. Why sepai ate frora tho old and iorni tho new go.erninent, il' thu latter was only to bu held gether by human honor, under the over vaeiliating interpret. itiun of human tíu!fish;iüss? No! Nol Whatever was done, a stublo governnaenl was contetnlated. A moro perfect Union ü' thcre be ineaaing in words - is a Union rpore perfect thun tb at whicb preceded it ; and thoold Öonfaderation I had all the eásential attribntes of a ! mere honorable contract between the States. The language of the preamble ot the cooetitutiou, setting forth by whora it was íormyd, uriquosionably ! establishes the goveniment a8 a unit, and refutes the doctrine that it was a mere allr.ince batween Ötate.s or Provincl3Sj - We the ptople," for ourselve and our posterit)-, do orduin and esiablish tlus cpQtftitution for the United States ot America; and the governHient thus created by the peoplo of all the States sprang tórtb frora their om nipotent wili, ooe and nUiviuible, - one nation, oue people, - the goveroment American, - the people Amenoan, witb iduitity of iuiuresta, and identity of spirit, and oomrounion' of privileges ; so that, where the American name sbould bo knowu, American power ehouid constituto tho eui'e ehiylti of American right,s,