RATES OF ADVERTIS
Tont lines or less constitute half a square. Ten limo
or more than four, constitute a square.
wilfsq.,oneday— —.... $0.25 One at., one dap.-- BOA
41 one weec. —. 1.00 cg one week...—. 1.25
~ one month... 2.00 II ono month- 3.00
cf throe months. LOU LI throe months. 5.00
‘ et:months— 4.00 LL sir menthe.-0.00
it one year.-- . 5.00 cg one year.--10.00
y 7 Business notices inserted ;n the Looal °maw, or
before marriages and deaths, rive cIINT3 Pelt awn fer each
insertion. To merchantsand °therm advertieitigb7theYear
iiberal tee -is will be offered.
ID— The numberof iesertione Mgt bodesignatedon tb e
drertieement.
ET aarriasen and Deaths win be inserted at the Banal
esss reguinr ..I,4rtissatents
. •
Ziationerp,
Q,CHOQL BOOKS.—School Directors,
Woollen, Parents, Scholars, and others, in want of
school Books, Sobool Stationery, &c., will find 11 complete
04ortment at B. M. POLLOCK & SON'S BOOK BTOBB,
biarket Span, lborrisiourg, tomprising in part the follow-
BEADBRs.—Mclauffera, Parker's, Cobb's, Angell's
ePELLING BOORS.—Mclauffey's, Cobb's, Webster's,
Sown's, Byerly" a. Combry'e.
IiNGLISH GRAMMARS.—Bullion's, Smith's, Wood
bidge's, Monteith,s, Tuthill's, Hart's, Wells'.
insToniza .—Grimihaw , s, Davenport's, Frost's, Wil
son's, Willard's, Goodrich's, Pinnock's, lieldsmith's and
Olarre-
ARITSMSTIO'S.--Greenleafbi, Stoddard'o, Nmerson'si
Pike's, Rose's, Colbur&s, Smith and Duke's, Davie's.
ALGEBRAS.—Ureenlef's Davie's, Para, Ray's,
Bridge l n-
DIOTIFINARTS.—Waikee'e Behool, Cobb% Walker
,
Woreester's Comprehensive, WoroeSter'S Printery, Web
ster's Primary, Webster's High School, Webster's Quarto,
Academie.
NATURAL PHILOSOPHIES.—Couittooro, Parker's,
Swift's. The above with a great variety of others can at
any time be forma at my store. Also, a complet le e asscom
ort-
ment of School Stationery, embracing
in the win a
plete outfit for school purposes. Any book not in the store.
procured At one days notice.
irr Country Merchants supplied at wholesale rates.
ALMANACS. --John Baer and Son's Almanac for sale ai
B. M. POLLOCK & SON'S BOOK STORM, Harrisburg.
Wholesale and Retail. myl
JUST ItECEIVED
AT
SCHEFFER'S BOOKSTORE,
ADAMANTINE SLATES
OF VARIOUS SIZES AND PRICES,
Which, for beauty and we, cannot be excelled.
REMEMBBB TUE PLACE,
SCILEFFEA'S BOOZSTORS,
NO. 18 MARKET STREET. mar 2
N E W BOOKS!
JUST RECEIVED
"KRAL AND SAY,"" by the author of " Wide, Wide
World," "Dollars and Cents," &a.
' , HISTORY 0.9 MET HODlSid,”by A. Stevens, LL.D.
Per sale at Bumf yaw , BOOKSTORE,
ap9 N 0.113 Markt'. at_
JUST RECEIVED,
A LARGE AND SPLENDID ASSORTMENT OF
RICHLY GILT AND ORNAMENTAL
WINDOW CURTAINS,
PAPER BLINDS,
Of various Designs and COM, for 8 cents,
TISSUEPAPER AND CUT FLY PAPER,
At[my2.4] WEEPIER'S BOOKSTORE.
WALL PAYER! WALL PAPER 11
Jost received, our Spring Stook of WALL PAPER,
BORDERS, LIAR SCREENS, &e., &c. It is theiargest
and best selected assortment bathe city, ranging in price
from six (6) cents up to one dollar and agnarter ($1.25.)
As we purchase very low for cash, we are prepared to
sell at as low rates, if not lower, than can be had else
where. if purchasers will call and examine, we feel
confident that we can please them i
nn respect to price
Sad quality. E. X LOK & SON,
spa Below aOllOlO noise, Market Square.
LETTER, CAP , NOTE PAPERS,
rep, ifOlderB, Pencils, nu. - eleis,s,
the best quality, at low prices, direct from the manu
factories, at
masa° BOUVITERIS CHEAP BOONSTORR
T . AW BOOKS ! LAW BOOKS I
12 general assortment of LAW BOOKS, all the State
Reports and Standard Elementary Works, with many of
the old English Reports, scarce sad rare, together with
a large assortment of second-hand Law Books, at Tory
Wm' prices, at the one price Bookstore of
E. M. roixooK & SON,
inyit Market liquare, ilerriebarg_
pititoctilantous.
AN ARRIVAL OF
NEW GOODS
APPROPRIATE TO THE SEASON!
SILK LINEN PAPER
FANS! . FANS!! PANS!!!
ANOTHER AND SPLENDID LOT OF
SPLICED FISHING R ODS!
Trout Flies, Gat and Hair Snoods, Grass Lines, Silk
sad Hair Plaited Lines, and a general assortment of
FISHING TACKLE!
A GREAT FARINET OF
WALKING CANES!
Which we win sell as cheap as the cheapest!
Silver Heed Loaded Sword HiekerY Fancy
Canes! Canes! Canes! Canes! Canes!
HELLER'S DRUG AND FANCY STORE,
NO. 91 XARKET STREET,
South side, one door east of Fourth street je9.
COAL 1 4 4
N T
ur ONLY $1.75 PER TON!!:
TICEV.ERTON NUT COAL for sale at $1.75 per ton,
delivered by patent Weigh Carts.
YINEGROVE COAL, just received by ears, for sale by
feb2l JAMES M. WHEELER..
GARDEN SEEDS 1 1 1-A FRESEt AND
coxeLETE assortment, just received and for sale by
feb2l. WM. DOCK, JR., & CO.
TUST RECEIVED—A large Stock of
91 SCOTCH ALES, DROWN STOUT and LONDON
PORTER. For sale at the lowest rates by
JOHN H. ZIEGLER,
72 Market street.
F ill! FISHIII
MACKEREL, (Nos. I, 2 and 24
SALMON, (very superior.)
MAD, (Hess and very fine.)
HERRING - , (extra large.)
COD
SHORED HERRING, (extra Digby.)
SCOTCH HERRING_
SARDINES AND ANCHOVIES.
Of the above we have Mackerel lu whole, half, quarter
ene eighth bble. Herring in whole and half bids.
The entire lot new—maser FROM THS IFIRRERIES, and
will eell them at the lowed Market rates.
sepia WK. DOOR, Ja., & CO.
CHAMPAGNE WINES'
DUO DE MONTERELLo,
HIBIDSUCK & co.,
OHARLBS
GISs - GER & CO., ANCROR—SLLEKY motraszux,
SPARKLING bIIISCATEL,
MUM & 00.1
TZRZENIy.
CABINET.
In store and for sale by
ioNtI R. ZIEGLER,
7$ "Market street,
de2o
lOKORY WOOD ! !-A SUPERIOR LOT
just reeeived, and for sale in quantities to eat pas_
chasers, by JAMES H. WHEELER
*o3 OA &ZIP PINE constantly on hand at the
lowest prices. deed
VAKELY BIBLES, from 1$ to $lO,
strong and hindeolpely bound, printed on good paper,
with elegant Bleat new type, sold at
80HEYFEit'S Cheap Boolostbre.
ANBERRIES 111-A SPLENDID LOT
(IR
A. , just received by
octlO WM. DOCK, AL, & CO.
VOlt a superior and cheap TABLE or
S&LkD OIL go to
/TELLER'S ORM STORE.
THEFruit Growers ' Handbook—by
WARnm—wlkolessie Andrei& at
timbal aCHICIPPSWI3 Bookstore.
QPERM CANDLES.—A large supply
A 7 just received by
seEdB WM. DOCK; 75., & CO.
VELLER'S DRUG- STORE is the place
to Sad the bad wortznent of Porte Momaim
• ci==
•
\ A
1 -
:77
• ,
- -
patriot
union.
VOL. 3.
fin:o of erautl.
PENNSYLVANIA RAILROAD.
WIXTBIL TIMETABLE
Fll7 TRAINS DAILY TO & FROM PRILIDELPIIII
ON AND AFTER
MONDAY, NOVEMBER 26TH, MD,
The Passenger Trains of the Pennsylvania Railroad Com
party will depart from and arrive at Harrisburg aril
Philadelphia as follows :
EASTWARD.
THROUGH EXPRESS TRAIN leaves Harrisburg a
2.40 a. m., and arrives at West Philadelphia at 6.50 a. m
FAST LINE leaves Harrisburg at 12.55 p. m., and
arrives at West Philadelphia at 5.00 p. m.
MAIL TRAIN leaves Harrisburg at 5.15 p. m., and Si
rives at West Philadelphia at 10.20 p.
These Trains make close connection at Philadelphia
with the New York Lines.
ACCOMMODATION TRAIN, No. 1, leaves Harrisburg
at T. 30 a. m., runs via Mount Joy, and arrives at Weal
Philadelphia at 12.30 p. m.
HARRISBURG ACCOMMODATION leaves Harris
burg at 1.16 p. m., and arrives at West Philadelphia at
6.40 p. m.
ACCOMMODATION TRAIN, N 0.2, leaves: Harrisburg
at 5.25 p. m., runs via Mount Joy, connecting at Diller
vine with MAIL TRAIN East for Philadelphia.
WESTWARD.
THROUGH EXPRESS TRAIN leaves Philadelphia
10.50 p. m., and arrives at Harrisburg at 8.10 a. m.
MAIL TRAIN leaves Philadelphia at 8.00 a. m., as
arrives at Harrisburg at 1.20 p. m.
LOCAL MAIL TRAIN leaves Harrisburg for rittisbUr
at 7.00 a. m.
FAST LINE leaves Philadelphia at 12.00 noon, and ar
rives at Harrisburg at 4.10 p.
HARRISBURG ACCOMMODATION TRAIN leave.
Philadelphia at 2.00 p. m., and arrives at Harrisburg at
7.35 p. m.
ACCOMMODATION TRAIN leaves Philadelphia
4.00 p. m., and arrives at Harrisburg at 9.45 p. m.
Attention la called to the fact, that passengers leaving
Philadelphia at 4 p. m. connect at Lancaster with
MOUNT JOY ACCOMMODATION TRAIN, and arrive
Harrisburg at 9.45 p. m.
SAMUEL D. YOUNG.,
no2B-dtf Supt. Nast. Div. Puma's Rai/road.
NEW AIR LINE ROUTE
TO
NEW YORK. ~
. • , • . 4 .,f , „=.:,
1,7 14 -
• -MI '
Shortest in Distance and Quickest in Time
BETWEEN THE TWO CITIES OP
NkVir YORK AND HARRISBURG,
air. A
READING, ALLENTOWN AND EASTON
MORNING EXPRESS, West, leaves New York at II
a. m., arriving at Harrisburg at 1 p. m., only ex hours
between the two cities.
MAIL LINE leaves New York at 12.00 noon, and ar
rives at Harrisburg at 8.15 p. M.
MORNING- MAIL LINE, East, leaves Harrisburg
8.00 a. m., arriving at New York at 5.20 p. m.
AFTERNOON EXPRESS LINE, East, leaves Harris
burg at 1.15 p. m. , arriving at New York at 9.45 p. M.
Connections are made at Harrisburg at 1.00 p. m. with
the Passenger Trains in each dire etion on the Pe lvaa•
ma, uumoernana Y auey and 21 Drumm ventral. Rif
All Trains connect at Reading with Trains for Potts
ville and Philadelphia, and at Allentown for Mauch
Chunk, Easton, &c.
No change of Passenger Cars or Baggage between Now
York and Harrisburg, by the 8.00 a. m. Line from New
York or the 1.15 p. in. from Harrisburg.
For beauty of scenery and speed, eerefort and mom
modation, this Route presents superior inducements to
the traveling public.
Farebetween New York and Harrisburg, F ivn Humana
For Tickets and other information apply to
CLYDE, general Agent,
dels Harrisburg.
VIILADELPHIA
AND
READING RAILROAD
WINT RR ARRANGEMENT.
ON AND AFTER DEC. 12, 1860,
TWO PASSENGER TRAINS LEAVE HARRISBURG
DAILY, (Sundays excepted,) at 5.00 A. N., and 1.15 P.
for Pludadelphi;, arrivingthere at 1.25 P . M., and 0.16
P.l[.
RETURNING, LEAVE. PHILADELPHIA at 8.00 A.M.
and 3.30 P.M., arriving at Harrisburg at 1 P. N. and B.lb
P.M.
PARES ;—To Philadelphia, No. 1 Cars, $3.25 i No. 2,
(in same train) $2.75.
TARES :—To Readinp, $1.60 and 51.30.
At Reading, connect with trains for Pottavilo, Miners-
TRU, Tamaqua, Catawissa, Jct.
FOUR TRAINS LEAVE READING FOR PHILADEL
PHIA DAILY, at 6A. AI., 10.43 A. AL, 12.80 noon and
3.43 P. M.
LEAPS lIITLADELPITIA POE READING at 9 A.
M.,1.00 P. M., 9.30 P. M., and 5.00 P. M.
If AREB:—Reading to Philadelphia, $1.75 and $1.46.
THE MORNING TRAIN FROM HARRISBURG CON
NECTB AT READING with up train for Wilkesbarre
Pittston and Scranton.
Tor through tickets and other information apply to
J. J. CLYDE,
dab AU General Agent.
MI
PHILADELPHIA'`
ALND
READING RAILROAD.
REDUCTION OF PASSENGER FARES,
ON AND AFTER MONDAY, APRIL 2, 11660
COMMUTATION TICKETS,
With 26 Coupons, will be issued between any points
desired, good for the holder and any member of his
family, in any Passenger train, and at any time—at 26
per cent. below the regular fares.
Parties having occasion ib use the Road frequently on
badness CO pleasure, will find the above arrangement
convenient and crenomical; as Vona. Passenger train*
run daily each WY between Beading and Philadelphia,
and Two Trains tsei w between Beading t Puttavillo and
Harrisburg. Of &Mays, only one morrung train Down,
and one atelier's train Up,runs between Pottsville and
Philadelphi e Sad no Pastanger train on the bowies
Valley Erraeh Itsilroad.
For the above Tickets or any information relating
Clarets) apply to B. Brad ?ord, HR.' Treasurer'
phis, • the respective Ticket Agents on the line, or to
G. A. NIOOLL3, lieueral Bupl.
Hersh 27,1860.—mar28-dtf
NORTHERN CENTRAL RAILWAY.
1162MIPM.MPERAMO
NOTICE.
CHANGE OF SCHEDULE.
SPRING ARRANGEMENT.
ON AND AFTER FRIDAY, MARCH ler „Mil : the
Passenger Trams of the Northern Central Railway will
leave Harrisburg as follows :
GOING SOUTH.
ACCOMMODATION TRAIN will leave at, ,3110 a. Ea.
EXPRESS TRAIN will leave at . 7.40 a. in
MAIL TRAIN wilileaveat 1.00 p.m
GOING NORTH
MAIL TRAIN will leave at 1.40 p. in.
EXPRESS TRAIN will leave at - • . p. m.
The only Train leaving Harrisburg on Sunday will to
the ACCOMMODATION TRAIN South. at 3.00 a. in.
For further information apply at the office, in Penn
Sylvania Railroad Depot. JOHN W. HALL, Agent.
Harrisburg, March lstmlit•
PPLE WHISKY !--PURE JERSEY AP
ll_ PIA store and for sale la
JOHN H. ZlEGri , Ert,
feb7 73 Market street.
MIED BEEF—An extra lot of DRIED
IJ BEEP Just received by
no 9 WM. DOCK, la., It CO.
IMILING-TCIN HERRING
Ject received by "WK. rocs, Je. l dc CO
eel
HARRISBURG, PA., WEDNESDAY, MARCH 13, 1861.
Aliortliancono.
TAKE NOTICE?
That We have recently added to our already full stock
OF MAUS
LA NORMATIS,
HARI HAITI,
EL MONO,
LA BANANA.
OF PERFUMERY
FOR TR& HANDKERCHIEF:
TIIRKISII ESSENCE,
ODOR OF MUSK,
LUBIN'S ESSENCE BOUQUET,
FOR THE ITAIn
EAU LusT RA LE,
CRYSTALIZED POMATUM,
MYRTLE AND VIOLET POMATUAL
FOR THE COMPLEXION:
TALC OF VENICE,
ROSE LEAF POWDER,
NEW MOWN HAY POWDER,
BLANC DE PERLES.
OF SOAPS,
miziN , S FINEST
MOSS ROSE,
BENZOIN,
UPPER TEN,
VIOLET,
NEW MOWN HAY,
JOCKEY CLUB.
Having the largest stock and beat assorttent Of Toilet
Articles, we fancy that we are better able than our com
petitors to get up a complete Toilet Set at any price de
sired. Call and see.
Always on hand, a FRESH Stock of DR UGS JPIEDI
CINES, CHEMICALS, Arm , consequent of our re
ceiving almost daily additions thereto.
KELLER'S DRUG AND FANCY STORE,
91 Market Street, two doors East of Fourth Street,
imp!) South side.
JACKSON & CO.'S
SHOE STORE,
NO. 90% MARKET OTIEMT,
HARRISBURG, PA.,
Where they intend to devote their entire time to the
manufacture of
BOOTS AND SHOES
Of all kinds an& varieties, in the neatest and most full.
ionable style; and at satisfactory prices.
Their *A will conga% in part, of Gentlemen's Fine
Calf and Patent Leather Boots and Shoes, latest styles;
Ladies' and Misses' Gaiters, and other Shoes in great
variety; and in foot everything connected with the
Shoe business.
CUSTOMER WORE will be particularly attended to,
and in all caged will satisfaction be warranted. LASES
fitted up by one of the best makers in the country.
The long practical experience of the undersigned, and
their thorough knowledge of the business will, they
trust, be sufficient guarantee to the public that they
will do them justice, and furnish them an article tha
will recommend itself for utility, cheapness and dura•
bility. [Jane] JACKSON & CO.
JUST RECEIVED!
A IttrLL ASSORTMENT ON
HUMPHREY'S HOMEOPATHIC SPECIFICS
TO WHICH WE INVITE TEE
ATTENTION OF THE AFFLICTED!:
For aale at
SWIMMER'S BOOKSTORE,
apb No.lB Market et,
WE OFFER T 0
CUST ew,OLotM 61 ERS
LADIES' PIIRSB:S,
Of Beautiful Styles, substantially made
A Splendid Assortment of
OENTLEMEN'S WALLETS.
A New andralegant Perfume,
KNIGHTS TEMPiLARS , i,BO/417:MT,
Put up in Cut Maim Engraved Bataan.
A Complete Assortment ofj
;HAM/BEECH/EP PERFUMES,
Of the beet Manufacture.
• very Handsome Variety of
POWDER PUFF BOXES.
SELLER'S DRUG STORE,
91 Market street.,
REMOVAL.
JOHN W. GLOYBR,
MERCHANT TAILOR!,
Has removed to
60 MARKET STREET,
Where he will be pleased to see all his Monti .
ootB-dtr
CANDLES!!!
PARAFFIN CANDLES,
SPERM CANDLES,
STEARINE CANDLES,
ADAMANTINE CANDLES,
CHEMICAL SPERM CANDLES,
STAR (ertvcsroa) CANDLES,
TALLOW CANDLES.
A large invoice of the above in store, and for sale at
unusually low rates, by
WM. DOCK, 7a., & CO.,
jaril Opposite the Court House
GUN AND BLASTING POWDER.
JAMES M. WHEELER,
rtaitnxenuTta, P
AGENT FOR ALL
POWDER AND FUSE
DIANIIIPABTURED BY
I. E. DUPONT bE NEMOURS & 00.,
WILMINGTON, DELAWARE.
[Er A large supply always on hand. For sal eat manu
facturer's prices. Magazine two miles below town.
ii:7 - Orders received at Warehouse. ner!
SCOTCH WHISKY.—One Puncheon
or rut in SCOTCH WHISKY Just received and for
sale by JOHN H. ZINGLER 1
jan2 73 Market street.
EMPTY BOTTLES ! ! !—Of all sizes
and descriptions, for sale low by
decd WM. MOM Ja., & Co.
HATCH & CO., •
SHIP AGENTS
AND
COMMISSION MERCHANTS,
Ibs WALNUT STRUM, PHILADELPHIA.
DEALERS IN
FLOUR, GRAIN, PRODUCE, COTTON,
WINES AND LIQUORS, '
TOBACCO AND CIGARS.
note-dam
DYOTTVILLE GLASS WORKS,
PHILADELPHIA,
MAIMPAOTURII
CARBOYS, DEMIJOHNS,
WINE, PORTER, MINERAL WATER, PICKLE AND
PRESERVE BOTTLES
Or sitkY 1519011IPTION.
U. B. & 4. W. BENNERS,
oel9-dly 27 South Front eteret, Philadelphia.
A COST!!!
BOTTLED WINES, BRANDIES,
AND
LIQUORS OFRVERY DESCRIPTION:
Together with a complete assortment, (wholesale and
retaild embracing everything in the line, will be sold at
iofst, without reserve.
janl WM. DOCK, 75., & CO.
HAVANA CTGARB.—A Fine Assort
ment, comprising Figaro, Zaiagosous, La Wm),
Bird, Firerlfly, Mtelvina, La Beriuto, Capitolio of all
sizes and qualities, in quarter, one-filth and one-tenth
beim, just resolved, and for sale low by
JOHN IL WEIMER,
jan3l. 73 Market Street.
KELLER'S DU STQAE is the Owe
—to buy Domestic Medicines
E4e ``,Vatriot & 'Olnion.
WEDNESDAY MORNING, MARCH 13, 1861.
THE NATIONAL CRISIS.
'WHAT IS TREASON,TINDER THE CONSTITUTION
OF TLIE UNITED STATES?
From the Journal of Commerce.
The definition of it in that instrument reads
thus: "Treason against the United States shall
consist only in levying war against them, or in
adhering to their enemies, giving them aid and
comfort!' No instrument, public or private,
ever had more pains bestowed upon the preci
sion of its language than had this Constitution;
none had more human wisdom, ability and
sense devoted to perfecting its language. The
superiority of the men whose work it is be
comes plain now, when we are seeking to add
amendments on one point. We cannot express
our meaning in the simple, clear and concise
style of the original. Its makers intended it
should say exactly what it meant; no more, no
less ; so plainly that not only lawyers and
courts, but all who would, might read and un
derstand it. Not a word was put in but with a
purpose; not a word - was left out but for a
purpose.
First. There is the little word "only ;" the
definition - would have been complete without it;
but the word "only" is added to show more
emphatically the intent of the clause, to 'wit,
to confine the meaning of the word treason
strictly to the limits of this definition ; to limit
it to the strictest sense of the words used. The
object was, to get rid of all the vague.notions
and many specifications of the crime of treason
theretofore prevalent in England, so vague that
it lay within the breast of the Judge to deter
mine arbitrarily whether an act was treason or
not. This uncertainty had always been used
by the Judges, by the King, and by Parliament,
as a means of tyranny over individual life and
liberty. The Constitution meant to leave no
latitude to Judges nor to Congress in relation
to this crime. Words spoken and words writ
ten had been construed into treason; attending
certain Mem Wages, counterfeiting coin, break
ing prison, believing the King to be lawfully
married to a certain woman, and divers 'other
things, had, at different periods, been either
declare:l by law or construed by judges to be
treason. Our Constitution confined it down to
two specifications; one, the plain, unmistakable
act of levying war; the other the giving aid
and eomfort to enemies, And there can scarce
be a doubt that if there should be statutes of
Congress providing for punishing other doings
which were of old regarded as treasonable,
under the pretence of calling them by some
other name t as, for instance, misprision of trea
son, such statutes ought to be regarded as eva
sion,s of the spirit and intent of this clause.—
The plain intent was, that nothing should be
considered to be treason, or as partaking in any
degree of the nature of treason, save the act of
levying war, or the act of giving aid and com
fort to enemies.
Second. The words are, " Treason against.
the United States ;" not treason against the
Government as standing la +l%e:
-a-ing, not treason aainst the Federal Govern
ment as a distinct anci — sepurate power—as
something apart from its component elements,—
but treason against the collection of States
which are united in this Union. The noun
substantive which, as the clam' boys say, is
governed by the proposition "against," is
"States." It will not do to say that the phrase
"the United States" is a technical term, used
in a peculiar sense, and meaning in fact the
same thing as the phrase "the Government of
the United States ;" because, first, the phrase
" the Government of the United States" is used
more than once elsewhere in the Constitution ;
and in an intrument so carefully drawn, these
two different phrases would not have been
used to express the same idea; and secondly,
the phrase " the United States" had already an
established meaning, being the same phrase
precisely as had been used in the Old Confede
ration. The States did not, by adopting the
Constitution, give up their individuality and
integrity ; they simply agreed to a new distri
bution of the administrative powers of Govern
ment. The States by no means resolved them
selves into counties,—Mr. Lincoln to the con
trary notwithstanding. Again, the words run;
—" levying war against them, or in adhering
to their enemies." If it had been meant to define
treason as a crime against the Government,
viewing the Government as something separate
from and outside of the States which compose
the Union, the words would have been "levying
war against it." The general government has
no such separate and distinct existence; it
does not stand in the place of the Ring, nor the
people of the States in the relation of its sub
jects. That the phrase "the United States" is
not used as a noun in the singular number, to
designate the government as some single, distinct
thing, above and apart from the States, but is
to be taken in its plain sense, in the plural
number, and in a plural sense, meaning the
States themselves which are united in this Union,
is made plain by referring to the intances in
the Constitution where the same phrase " the
United States" occurs in contrast with another
phrase; as, for instance, the clause forbidding
the President to receive " any other emolument
from the United States, or any of them;" in
article 4th, "any claims of the United States
or of any particular State ;" in article 6th,
" both of the United States end of the several
States;" in the amendments, article 11th "the
judicial power of the United States shall not be
construed to extend to any suit in law or equity
against one of the United States."
The crime consists of "levying war against
the United States" and the phrase "the United
States" means exactly what it says. And as
one of the chief objects of Union was the com
mon defence, and the Union was in fact an
engagement for mutual defence, levying war
against one or more of the States is levying
war against all. 'gym in a Union of States
less intimate than is ours, to wit, in an ordi
nary alliance, offensive and defensive, war
upon one of the allied States is war upon all.
Foreign war upon one of our States would be
war upon all. Domestic war upon one State
is war upon all, The invasion of Virginia by
John Brown was treason against the United
States. The seizure of the arms belonging to
Georgia by Governor Morgan's police, which
was clearly an act of war and is not pretended
to be justified save as an act of war, is treason
under this clause. Levying war against seven
States is treason just as much as levying war
against twenty-seven States ; so that if the
seceded States and the adhering States come
to a conflict of arms, there is at least as much
treason on one side as en the other, with the
difference against the adhering States tha.t tbey
profssa to be still bound by the Constitution,
while the seceded State do not. Neither the
President of the United States nor any officer
or soldier under him, can make war upon the
United States, upon any of them, without com
mitting treason. The people of a State while
acting under their State gevernment are the
State ; an_ d
war may not be made upon them.
The Constitution provide that the United States
shall protect each State against invasion ;
Would it not In monstrous that the same power
which is bound to protect a State against inva
sion, should claim the right to subject it to
invasion? The mere presence of United States
forces in a State against the will of the 4te,
is en act of hostility, and is war and treason.
The force bill of the late Congress was a bill
to give the President the means of committing
treason on a grand scale. We cannot lawfully
make war upon a State until we first admit her
to be not one of the United States. The reader
by consulting Motley's History of the Nether
lands, volume 2d, page 337, will find an in
stance where the attempt to levy domestic war
upon a city which was a member of the Dutch
United States, was regarded not as merely a
crime against the province of Holland to which
the city belonged, but as high treason against
the United States. The lesion or injury to the
majesty of one was injury to the majesty of all.
That each State in our Union retained in itself
that dignity, sovereignty, or majesty, which
makes levying war against it amount to the
crime of leze-majesty or treason, and that the
general government does not stand in the place
of "our sovereign lord the King" against whom
alone treason could be continued, is proved by
another clause of the Constitution, where trea
son is recognized as a crime to be defined and
punished by each State : "A person charged
in any State with treason, felony or other crime
who shall flee from justice and be found in
another State, shall be delivered up to be re
stored to the State having jurisdiction of the
crime." Treason, under our Constitution, con
sists of an offence against the majesty of the
States, joint or several; and not against the
majesty of the general government as something
separate and apart; for the general govern
ment has no inherent majesty or sovereignty
of its own, and never had any ; it is simply a
common agency to which has been delegated
the exercise of certain powers for the common
convenience.
Whenever the general government shall get
to stand in the place of "our sovereign lord
the King" as the only power to which we owe
allegiance, and the only power against which
we can commit treason,—the States, being
reduced, as Mr. Lincoln proposes, to counties,
—we shall be ready for a real King, a good
strong, dictatorial, military King; and when a
people are ready for a King, they generally get
one. The danger of a people who value free
and constitutional government, allowing sol
diers to meddle with their political disputes, is
well illustrated by a case which oceurred in
the recent re-organization of the militia of the
District of Columbia, the particulars of which
appeared, authentically, from the injured
officer, in the Washington papers. An officer
of the District militia, a native of Maryland,
was suspected and called up by his commanding
General, not to take an oath of allegiance, but
to answer inquisitorial questions. He volun
tarily pledged himself to "defend the District
of Columbia against all comers, from what
soever quarter." Not content with this, his
military superiors asked him to pledge himself
to "make war on Maryland." On refusing to
make this promise his commission was taken
from him. Such a
,promise, being entirely out
side of his duty, (which was simply to defend
the District,) it was clearly unlawful to ask ;
if it was lawful to ask this, it was equally
lawful to ask any other extraordinary promise,
General in
turning Congress out o. ..00r ,
style. It is in this way, by pledging officers
privately to some purposes outside of their
duty, by pledging them to fidelity to their
chief and not to the law, that free governments
have always been overturned by the military
power. The doctrine that domestic war against
any State is treason against the United States,
accords with the extracts your paper has
already published from the debates of those
who framed the Constitution, by which it
appears that even Alexander Hamilton, the
head of the strong government party, and the
founder of the party which has always claimed
the largest constructive power for the general
government, denied in common with his oppo
nents, that, under our Constitution, force could
be used against a State. Mr. Hamilton, were
he living now, would, to judge from his quoted
words, see more of a treasonable look in the
asking from a military officer a promise to
"make war on Maryland," more of a treason
able tendency in the suggestion of General
Wool for 200,000 volunteers to march agaist
the Southern States, and more clear treason in
such a thing as would be the marching of the
militia of Massachusetts into New Jersey or
through New Jersey, against the will of New
Jersey, than he would see in General Twiggs
refusing to retain a position in which he might
be ordered to make war on one or more of the
"United States." When the federal forces or
the militia of Massachusetts shall be marched
into the State of New York, no matter under
whose orders, against the will of New York
and against New York's resistance, the State
of New York will not be merely humiliated;
the State of New York will be destroyed. The
military force, among a people who 'would
preserve their freedom, must be kept in a
position inferior to the civil authorities; and
if, in any State, the civil authority of the
general Government has disappeared, the mill.
tary forces of the general Government there,
if they would be loyal and not treasonable,
must bow before the only civil authority in
whose presence they find themselves, the State
authorities. Otherwise they become a lawless
armed mob. The civil and criminal process of
New York runs into Governor's Island. If the
Commandant or any of his' garrison refuse to
obey process, may we not lawfully raise a posse
to enforce it?
Third. There is a lavish use now-a•days, of
the word treason as applied to design, plans,
intentions, plots and preparations. Treason
is confined to actually levying war, Levying
means, by its derivation, actual lifting or rai
sing. Moreover, this phrase was not a new
phrase, it had an established meaning. It was
taken from the English law, in which " levying
war against the King" is one of its many spe
cifications of treason, of which many species
we retained this and one other. Blackstone
tells us " a bare conspiracy to levy war, does
not amount to this species of treason."
Fourth. In adhering to their enemies,
giving them aid and comfort." This is the
second of the two species of treason which we
have retained, and means, as Judge Smalley
justly tells us, we must not furnish the enemies
of the United States with provisions, arms,
munitions of war, and the like. But how does
Judge Smalley make out that Georgia and South
Carolina, if still of the United States, can be
enemies of the United States ? They cannot,
in the nature of things, be on both sides at
once ; be, at the same moment, among the
United State!, and among the enemies of the
United States. This phrase, also, was no new
one, but had a settled meaning under the En
glish statute from Which it is taken. Black
atone says: "by enemies are here understood
the subjects of foreign powers with whom we
are at open war." If Judge Smalley undertook
to recognize Georgia and South Carolina as
foreign powers, the doctrines of his charge
still lacked foundatien, for no competent power
had declared us at open war with them. The
two most dangerous classes in times like these,
are loosely-construing Judges, end soldiers,
who know no law but force. Judges who san
forget so old and undisputed a rule as that
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NO. 163.
penal laws are to be construed strictly against
the government and in favor of individual
freedom of action, are especially dangerous in
disturbed times, when the temptations of the
government are always in the direction of
usurping power. It is true it has been held in
England that although a man cannot be On
victed of treason under this specification of
" adhering and giving aid and comfort to an
enemy" when the aid is given to a rebel at
home, because a rebel is not an enemy, yet he
can be convicted of treason for giving such aid
to a rebel at home, under the other head of
"or levying war." But this is evidently one
of these devices to get around the limitations
of the words of the statute in which the En
glish law of treason abounded, and of which
it was the very purpose of our Constitution to
get rid ; and the device, in this instance,
amounts to a plain quibble. For, if merely
giving aid and comfort to a rebel at home
amounts to "levying war," there cannot be
shown any reason why giving aid and comfort
to a foreign enemy should not also amount to
" levying war ;" and the specification of "ad
hering to enemies and giving them aid and
comfort," as a separate form of treason, be
comes unnecessary and useless. It is absurd
to have two distinct specifications of treason,
when one is included in the other. What dis
tinction can be more absurd and unfounded,
than to say that, giving aid and comfort to a
'body of armed rebels is levying war, while if
that same body of armed men were foreign
invaders, to give them aid and comfort would
be not levying war ? If there is any difference,
the latter would seem to be the clearer act of
war. Moreover, the English statute reads :
" levy war against our lord the King in his
realm." And it was a point decided in England,
that, under this statute, to relieve a rebel fled
out of the kingdom, is no treason. The aid and
comfort must be given to a rebel while in the
realm, to bring it, even with the quibble, under
this specification. Now, the United States go
vernment has no realm, unless it be the little
three-cornered patch of ground which is used
to accommodate the business offices of our
General Agency, and perhaps the territories.
It certainly has no realm within any State,
for
even into the little places ceded and granted to
it for special purposes within the States, as
forts and Custom Houses, the law process of
the State runs. The En g lish would hardly
consider England to be their King's realm if
the law process of any other government ran
into it. Here are specimens of the condition
under which New York cedes to the United
Stales, jurisdiction or title to places within the
State limits, "provided that such cession shall
not be deemed to extend to prevent the execu
tion of any process, civil or criminal, under
the authority of this State," and again " pro
vided that such act of cession shall not at any
time hereafter be construed or deemed to abridge
or restrain the rights of this State to execute
the civil and criminal process of its Courts,
both of law and equity, at all times, within the
lands and fortifications so ceded, in as full
sovereignty as of right it now may do."
No rule of law is more unquestioned than
that all enactments of a penal nature shall be
construed strictly—confined to the strictest
sense of the words used. Read the constitu
tional definition of treason, subject to this
rule, and it is clear that treaeou is limited to
States which are in thie l mon, and to gtving
aid and comfort to the enemies of the United
States, among whom, of course, the United
States themselves, any of them, cannot be.
.Fiya. The Constitution of the United stetee
plainly recognizes such a thing as allegiance to
one's own State, distinct from allegiance to the
United States; for it expressly recognizes, as
we have shown, the right of each State to de
fine and punish treason against itself. Nor
does the Constitution anywhere declare alle
giance to the United States to be superior to
one's allegiance to his own State, On the con
trary, if any inference is to be drawn from the
Constitution on this point, it must be this: that
the makers of the Constitution regarded, and
the Constitution itself regards allegiance to
one's own State as the closer duty, and disloy
alty to one's own State as something worse
than disloyalty to the United States. Because
it is so left, that a much less degree of disloy
alty to your own State, may amount: to treason..
A much closer fidelity to your own State may,
by law, be required of you to save you from the
charge of treason against it, than the United
States can, under the Constitution, require.—
" Treason against the United States shall con
sist only in levying war against them, or in ad
hering to their enemies, giving them aid and
comfort ;" but each State is left at liberty to
define treason against itself for itself, and
therefore your State may require of you a much
closer degree of fidelity to her than is evinced
by your merely abstaining from these two acts,
and may condemn you as a traitor for much
lesser acts of disloyalty. When one's 01171,
State and the General Government are opposed
to each other, there can be no treason against
the United States in adhering to your own State,
under the State authorities, and defending her
from invasion or war in any shape and from
any quarter; that is not levying war against
the United States, or against any of them. It
is certainly not levying against your own
State. It would be levying war against year
own State not to adhere to her, but to resist
her authority; nor is the defence of your own
State against force from any quarter levying
war against the other States. Levying war,
and resisting war made by others upon you,
are two very different things. But for some Of
the States, whether through their agent the
General Government, or of themselves, to make
an aggressive war for any purpose against
other of the States, is levying war against the
United States ; against the States which are
united hi this Union, and is treason.
The President of the United States cannot,
nor can any one under his orders, nor can any
one who is bound by the Constitution of the
United States, levy war against the United
States, against any of them, without Committing
treason; the Union being regarded as still un
broken. If the Union is dissolved, and certain
States have become foreign powers, then only
Congress, and not the President, can declare
war against them. On the question, which
must give way, the allegiance due to your own
State or the allegiance due to the United States,
when they are in conflict, we, in the North, in
the excitement of the day, may hastily adopt a
very rash and erroneous judgement. Let us
suppose that Virginia and all the fifteen slave
States had seceded, and that the nineteen free
States, who, having the majority in both
Houses of Congress, would thereby retain the
succession of the Government, made war upon
the fifteen slave States to retain them under
the Government. Suppose there were two
officers in the army, both natives of Virginia,
and one of them were to retain his position un
der the Government and fight against Virginin,
while the other refused to do so and went ever
among the defenders of Virginia. Which of
the two would history be likely to pronounce
the traitor? Which of two native Americans,
who in 1776 may have happened to hold com
missions in the British army, would history
now be most likely to calla traitor; one who
continued to hold his commission and fought in
the Britise ranks here against his own country
men, or one who went over to his own country".