DEATH OF JUDGE INGERSOLL. 517 Drawing all schedules to be annexed to reports, for every folio, ten cents. Copies of reports and schedules, to be filed, for every folio, ten cents. Copies of reports and schedules and all other proceedings, furnished by him to the parties, upon request, for every folio, six cents. Marking every exhibit produced before him on a reference, with the title of the cause, and signing the same, six cents. May 28th, 1859. S. NELSON. III. THE DEATH OF JUDGE INGERSOLL. The following proceedings took place at a meeting of Members of the Bar, held in the city of New York, on the 9th of February, 1860, on the occasion of the death of the Honorable CHARLES A. INGERSOLL, District Judge of the United States for the District of Connecticut. The Honorable Samuel R. Betts, Dis trict Judge of the United States for the Southern District of New York, presided at the meeting. The Honorable Josiah Sutherland, a presiding Justice of the Supreme Court of the State of New York, the Honorable Joseph S. Bosworth, Chief Justice of the Superior Court of the City of New York, and the Honorable Charles P. Daly, First Judge of the Court of Common Pleas for the city and county of New York, were Vice-Presidents of the meeting. Kenneth G. White, Esquire, Clerk of the Circuit Court of the United States for the Southern District of New York, and Robert D. Benedict, Esquire, were Secretaries of the meeting. On motion of the Honorable Truman Smith, seconded by Daniel Lord, Esquire, the following resolutions were unanimously adopted, after the meeting had been addressed by the Honorable Truman Smith, Daniel Lord, Esquire, James T. Brady, Esquire, and the Honorable John McKeon: Resolved, That the Bar has received, with deep concern, information of the removal, by death, of the Honorable CHARLES A. INGERSOLL, Judge of the United States for the District of Connecticut, and, for several years past, and during his last judicial service, sitting as Judge in the Courts of the United States for this District, whereby not only the legal profession of the two States, but the public generally, have sustained an irreparable loss. Resolved, That we entertain a high sense of the uniform courtesy, firmness, industry, intelligence, great learning, and strict impartiality and rectitude with which he discharged his official duties, and that his example may well be propounded for the imitation of the youthful members of the legal profession, and especially of all such as aspire to a high place in the confidence and affection of their fellow-men. Resolved, That our sense of the disinterestedness of the deceased Judge, and of his devotion to his public duties, is greatly enhanced by the circumstance that his exercise of judicial functions, in this city, was uncompensated, except that he earned in our midst a name and character of more value than riches. Resolved, That we proffer to the family and friends of the deceased, on this occasion, our heartfelt sympathies for the loss they have sustained. But we trust that they will, after referring this painful event to the dispensation of a wise Providence, find many consolations in the high name and spotless character which their departed relative left behind him. Resolved, That a copy of the proceedings of this meeting, signed by its officers, be transmitted to the widow of the deceased, and that the same be furnished for insertion in the newspapers, both of this city and of the city of New Haven. On motion of the Honorable Gilbert Dean, it was ordered, that copies of the proceedings of the meeting be transmitted to the District Court of the United States for the District of Connecticut, and to the Circuit and District Courts of the United States for the Southern District of New York, with requests that they be entered on the minutes of those Courts. The meeting was then adjourned. IV. [The following charge was delivered to the Grand Jury, in the Circuit Court of the United States for the Southern District of New York, January 14th, 1861, by Judge SMALLEY.] THE LAW OF TREASON. The provision of the Constitution of the United States in regard to treason, explained. A mere conspiracy to subvert by force the Government, is not treason. The combination of a body of men, with the design of seizing, and the actual seizing, of the forts and other public property of the United States, is a levying of war against the United States, and is treason. All persons engaged therein are by the law regarded as levying war against the United States; and all who adhere to them are to be regarded as enemies; and all who give them, in any part of the United States, aid and comfort, come within the provisions of the Act of April 30th, 1790, and are guilty of treason. What amounts to adhering to the enemies of the United States and giving them aid and comfort, explained. The extent of the jurisdiction of this Court in regard to the offences of treason and misprision of treason, defined. GENTLEMEN OF THE GRAND JURY-The Court has requested your attendance this morning, in order to call your attention to, and give you some instructions in relation to, crimes which have long been unknown in our hitherto peaceful and happy country, which for more than fifty years the Federal Courts have not been called upon to investigate, and which are, therefore, very imperfectly understood in the community. Yet one of them is the highest crime known to the laws in any civilized country. It is that of high treason. Recent painful events make it the duty of the Court to define to you what constitutes the offence, and also what constitutes the lesser crime of misprision of treason, that you may inquire whether either has been committed by any person or persons within the jurisdiction of this Court, and, if you are satisfied that either has, that they may be presented to the Court, to be dealt with according to law, and, also, that those who desire to be good and true citizens may be forewarned, and not igncrantly and unwittingly be led into the commission of any acts in violation of the laws of their country, and which would make them guilty of either of these offences. It is unnecessary at this time to enter into an elaborate disquisition on the law of treason. The Constitution of the United States clearly defines in what it consists. The third section of the third article provides, that "treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." Again, the same section provides that "the Congress shall have power to declare the punishment of treason." In pursuance of the power thus conferred, Congress passed an Act, which was approved April 30th, 1790, (1 U. S. Stat. at Large, 112,) which provides, in section one, "that if any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort, within the United States or elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death." Section two provides, "that if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not, as soon as may be, disclose and make known the same to the President of the United States, or some one of the Judges thereof, or to the President or Governor of a particular State, or some one of the Judges or Justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars." It is well known that war-civil war-exists in portions of the Union; and that persons owing allegiance to the United States have confederated together, and with arms, by force and intimidation, have prevented the execution of the constitutional acts of Congress, have forcibly seized upon and hold a customhouse and post-office, forts, arsenals, vessels, and other property belonging to the United States, and have actually fired upon vessels bearing the United States flag and carrying United States troops. This is a usurpation of the authority of the Federal Government. It is high treason, by levying war. Either one of those acts will constitute high treason. There can be no doubt of it. The fact that any or all engaged in the commission of these outrageous acts under the pretended authority of the Legislature, or a convention of the people, of any State, or of the officers appointed thereby, or acting thereunder, does not change or affect the criminal character of the act. No man or body of men can throw off their allegiance to their Government in that way. Nor can any State, or the people of any State, acting in any capacity whatever, absolve any person there from. Neither South Carolina nor any other State can authorize or legally protect citizens of the other States in waging war against their Government, any more than can the Queen of Great Britain or the Emperor of France. If any such power is assumed it is without right, and the deluded individual who acts under it is none the less guilty of treason, and liable to be punished therefor. That the slaveholding States have just cause of complaint against some of their sister States, is lamentably too true; and that the Legislatures of several States have passed Acts which are in direct conflict with one of the plainest provisions of the Constitution of the United States, which Acts were intended to deprive the slaveholding States of rights expressly guaranteed to, and important to them, is well known. This is deeply to be regretted; and it is hoped and believed that the sober second thought of the people of those States will induce them to do justice to themselves, as well as to their Southern brethren, and evince their loyalty to the Constitution and the Union by speedily wiping all such Acts from their statute books. But the fact that some of the States have passed unconstitutional Acts, can afford no justification for rebellion and civil war, or a breaking up of the Federal Union, which was formed by the patriotism and wisdom, conciliation and compromise of our fathers, and in which our prosperity as a people has been unparalleled in the history of nations. Such legislative Acts, however, are not laws. Being in violation of the Constitution of the United States, they are mere nullities, and all who attempt to enforce them are themselves violators of the laws, and can be, and in some instances have been, punished as such. What overt acts, then, constitute treason? A mere conspiracy to subvert by force the Government, however flagitious the crime may be, is not treason. To conspire to levy war, and actually to levy war, are distinct offences. If a body of people conspire and meditate an insurrection, to resist or oppose the laws of the United States by force, they are only guilty of a high misdemeanor; but, if they proceed to carry such intention into execution by force, they are guilty of treason by levying war. In the language of Chief Justice Marshall, in Ex parte Bollman, (4 Cranch, 75, 126): "It is not the intention of the Court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." As the Court has already said to you, the combination and assemblage of a body of men, with the design of seizing, and the actual seizing, of the forts and other public property in and near Charleston, South Carolina, and some other States, is a levying of war against the United States. Consequently, any and every person who engages therein is by the law regarded as levying war against the United States; and all who adhere to them are to be regarded as enemies; and all who give them aid and comfort, in South Carolina or New York, or in any other portion of the United States, or elsewhere, come within the express provisions of the first section of the Act of April 30th, 1790, and are guilty of treason. What amounts to adhering to, and giving aid and comfort to our enemies, it is somewhat difficult in all cases to define; but certain it is, that furnishing them with arms or munitions of war, vessels or other means of transportation, or any materials which will aid the traitors in carrying out their traitorous purposes, with a knowledge that they are intended for such purposes, or inciting and encouraging others to engage in or aid the traitors in any way, does come within the provisions of the Act. And it is immaterial whether such acts are induced by sympathy with the rebellion, hostility to the Government, or a desire for gain. Under the second section of the Act of 1790, all who have any knowledge of any such acts of treason, and do not as soon as possible make it known, in the manner therein prescribed, are guilty of misprision of treason, and subject to the punishment therefor. Your inquiries must be confined to offences committed within the jurisdiction of this Court, that is, within the Southern District of New York, and upon the high seas. Although there may be a question whether the jurisdiction of the Court, in such cases, is not more extended, you will for the present confine your investigations to the limits prescribed. Within this limit it is your right and your duty to inquire whether any person or persons have been, according to the principles of law laid down by the Court, guilty of treason or misprision of treason, and, if you are satisfied that either of these offences has been committed, to faithfully and fearlessly present the offenders, that they may be punished. It is the duty, and it will unquestionably be the desire, of all good and true citizens, to do, in their respective spheres, everything in their power to suppress rebellion, expose treason, and bring traitors to justice. V. Rules of the Circuit Court of the United States for the Southern District of New York. [The following Rules, numbered from 1 to 136, both inclusive, were adopted on the 28th of April, 1838, and went into effect on the first Monday of August, 1838. The other rules were adopted at the dates affixed to them respectively.] COMMON LAW RULES. Rule 1. Suits relating to the title or possession of land (including all real actions), are to be the same in form, in this Court, and to be conducted by like processes, as are now used in the Supreme Court of the State of New York. Rule 2. Other actions at law shall be commenced by capias ad respondendum, or summons, in which shall be expressed the true cause of action; except that bills of privilege may be filed, according to the usual course of the Court, at the election of the plaintiff. |