Monday, September 20, 2010

A Remarkable Decision

CINCINNATI, May 7. – The United States Circuit Court, April Term, 1861. – The Grand Jury found indictments of treason against J. W. Chenowth for furnishing supplies and munitions of war to the rebels.

At the present term ex-Senator Pugh, Counsel for the Defendant moved to quash the indictment on the ground that the first clause, section 3d article of the Constitution, which provides that treason shall only consist in levying war refers to rebellion, while the second clause on adhering to the enemies in giving aid and comfort, relates to only public war with a foreign enemy.

Justice Swayne gave his decision yesterday sustaining the motion by quashing the indictment.

To-morrow’s Enquirer contains the decision at length.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 10, 1862, p. 3

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