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Potter v. Muller.

against the theory, and would lead to the utter destruction and overthrow of our institutions, if it were recognized and sanctioned. True liberty consists, undoubtedly, in obedience to the law; and there is no way by which the rights of individuals or the peace and good order of the community can be maintained, except by due respect to the authority of the law and the government of the country.

This party must know that he can not, and ought not, by any subterfuge, evade the liabilities which he has incurred under the orders and decisions of this court. It is not because the defendant owes any peculiar respect or reverence to the individual who occupies this place, but because he owes respect, reverence, and obedience to the authorities of the country and the laws of the land.

The defendant is adjudged to pay a fine of four hundred dollars and the costs of this proceeding, and to stand committed until the fines and costs are paid, or the court sball otherwise order.


Proceedings of the United States Circuit Court within the Southern

District of Ohio, and of the Bar of Hamilton County, Ohio, on the Announcement of the Death of Hon. John McLean, Associate Justice of the Supreme Court of the United States.


It having been announced, that MR. JUSTICE MCLEAN, the presiding judge of this court, departed this fife, this morning, at his residence near Cincinnati, it is therefore ordered that business he suspended, and the court do stand adjourned until 93 o'clock to-morrow morning.


STANLEY MATTHEWS, Esq., presented the following proceedings and moved the court that they be entered on its journal:

At a meeting of the members of the Hamilton County Bar, held in the United States Circuit and District Court room in Cincinnati, on Friday, April 5, 1861, on the occasion of the death of JUDGE MCLEAN, JUDGE H. H. LEAVITT was called to the Chair, and WILLIAM M. DICKSON chosen Secretary. Whereupon, on motion, MESSRS. J. L. MINER, JUDGE BELLAMY STORER, M. H. TILDEN, HENRY STANBERY, WILLIAM JOHNSON, D. K. ESTE, C. D. Coffin, and GEORGE E. Pugu were appointed a committee on resolutions, who, after retiring, came in and reported the following, which were unanimously adopted :

“It has pleased God to terminate the mortal life of our friend and neighbor, John MCLEAN, late an Associate Justice of the Supreme Court of the United States. He died at his late residence in Clifton, near this city, yesterday morning, full of years and of honors-a man without reproach-a distinguished statesman-a patriot, untouched by degeneracy--a learned, laborious, patient, and upright judge--a benevolent and public spirited citizen--in all the relations of husband, father, friend, and neighbor, affectionate and faithful, a model christian gentleman. We sincerely mourn his loss, and deeply sympathize with the family and relatives in this affliction, and as a mark of respect for his virtues, his talents, his attainments, his exemplary life and character, we will attend his funeral in a body.

Resolved, That a copy of these proceedings be presented by the District Attorney of the United States for this district to the Circuit and District Courts for entry on their minutes.

“That copies be presented by the chairman of this committee to the several courts of this county and city for entry on their minutes.

" That the chairman of this meeting communicate a copy to the family of the deceased.

" That the secretary furnish copies to the several newspapers of the city for publication.”

Thereupon, JUDGE LEAVITT made the following remarks:

"I have great pleasure in making known my cordial concurrence with the bar of this city in the well-deserved tribute of respect to the memory of JUDGE McLean embodied in the proceedings now presented. The terms of eulogy in which they have expressed their estimate of his high moral qualities and distinguished public services as a statesman and a judge are not

a exaggerated ; and it is fitting that his "great example and his name" should be honored by those who sarvive him. His life is deplored as a national loss; all feel that a great and good man is dead. To the members of the bar of this court, in which for more than thirty years he has presided with so much ability, and so greatly to the acceptance of the public, his loss must be felt with peculiar sensibility. It has made a breach which can not be easily repaired. I sympathize deeply in the feelings of the bar, on the occasion of this afflictive dispensation of Providence. It is now nearly twenty-seven years since I became associated with JUDGE MCLEAN on the bench of this court. His death has sundered a relation not only long continued, but which was throughout of the most friendly character. As his friend and surviving member of this court, it is not strange that my heart should be sorely pressed with a sense of bereavement and desolateness; and I am glad of the opportunity of placing upon the records of this court a testimonial of my exalted estimate of his vigorous intellect, his well-balanced judgment, his great judicial learning and acquirements, and the uniform courtesy and integrity which marked his long career as a judge.

“ The court orders the proceedings to be entered on its journal."

Charge of Judge Leavitt to the Grand Jury, on the Subject of

Treason, at the October Term, 1861, of the United States Circuit Court.

GENTLEMEN OF THE GRAND JURY: You have been summoned and sworn as a grand jury of the United States for the Southern District of Ohio; and, according to the tenor of the oath you. have just taken, it will be your duty to inquire into all crimes against the laws of the United States committed within the district; and, upon sufficient evidence, to return bills of indictment against the persons accused. It is not necessary, on this occasion, that I should refer specially to all the crimes and offenses defined and punished by the various acts of Congress, and which are properly within your cognizance as a grand jury. I shall therefore notice such only as you will in all probability be called upon to investigate in the proper discharge of your duties. Among these, I am informed, there will be some involv. ing the charge of treason against the United States.

The constitution declares 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," and that “no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” The act of Congress of April 30, 1790, adopts the words of the constitution in defining the crime, and declares that on conviction in accordance therewith the punishment shall be death. Neither the constitution nor the act of

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