whatever may be his position or place in the community, is required to stand up fearlessly in defense of the government. It can not be disguised or concealed that our once happy and united country is encompassed by perils that must excite the deep solicitude of every patriotic heart. We are called upon to confront and put down a rebellion of formidable aspect and dimensions, and which for the unmitigated atrocity of its designs, and the madness and infatuation of those who began, and are now engaged in it, has no parallel in history. Its object is no less than the total subversion of a government devised and founded by the far-reaching wisdom of our fathers, in every part of the structure of which they have legibly inscribed their deep devotion to the great principles of constitutional liberty, and evinced a philanthropy co-extensive with the whole human

And rightly administered, the constitution they have given us is suited to promote, beyond any ever devised by mere human intelligence, the happiness and prosperity of those who live under its benign sway. It is truly gratifying to know that among the citizens of the loyal States, as also in the minds of many of those now in rebellion, there is a prevalent conviction that the preservation of a government founded in such a spirit and for such exalted purposes is worth every conceivable sacrifice. And there is the most unmistakable indications of an unalterable determination to perpetuate it, in its integrity and purity, at every hazard. With this wide-spread and elevated patriotic feeling, and steadfast devotion to the Union, we are hopeful for the future of our country. We may meet with reverses, and be called upon to endure many fiery trials, but we can not doubt that these will be met with heroic firmness and a unity of purpose altogether invincible. There is nothing extravagant in the belief that, though dark clouds now hang upon our horizon, we may look forward to a time when the present rebellion shall be effectually suppressed, and the government ordained and established by our patriotic fathers shall come out of the conflict, not only uninjured, but strengthened and purified by the trial to which it has been subjected, and with an increased capacity for extending and multiplying the blessing it has already so largely conferred. But the occasion is not suitable for an extended discussion of our national affairs. I have adverted thus briefly to the subject for the sole purpose of reminding you of the solemn responsibility resting on you as grand

jurors, in the present crisis of the country, and of exhorting you to a careful inquiry into any charges which may be brought to your notice, involving the crime of treason or any of the kindred offenses to which I have referred. I shall not detain you with a reference to the specific accusations which you may be required to investigate. While in the discharge of your duties you will be impressed with the necessity of due vigilance; it will be equally obvious to you that you should act with a proper measure of caution and deliberation. Treason is justly considered the highest crime against society. Having for its object an assault by violence on the government, and thus to effect its overthrow, it may imperil the happiness and lives of millions. The crime is, therefore, odious in the view of those who are thus liable to suffer as the result of its perpetration. The mere suspicion of guilt often brings down upon its object a strong feeling of public indignation, attended perhaps with the most serious consequences to the suspected person.

Such results are not uncommon when there is a high state of excitement in a community. Facts may be misrepresented, or so distorted, as to induce this suspicion without any real cause; or a vindictive personal enemy may fabricate statements to the prejudice of another for the base purpose of bringing odium upon him. Thus, it may happen that a citizen of the purest character, and the most patriotic heart, may be a grievous sufferer. Let me, therefore, suggest to the grand jury, that in their investigation of charges involving the high crime of treason, they should carefully exclude from their minds all influences originating in mere popular excitement or which may be supposed to be the result of personal enmity. If, after a calm inquiry into the facts, the jury believe that the accused person is guilty of treason, they ought not to hesitate in returning a bill according to their convictions, whatever may be the result to the party implicated. But in regard to treason, and indeed all other crimes, the jury should reach a rational conclusion, from the law and the evidence, that the person accused is guilty, before returning a true bill against him.

A grand jury has only the evidence which the government can adduce, without reference to what the defendant may have it in his power to bring forward, in proof of his innocence. They ought, therefore, to be able to say under the solemnity of their oaths, that there is reasonable ground for the inference

of guilt. And, as before intimated as to all crimes, it must appear that the act charged was committed within the limits of the Southern District of Ohio. If treason is the crime charged, there must be a distinct allegation in the indictment of the overt act or acts; and although a grand jury return a true bill for this crime, there can be no conviction unless an overt act is proved by two witnesses. And it may well be doubted, whether it is expedient to indict for this crime in cases where it is certain the evidence required by law can not be produced before a traverse jury, and where consequently there can be no conviction.

Remarks of Judge Leavitt on the Death of President Lincoln, addressed to the Grand Jury for the April Term, 1865, of the United States Circuit Court.

GENTLEMEN: Before calling your attention to the immediate duties of your position as grand jurors, I can not refrain from some brief remarks upon the peculiar circumstances under which you are now impaneled. I refer especially to the fact, that but a few days since the President of the United States lost his life by the hand of a fiendish assassin. This foul deed has plunged the people into the deepest grief. Since the days of Washington, no President of the United States enjoyed a larger measure of public confidence, or had won a higher place in the affection of all loyal hearts than Abraham Lincoln. If not the first, it may be truly said he is second in the hearts of his countrymen. But this is not the place, or the occasion for a labored eulogy upon the man whose loss we deplore. This duty will be discharged by others in a sphere more appropriate to such a theme. My present purpose is to call the attention of the grand jury to the instructive commentary upon our admirable institutions, afforded by the sad incident referred to. We have lost a president who had "filled the measure of his country's

honor," but we have not lost our government. To-day its machinery is in perfect order, and is successfully carrying out the beneficent ends of its creation. The arm of rebellion is lifted up against it, but that arm has been stricken down by the patriotism of the people and the invincible heroism of our armies. The bloody work of the assassin has also failed to move its stable foundations, or to stay or check its onward movements. In the monarchial and imperial governments of the old world, the assassination of the sovereign would result in civil commotion and most probably in a bloody revolution. But our excellent constitution has so provided for the contingency of the death of the chief magistrate, that it is hardly within the range of possibilities that there can be any other than a very brief vacancy in the office. This was beautifully exemplified in the events of the last few days. On last Saturday morning Abraham Lincoln was removed by death from his office and from the scenes of earth; but in a few brief hours, Vice-President Johnson was constitutionally invested with all the powers pertaining to it, and had assumed all the responsibilities of that high position. And we have in these facts, the most convincing proof that our government, founded under God by the wisdom and sagacity of our fathers, is adapted to meet any emergency, and can not be overthrown by any force, internal or external, so long as the people are true to themselves and to the best interests of the race.

And I can not here forbear the brief remark, that at no time since our great republic was founded, have our people more reason to rejoice in their birthright as American citizens than at the present juncture. The last four years will constitute an historic period in the progress of the nation, of which our posterity will be proud in all coming ages. But I may not enlarge on this theme. We all have now the assurance that we have a country, and that we have a government based upon the intelligence, virtue, and patriotism of the people, which, while it affords the highest security for our liberties and all just rights, has the power to defend itself against all assailing foes. Let us appreciate it all the more highly that it has safely passed through the fiery trial of a most formidable rebellion. The sacrifice has been great, but may we not hope that the benefits and blessings to result will more than compensate for all the

cost.

INDEX.

ABANDONMENT.

See SALVAGE.

ACTION. See PROCESS; JURISDICTION; RECOGNIZANCE.

ACCOUNT. See SET-OFF.

ACCOUNTING OFFICER. See EVIDENCE; SET-OFF; TERRITORIAL

GOVERNMENT.

ACKNOWLEDGMENT.

ADMINISTRATOR.

See RECOGNIZANCE.

See EQUITY.

ADMISSIONS AND DECLARATIONS. See EVIDENCE; DEDICATION;

WITNESSES.

ADMIRALTY—

1. During a high stage of water in the Ohio river, a descending boat should keep near the middle of the river, without any regard to the channel. Keys v. Ambassador, 237.

2. A descending boat on the Ohio river, two hundred yards from the Indiana shore, has no right to signal by one tap of the bell, and attempt to take the starboard side of another boat near that shore. Ib.

3. The rule requiring the up-stream boat to give the first signal to indicate its choice of sides, does not apply when there is eighteen feet of water above the bars. Ib.

4. The second rule of navigation adopted by the board of supervising inspectors, under the steamboat law of 1852, giving an ascending boat the right to choose the side she prefers to take, when meeting a down boat, must have a reasonable construction, and can not be understood as giving the up-stream boat a right under all circumstances of choosing her line of navigation. Thorp v. Steamboat Defender, 397.

5. If an ascending boat is coming up on one shore, and a down boat is seen above on the opposite side, the river being wide, with an ample depth of water in the intervening distance between the boats, and the up-stream boat is not required for business purposes to make a crossing, she ought, by one sound of the whistle, to signify her purpose of keeping up the same side. She has no right unnecessarily or capriciously to require the descending boat to change her course. Ib.