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United States, and constitutes treason. Case of Fries (C. C. 1799), Fed. Cas. No. 5,126.

An insurrection to resist by force the execution of a Federal tax law, or the militia called out to enforce it, on any ground wbaterer, is a levying of war against the United States. Case of Fries (C. C. 1800), Fed. Cas. No. 5,127.

A conspiracy to raise an insurrection to resist the execution of a Federal statute by force is only a misdemeanor. Treason is not committed until the persons proceed to carry the intention into execution by force. Id.

Either acts of hostility and resistance to the Government, or a bostile intention in the body assembled, are necessary to convert a meeting of men with ordinary appearances into an act of levying war. treasonable intent on the part of the leader, uncommunicated to the assemblage, is not srificient. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,694a.

An intention to commit treason against the United States by levying war, not carried out by the actual assembling of troops, is not punishable as treason. Id.

The engaging or enlisting of men for levyinz war against the United States, not followed by a future embodying of such men, is not punishable as treason.

Id. The fact of levying war may consist of a multiplicity of acts performed in different places by different persons, and any one of such persons, when leagued in the general conspiracy, is liable as a principal traitor. a.

If there be an assembly of persons, with force, with an intent to prevent the collection of lawful taxes or duties levied by the Government, or to destroy all customborises, or to resist the administration of justice in the courts of the United States, and the assemblage proceed to execute this purpose by force, this is treason against tbe United States. Charge to Grand Jury, Treason (C. C. 1842), Fed. Cas. No. 18,275.

If the assembly is arrayed in a military manner, if they are armed and marched in military form, for the express purpose of overawing and intimidating the public, and thus attempt to carry into effect the treas. chable design, this will, of itself, amount to a levy of war, although no actual blow be struck or engagement take place. Id.

There may be treason against a State by levying war which is aimed altogether against tbe sovereignty of the State. Id.

To constitute treason against the United States by levying war, there must be a levy. ing of war against the United States in their sovereign character and not merely a

levying of war exclusively against the sovereignty of a particular State. Id.

Direct proof of the combining to prevent the enforcement of a law may be found in declared purposes of the individual party before the actual outbreak, or it may be derived from proceedings of meetings in which he took part openly, or which he either prompted or made effective by bis countenance or sanction, commending, counseling, or instigating forcible resistance to tbe law. Charge to Grand Jury, Treason (C. C. 1851), Fed. Cas. No. 18,276.

The words " levying war," as used in the constitutional definition of "treason," include not only the act of making war for the purpose of entirely overturning the Government, but also

any combination forcibly to oppose the execution of any public law of the United States, with intent to prevent its enforcement in all cases, if accompanied or followed by an act of forcible opposition to such law in pursu. ance

of such combination. Charge to Grand Jury, Neutrality Laws and Treason (C. C. 1851), Fed. Cas. No. 18,269 ; Charge to Grand Jury, Treason (C. C. 1851), Fed. Cas. No. 18,276.

To be employed in actual service in an army raised to oppose the Government in its action, or directly or indirectly to aid or assist in the levying or embodying of a military force for the subversion of the Government, are plainly acts of " levying war," and involve the commission of the crime of treason. The constitutional defini. tion of treason, however, is of broader sig. nification, and includes all those who join a hostile army after war is begun. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,272.

All persons engaged therein are by the law regarded as levying war against the United States; and all who adbere 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 Apr. 30, 1790, and are guilty of treason. Id.

A letter of marque issued by an insurrectionary government, which has not been recognized hy the legislative and executive departments of the existing Government, is no defense to treason in levying war under such letter, U. S. V. Greathouse (C. C. 1863), Fed. Cas. No. 15,254,

Levying war against the United States by citizens of the Republic, under the pretended authority of the new State

government of North Carolina, or of the so-called “ Confederate Goveroment," is treason against the United States. Shortridge v. Macon (C. C. 1867), Fed. Cas. No. 12,812,

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Levying war against tbe United States railroad cars, or other means of transports hy persons however combined and confed- tion, or to advance money or obtain credits erated, even though successful in estab- for the use and support of the hostile arny; lishing their actual authority in several and to communicate intelligence to the States, is treason, Keppel v. Petersburg R. enemy by letter, telegraph, or otherwise, Co. (C. C. 1868), Fed. Cas. No. 7,722. relating to the strength, movements, or pa

If a convention, legislature, junto, or sition of the army. Id. other assemblage entertain the purpose of Overt acts which, if successful, would subverting the Government, and to that end advance the interests of the rebellion, pass acts, resolves, ordinances, or decrees, amount to aid and comfort, though they even with the view of raising a military failed. U. S. v. Greathoose (C, C. 1863), force to carry their purpose into efl'ect, this Fed. Cas. No. 15,254, alone does not constitute a levying of war, If war be actually levied at one place. Charge to Grand Jury, Treason (D. C. and any person actually engaged therein 1863), Fed. Cas. No. 18,274.

send them arms, money, provisions or inIf a body of men be actually assembled in telligence for tbe purpose of aiding them, he force, in a condition to inake war, in order is guilty. Charge to Grand Jury, Treason to overturn the Government at any (D. C. 1863), Fed. Cas. No. 18,274. place by force, this is levying war. It is And it makes no difference how distant pot necessary that the assemblage shonid

he may be from the place of the asserablage be with military arms and array; numbers of the enemy.

Id. alone may supply the requisite force. Id. It is treason for a citizen or other person

adhering to onomies and giving them aid not commissioned witbin the United States and comfort.-The going from the enemy's to abet France during a maritime war with squadron to the shore for the purpose of her. (1798) 1 Op. Atty. Gen. 84. peaceably procuring provisions

for the

Felonious intent.--Treason in the assenenerny is not an act of treason; otherwise bling of bodies of men, armed or arrayed in where provisions are carried toward the a warlike manner, is determined by the enemy with intent to supply them, though intent. If the purpose be of a private such intention is defeated. U. S. v. Pryor

nature, it is not treason, regardless of the (C. C. 1814), Fed. Cas. No. 16,096,

acts actually committed; otherwise, where Delivering up prisoners and deserters to the intent is to effect some object of gen. an enemy is treason, and nothing but a eral public nature.

Case of Fries (C. C. well-grounded fear of life will excuse tte

1800), Fed. Cag, No. 5,127. act, U. S. v. Lodges (C. C. 1815), Fed.

If a man joins and acts with an assembly Cas. No. 15,374.

of people, his intent is always to be cobA person present, directing, aiding, abet.

sidered and adjudged to be the same as ting, counseling, or countenancing the vi

theirs; and the law judges of the intent olence, or it, though absent at the time of

by the fact Case of Fries (C. C. 1800), its actual perpetration, he get directed the

Fed. Cas, No. 5,127. act, or devised or knowingly furnished the means for carrying it into effect, and insti. A conspiracy to resist by force the execu. gated others thereto, he is guilty of treason,

tion of a law of the United States in par. Charge to Grand Jury, Treason (C. C. 1851),

ticular instances only, for personal or priFed. Cas. No. 18,276,

vate purposes only, is not treason. U. S. e. Tbe words, “adhering to their enemies,

Hoxle (C. C. 1808), Fed, Cas. No. 15,407. giving them aid and comfort," include, in

A felonious intent is necessary to commit general, Any act committed

treason. after War

The Ambrose Light (D. C. 1885), actually exists which indicates a want of

25 Fed. 408, 427. loyalty to the Government and sympatlıy Duress and compulsion. The putting in witb its enemies, and which, by fair con- fear which is sufficient to excuse the per: struction, is directly in furtherance of petration of a criminal act must proceed their hostile designs. Charge to Grand from immediate and actual danger Jury, Treason (C. C. 1861), Fed. Cas. No, threatening the life of the accused. The 18,272.

apprehension of the loss of property or of Mere espressions of opinion indicative of slight or remote injury to the person is not sympathy with publie enemy are not


U. S. 1. Vigol (C. C. 1795), Fed. sufficient, under the Constitution aud laws,

Cas, No. 16,621. to warrant a conviction of treason. Id.

Except in the case of force under a perAfter war actually exists, it is treasonable

sonal fear of death, a private soldier of to sell to, or provide arms or munitions of

subordinate officer can not excuse a trea. war, or military steres and supplies, in.

sonable act on the ground of compulsiou. cluding 2000s, alotting, etc., for the use of

U. S. 4. Greiner (D. C. 1861), Fed. Cas. the enemy; t'u bize, bell, or furnish boats,

No. 15,202.


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Persons regarded as enemies.-In a civil war. persons who adhere to their allegiance are not, althougb they reside in an insurrectionary district, regarded as enemies; and trade with such persons, in good faith :ind without collusion with the enemy, is lawful, unless interdicted by the Government. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,271.

Overt acts.-See, also, notes under 2849, post.

It is necessary to produce two direct witnesses to the whole overt act; a conviction can not be bad on the testimony of

one witness, together with circunstantial evidence, though it is well nigh conclusive U. S. Robinson (D. C. 1919), 259 Fed. 685; compare U. S. v. Fricke (D. C. 1919), 259 Eed. 673, 677.

The fact that treason might incidentally arise in the attempt to embark troops against a foreign nation, with which the United States is at peace, will not affect a previous assemblage of troops, where the treason was neither committed nor intended. U. S. v. Burr (C. C. 1807), l'ed. Cas. No. 14,694a.

A person who advised or procured a warlike assemblage, charged as the overt act of treason can not be convicted of treason until after the conviction of one of those charged with the overt act. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,693.

An' indictment for levying war against the United States must specify an overt act, and the charge must be proved as laid. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,693.

And there must be some overt act done, or some attempt made by them, with force, to execute, or toward executing, that purpose. The assembly must be in a condition to use force, and must intend to use it, if necessary, to further, aid, or accomplish the treasonable design. Charge to Grand Jury, Treason (C. C. 1842), Fed. Cas. No. 18,275.

Where a body of armed men is mustered in military array for a treasonable purpose, every step which any one of them takes, by marching or otherwise, in part execution of ruch purpose, is an overt act of treason in levying war. U. S. v. Greiner (D. C. 1861), Fed. Cas. No. 15,262.

Words, oral, written, or printed. bowever treasonable, seditious, or criminal of themselves, do not constitute an overt act of treason. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,271.

L'urchase of a vessel, and fitting her up for service with arms and ammunition, and the employment of men to manage it, in pursuance of a design to commit hostilities on the high seas in aid of an existing re

bellion against the United States, are overt acts of treason. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.

Persons liable in general.-If a body of men be actually assembled to effect by force a treasonable purpose,

all those who perform any part, however minute, or however remote from the scene of ac. tion, and who are actually leagued in tlie general conspiracy, are to be considered guilty of treason. Charge to Grand Jury, Neutrality Laws and Treason (C. 1851), Fed. Cas. No. 18,209; Charge to Grand Jury, Treason and Piracy (C. C. 1861), Fed. Cas. No. 18,277.

An alien resident may be guilty of trea. son by cooperating either with rebels or foreign enemies. Charge to Grand Jury, Treason (D. C. 1863), Fed. Cas. Nos. 18,274 (C. C. 1851), 18,276.

All who aid in the prosecution of war levied against the United States, whether by open hostilities in the field, or by performing any part in the furtherance of the common object, however minute, or however remote from the scene of action, are guilty of treason. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.

In treason there are no accessories. ANI who engage in rebellion, or who designedly give to it any species of aid and comfort, in whatever part of the country they may be, are principals. I'. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254 ; Case of Fries (C. C. 1800), Fed. Cas. No. 5,127.

Persons owing allegiance.--The words "owing allegiauce to the United States " in this section are surplusage, since treason is a breach of allegiance, and can be committed by one only who owes allegiance either perpetual or temporary. U. S. 0. Wiltberger (1820), 5 Wheat. 76, 97, 5 L. Ed. 37.

People in rebellion.- Until helligerent rights are accorded by the political department of the Government to the State or people in rebellion, the judiciary must regard them as rebels and lawless aggressors, and apply to them the penal law. Charge to Grand Jury (C. C. 1861), Fed. Cas. No. 18,256.

Belligerent rights conceded to the Con. federate States can not be invoked for the protection of persons entering within the limits of a loyal State, and secretly getting up hostile expeditions against the Government. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,251.

The agreement of capitulation between Generals Sherman and Jobuston was a mere military parole terminating with the war, and the persons included were liable to arrest for treason after the war.

U. S. D. Rucker (C. C. 1866), Fed. Cas. No. 16,203.


The National Government conceded bel- Evidence.--It is not competent, on a ligerent rights to the armies of the Confed- trial for treason, to prove that the it erate States; and acts of a strictly mili- cused, in the course of the insurrection, tary character, performed under military joined with others in webbing the mails, authority, Lay be protected by reason when

separate indictment for that thereof. U. S. V. Morrison (C. C. 1869), offense is already pending against him. Fed. Cas. No. 15,817.

U. S. v. Mitchell (C. C. 1795), Fed. Cas. The whole existence of the Confederate No. 15,789. Government


continued rebellion Where it was claimed that a circular letter against the la wful Government of the had been written by leaders of an insur United States; and no one can be protected rection calling citizens to assemble with by the sanction of its authority save in arms, etc., held, that a copy thereof was acts of war. Id.

not admissible, unless it was proved to be Rebellion, whether conducted on land or one of the copies actually circulated. Id. Bea, is felonious and treasonable, and pun. Where it is shown by the evidence of Ishable by death, The Ambrose Light (D. several witnesses that accused was present C. 1885), 25 Fed, 408, 427.

and took part in a treasonable conspiracy, Secession ordinances as defense. --The or- proof by two or more witnesses that he dinances of secession of the States in re. marched as a volunteer with arms and in bellion do not furnish any defense to their military array, with a party which actu. citizens for treasonable acts against the ally used force to prevent the execution United States Government. U. S. v, Cath

of an act of Congress, is sufficient without cart (C. C. 1864), Fed. Cas. No. 14,756.

proof by two witnesses that he was actuKerger of treason against State in trea.

ally present when the acts of violence son against United States.-Treason begun were committed. Id. against a State may be mixed up or merged On the trial of a person indicted for in treason against the United States. Ir

treason in levying war against the United the treasonable purpose be to overthrow the States, the court can not control the order Government of the State, and forcibly to of proof to the extent of requiring the withdraw it from the Union, and thereby prosecution to prove the overt act charged, to prevent the exercise of the national

before proving the intention with which Bovereignty within the limits of the State, such act was committed.

U. $. v. Burr this would be treason against the United

(C. C. 1807), Fed. Cas. No. 14,692h (C. C. States. Charge to Grand Jury, Treason (C.

1807), Id. 14,693; Same v. Lee (C. C. C. 1842), Fed. Cas. No. 18,275.

1814), Id. 15,584. If tbe troops of the United States should

A person will not be held to trial for be called out by the President upon the treason in levying war against the United application of a State legislature or execu- States on an affidavit that he is enlisting tive, to protect the State against domestic men for such purpose, without proof of violence, and there should be an assembly the actual embodying of men, where ample of persons with force to resist and oppose time is given to get such proof. U. &. e. the United States troops, this would be

Burr (C. C. 1807), Fed. Cas. No. 14,692a. treason against the United States, although Facts out of the district may be proved the primary intention of the insurgents

after the overt act as corroborative erlmay have been only to overthrow the State

dence of the intention, Id, government or the State laws. Charge to

The overt act of levying war must be Grand Jury, Treason (C. C. 1861), Fed. Cas.

proved by two witnesses before testimony No. 18,272. See, also, Charge to Grand is admissible relative to the conduct of Jury (C. C. 1842), Fed. Cas. No. 18,275.

declarations of the prisoner elsewhere, and Revolutionizing Territory as means for

subsequent to the overt act charged. Id. foreign expedition. The act of revolution

Proof of remote intentions may be releizing a Territory of the United States,

vant by proof of the continuance of the though only as a means for an expedition

intention, and consequently is admissible. against a foreign power, is treason. U. S. Id. Burr (C. C. 1807), Fed. Cas. No.

Query, whether, after proving a condee14,692a.

tion for some general object between perQuashing indictment.-On motion

sons accused of treagon in levying wat, quash an indictment for treason, beld, that

the conversations of one with third persons defendant's counsel would be required to

may be given in evidence against the other file with the clerk a formal statement of

to prove what that object was.

id. the grounds og which the motion

The declaration of the prisoner accombased.

Case of Davis (C. C. 1867-1871), panying the overt act charged may be Fed. Cas. No. 3,621a.

proved to show his intention in doing it; but his confession of committing such act is not admissible. U. S. v. Lee (C. C. 1814), Fed. Cas. No. 15,584.

Everything tending to show that tbere was an intention to make public resistance to a law of the United States is entirely evidence in chief, and can not be received in rebuttal. U. S. v. Hanway (C. C. 1851), Fed. Cas. No. 15,299.

Facts occurring and rumors prevalent in the neighborhood which would explain certain particulars relied upon to show

treasonable intent, and make then, show a different intent, though a long time in advance of the alleged treasonable occurrence, are admissible. id.

Direct proof of the purpose, however, is not legally necessary. The concert of purpose may be deduced from the con certed action itself, or it may be inferred from facts occurring at the time, or before or afterwards. Charge to Grand Jury, Treason (C. C. 1851), Fed. Cas. No. 18,276.

2842. Penalty for treason.-Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Scc. 2, Criminal Code, act of March 4, 1909 (35 Stat. 1088).

Besides other penaities, the discharge or dismissal of any person from the military forces on the ground that he is guilty of treason terminates his insurance and bars all rights to compensation or insurance under the war risk insurance act, ante, 1917.

Notes of Decisions.

Death penalty.- Where the treason consists in engaging in or assisting a rebellion or ipsurrection, the death penalty can not be inflicted, tinder act of July 17, 1862. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.

Disqualification from holding office.Quære, whether the constitutional disqualifications from holding office by having

engaged in rebellion (Amendment 14) operates to exempt from prosecution for treason. Case of Davis (C. C. 1867-1871), Fed. Cas. No. 3,621a.

Jurisdiction. --See charge to grand jury, Treason (C. C. 1861), Fed. Cas. No. 18,270.

Confiscation of property, etc., under for. mer laws.-See notes under 2848, post.

2843. Recruiting for service against the United States.- Whoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years. Sec. 7, Criminal Code, act of March 4, 1909 (35 Stat. 1089).

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2844. Enlisting to serve against the United States.-Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years. Sec. 8, Criminal Code, act of March 4, 1909 (35 Stat. 1089).

2845. Criminal correspondence with foreign governments.-Every citizen of the United States, whether actually resident or abiding within the same, or in

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