§ 397. Of Misdemeanors. Misdemeanor includes all crimes which are neither treason nor felony. These are very numerous, and of great variety, both as to the character of the criminal act, and as to the enormity of the moral guilt involved in its commission. Many of these crimes have no distinctive name, and are no otherwise defined than by the language of the statute, by which they are prohibited. Read Broom Comm., pp. 893, 894. 1 Russ. Cr., p. 45. 1 Arch. Cr. Pr., pp. 2–6. 1 Whart. C. L., §§ 3-9. CHAPTER III. OF TREASON. 398. Of the Nature of Treason. Treason is an act committed by the subject, in violation of the allegiance which binds him to the state. It is distinguished from all other crimes by this; that, whereas they attack primarily the property or person of an individual, or some single public interest, and indirectly, if at all, affect the state, treason assails the state itself, and seeks to overthrow and destroy that political society, which his allegiance obliges the subject to defend. Hence its name treason, denoting treachery and breach of faith, or that more expressive phrase, which characterized it in the Roman law, crimen læsæ majestatis, the crime of violated sovereignty.. Read 4 Bl. Comm., p. 75. Broom Comm., pp. 892, 898. 1 H. P. C., pp. 58, 59. 2 Arch. Cr. Pr., pp. 882–884. 1 Bish. C. L., § 456. 2 Bish. C. L., §§ 1202–1204. § 399. Of Ancient Common Law Treasons. Treason, under the ancient English law, necessarily embraced a great variety of offences, and to these, from time to time, were added, by forced judicial constructions, many actions which never before were suspected to be treasonable. In the statute 25 Edw. III, c. 2. (A. D. 1350–1), these acts of treason were reduced to seven: (1) To compass or imagine the death of the King, or Queen, or their eldest son or heir; (2) To violate the King's consort, or his eldest daughter unmarried, or the wife of his eldest son or heir; (3) To levy war against the King within the realm; (4) To adhere to the King's enemies within the realm, and give them aid and comfort; (5) To counterfeit the King's great or privy seal; (6) To counterfeit the King's money, or to bring false money into the kingdom; (7) To kill the chancellor, treasurer or a judge, while in the discharge of his office. Afterwards, however, in the reign of Henry VIII, the spirit of inventing new and strange treasons was revived, and this crime was held to embrace such acts as calling the King names in a public writing, marrying his nephew or niece without his permission, or impugning his supremacy. By the statute 1 Mary c. 1, these so-called treasons were again abrogated, and the statute of Edw. III was reaffirmed. But in the succeeding reigns, the number was once more increased, and, even until the year A. D. 1847-8, included "the intending, within the realm or without, of any restraint of the heirs or successors of the King, and expressing such intention by any published writing, or by any overt act or deed." Read 4 Bl. Comm., pp. 75-93. § 400. Of Treason against the United States. Levying War. Treason, in this country, may be committed either against the United States, or against an individual State. Treason can be committed against the United States only by levy ing war against them, or by adhering to their enemies, giving them aid and comfort. Levying war consists in the actual assembling of a body of men, in order to effect, by force, a treasonable purpose. The number of persons assembled is not material; a few may complete the offence as well as a thousand. Nor need actual fighting be proved; the assembling with a treasonable purpose being sufficient. A treasonable purpose is a purpose to attain, by force or by intimidation, some object of a public nature, as to overthrow the government, or to nullify some law of the United States, and totally to hinder its execution, or compel its repeal. If war be thus actually levied, all persons, who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are guilty of treason. Read 4 Bl. Comm., pp. 81, 82. 1 H. P. C., pp. 130-154. 1 Bish. C. L., §§ 177, 456. 2 Bish. C. L., §§ 1214-1229. 3 Greenleaf Ev., §§ 237, 242, 243. § 401. Of Treason against the United States. Adhering to the Public Enemy. Adhering to the enemies of the United States, giving them aid and comfort, embraces every act which renders any assistance whatever to the public enemy, unless such act is performed unwillingly, and through a well-grounded fear of immediate death in case of refusal. Such acts are: the uniting with public enemies in acts of hostility against the United States or its allies; the delivering up of its castles, forts or ships of war, to its enemies through treachery; joining the enemy's forces, though no acts of hostility be committed by them; raising troops for the enemy, or sup plying them with money, arms or intelligence, even though such supplies be intercepted and never reach them. The enemies of the United States are the subjects of a foreign state, with whom the United States is at open war, and foreign pirates or robbers, acting under the authority of no particular state, but who actually invade the United States. Adherence and assistance to rebels, in arms against the United States, is "levying war," not "adhering to the public enemy." Read 4 Bl. Comm., pp. 82, 83. 1 H. P. C., pp. 159–170. 2 Arch. Cr. Pr., pp. 892, 893. 3 Greenleaf Ev., § 244. § 402. Of Treason against an Individual State. Treason against an individual State, in the absence of Constitutional or statutory provisions, is an offence at common law, and is so recognized in the Constitution of the United States. Like treason against the United States, it consists only in levying war against the State, or in adhering to the public enemy. When the same act is treasonable both toward the United States and the individual State, it has been held to be treason against the United States alone. Read 2 Arch. Cr. Pr., pp. 893-896. 2 Whart. C. L., §§ 2766-2772. § 403. Of the Necessity of an Overt Act. Treason can be committed only by the doing of an overt act. Thus a conspiracy to levy war, or the actual enlist |