Treason Penn. L. J. Rep. 55, 4 Am. L. J. 83. Aliens domiciled here defined owe a temporary allegiance to the government, and being

bound to obey such of its laws as do not immediately relate to citizenship, are equally amenable with citizens, so long as they reside here, for any infraction thereof. Aliens domiciled in this country prior to the Civil War, who gave aid and comfort to the insurgents, were subject to prosecution for treason. The manufacture of saltpetre in Alabama by aliens domiciled there, and its sale to the Confederate States with knowledge that it was to be used by them in prosecuting the war, was treason or misprision thereof. Carlisle v. United States, 16 Wall. 147, 21 L. ed. 426; Hanauer v. Doane, 12 Id. 342, 20 L. ed. 439. But aiding, assisting, and abetting another nation engaged in a maritime war with the United States is not treason in an alien within the United States if he is commissioned by the other power. 1 A. G. Op. 84. That an unnaturalized alien cannot commit treason, see United States v. Villato, 2 Dall. 370, 1 L. ed. 419.

Levying war embraces any combination, or conspiring together, or insurrection to prevent, or oppose by force, or intimidation, the enforcement of any provision of the Constitution, or for the purpose of resisting the execution of the laws of the United States, or overthrowing the government, or rebelling against its authority, if the opposition in pursuance of the combination is forcible. Re Charge to Grand Jury, 5 Penn. L. J. Rep. 55, 4 Am. L. J. 83; United States v. Mitchell, 2 Dall. 348, 1 L. ed. 410, 26 Fed. Cas. 1277; Shortridge v. Macon, Chase's Dec. 136, 22 Fed. Cas. 20. The assemblage of a body of armed men, large or small, in military array for a treasonable purpose, and every step taken by any one of them in part performance of such purpose, are overt acts of treason in levying war. Of such a nature is the occupation of a fortress belonging to the government, on the part of each and every one engaged in the undertaking, though such occupation was not resisted.

United States v. Greiner, 4 Phila. 396. So is the assemblage Treason defined of a body of men for the purpose of forcefully revolutionizing the government established in any of the Territories, though such assembling be for some other project to be thereafter accomplished. Re Bollman, 4 Cranch, 75, 2 L. ed. 554; United States v. Burr, 1 Burr's Trial, 14. The meeting of particular bodies of men and their going from a place of partial, to one of general, rendezvous is also a levying of war. Id. See further United States v. Burr, 4 Fed. Cas. 55. If war has been levied, all who aid in its prosecution by performing any act to promote the common purpose are guilty of treason. The minuteness of such act, or the remoteness from the scene of activities of the person who performs it, does not affect his guilt. United States v. Greathouse, 2 Abb. C. C. 364. One may commit treason without being a personal actor in any violence. If he directs, aids, abets, counsels, or countenances it, he is guilty, although he is not present in person at the time of the actual perpetration. United States v. Burr, 2 Burr's Trial, 405, 25 Fed. Cas. 2, 52, 55, 210; Re Charge to Grand Jury, supra. But the mere enlistment of men for the purpose of serving against the government is not a levying of war. United States v. Burr, 1 Burr's Trial, 14; Re Bollman, supra. Nor is a bare conspiracy without an overt act. United States v. Mitchell, supra. Nor is a conspiracy to resist the execution of a law in particular instances, as for a personal or private purpose, notwithstanding the numbers engaged or the force they may employ. United States v. Hoxie, 1 Paine, 265, 26 Fed. Cas. 397.

One who went from the

"Adheres to their enemies." British squadron to the American shore, for the purpose of peaceably procuring food for the British, was not guilty of treason. The crime cannot be committed by the will alone. But if there was an intent to join in hostilities against the United States, going towards the shore would have been an

Treason overt act of adhering to the enemy though no other act was defined done. And so would the act of carrying provisions towards

the enemy with intent to supply him, though such intention should be defeated. United States v. Pryor, 3 Wash. C. C. 234, 27 Fed. Cas. 628.

"Giving them aid and comfort." A citizen of a loyal State, who voluntarily joined in the rebellion, and bore arms against the general government, gave aid and comfort to its enemies. Gearing v. United States, 3 Ct. Cl. 165. Purchasing a vessel, guns, and ammunition, preparing the vessel for sea and for service in aid of the enemies of the government, after war has been levied against it, are overt acts of treason. It is presumed that such acts, done in furtherance of the purposes of such enemies, give them aid and comfort, whether the vessel in fact sails or not, or whether, if she sails, her cruise is successful or not. It is no defense that such acts were done under a letter of marque issued by an assumed government, so long as such government has not been recognized by the United States. United States v. Greathouse, 2 Abb. C. C. 364, 26 Fed. Cas. 18. Delivering prisoners and deserters to the enemy is treason, and a treasonable act is excusable only when it is performed under personal fear of death. United States v. Greiner, 4 Phila. 396; United States v. Hodges, 1 Brun. Coll. Cas. 465, 2 Wheeler's Cr. Cas. 477, 26 Fed. Cas. 332. So long as acts are treasonable it is immaterial whether they are committed within the United States or elsewhere. United States v. Craig, 28 F. R. 795. The constitutional provision that there shall be no conviction for treason, unless upon the testimony of two witnesses, or on confession, does not apply to preliminary hearings and commitment. United States v. Greiner, supra. For a further discussion of the law of treason, see generally Whart. St. Tr. 102 et seq.; 2 Curtis, 630; Re Bollman, 4 Cranch, 75, 2 L. ed. 554; United States v. Hanway, 2 Wall. Jr. 139. In United States v. The

Insurgents, 2 Dall. 335, 1 L. ed. 404, certain objections were Treason defined raised to the panels. See further on treason, United States v. Cathcart, 1 Bond, 556, 25 Fed. Cas. 344; United States v. Vigol, 2 Dall. 346, 1 L. ed. 409, 28 Fed. Cas. 376; Charge to Grand Jury, 2 Curt. 630, 30 Fed. Cas. 1024; The Law of Treason, 4 Blatch. 518, 30 Fed. Cas. 1032; Charge to Grand Jury, 5 Blatch. 549, 30 Fed. Cas. 1034; Charge to Grand Jury, 1 Bond, 609, 30 Fed. Cas. 1036; Charge to Grand Jury, 1 Sprague, 602, 30 Fed. Cas. 1039; Charge to Grand Jury, 2 Sprague, 292, 30 Fed. Cas. 1042; Charge to Grand Jury, 2 Sprague, 285, 30 Fed. Cas. 1049; Charge to Grand Jury, 1 Story, 614, 30 Fed. Cas. 1046; Charge to the Grand Jury, 2 Wall. Jr. 134.

SECTION 2. Whoever is convicted of treason shall suffer Punishdeath; or at the discretion of the court, shall be imprisoned not ment for less than five years and fined not less than ten thousand dol- treason lars, 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.

This section is identical with U. S. Rev. Sts. § 5332, except that the words "at hard labor at hard labor " are omitted.

The effect of this section upon the Act of 1790 is discussed and determined in United States v. Greathouse, 2 Abb. C. C. 364. See also Windsor v. McVeigh, 93 U. S. 274, 23 L. ed. 914; Wallach v. Van Riswick, 92 Id. 202, 23 L. ed. 473; Confiscation Cases, 20 Wall. 92, 22 L. ed. 320.

SECTION 3. Whoever, owing allegiance to the United Misprision States and having knowledge of the commission of any treason of treason against them, conceals, and does not, as soon as may be, dis- defined

close and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years, and fined not more than one thousand dollars.

Misprision of treason defined

Inciting, etc., rebellion or insurrection

Criminal

ence with

foreign gov

ernment

This section is identical with U. S. Rev. Sts. § 5333. See United States v. Wiltberger, 5 Wheat. 76, 97, 5 L. ed. 37; Confiscation Cases, 20 Wall. 92, 22 L. ed. 320, 1 Woods, 221, 6 Fed. Cas. 270; United States v. Tract of Land, 1 Woods, 475, 28 Fed. Cas. 203; Charge to Grand Jury, 4 Blatch. 518.

SECTION 4. Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States.

This section is identical with U. S. Rev. Sts. § 5334. It is sufficient if an indictment follows the language of the statute, and it is unnecessary now to use the specific term "levying war." United States v. Greathouse, 2 Abb. C. C. 364. An acquittal before a court-martial cannot be pleaded in bar of an indictment under this section, though the offense charged in both be substantially the same. United States

v. Cashiel, 1 Hughes, 552. The act of dispatching an American vessel in ballast from a port of the United States with an immediate destination to a neutral port, and an ulterior destination with cargo taken in at such neutral port to a blockaded port, is an offense against the United States under this section. 10 A. G. Op. 513. See Hart's Case, 16 Ct. Cl. 459; Pargoud's Case, 4 Id. 337.

SECTION 5. Every citizen of the United States, whether correspond- actually resident or abiding within the same, or in any place subject to the jurisdiction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of or resident within the United States or