Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-04-14
From the Providence Journal.
Treason against the State.

The following article upon tho law Of
treason was written by an esteemed le-
gal correspondent
Treason consists, I. In Ievying Nar
against The Stale, or IN adhering to hs
enemies thereof, giring them aid or COM
fort.
/ To constitute the offence Of lsrying
| ,Var, it is not necessary 10 prove the
fact that the accused was present in
arms, against the forces or constituted
authorities ofthc State. An assemblage
in arms, for the purpose OF drill, or other
preparations to levy war, or the furnish
ing Of arins, equi pmerts, munitions.
provisions, &c, with intent, thereby,
to promote the levy Of war, makes
every one wiliuily concerned therein, Il
traitor, within the act.
.. In usurping the sovereign powsr
of The State. This offence consists in
assuming, or meeting with others to as
sumo, any of the Legislative, executive
or ministerial functions Of the Offices Of
Governor, Lieut.. Governor, Senators,
esentntivcs, Secretary Of State,
Attorney General, or General Trcasu-
rer.
The specific penalty oftrcnson, COM
mitted by any Of the means aforesaid,
is, imprisonment for life.
But, if hostilitics do actually take
place, and any person is killed or
wounded, then is every person present
in arms, or otherwise aiding or abcttinR
The insurgents, liable either as mur-
derer, or otherwise under tho criminal
and civil laws OF the State; and If for
murder, punishable with death.
If no homicide be committed, still arc
all assembled against the government
liable, as traitors, to Imprisonment Tor
life. Let us turn the attention OF pco-
pie to the consequences OF n sentence to
Imprisonment for life.
A person sentenced to Imprisonment
for life, Is considered to be, from tho
date Of sentence, as dead IN Ia,V, and
"such prisoners estate after payment
Of debts and expenses shall be divided
among his heirs at law and distriba-
tees, in the same way as though no
were dead" The rights Of creditors,
heirs at law and distributes would at
tach ias!anier, upon rendition OF tho
sentence; and it would not be in tho
power Of the General Assembly, by a
subsequent pardon. TO devest th''r
rights.
But this would not be all; The Of
tenders estate, both real and personal,
would be liable, in the hands of his ad-
ministrators, for all injuries by him nc
tually or constructiveIy done TO the per-
sous and property of every citizen -
Actions for all such injuries survive, tor
and against executors and udministra-
tors, by the act Of January II, l84O.--
The injured party, or if he be dead. his
executor or administrator may recover,
from the administrator of the person
sentenced the full amount of the injury
sustained and that amount must DO
puid before cent Of his esiate can be
distributed to his family or heirs at law.
3. Actual and constructive. A man
is liable not only for the injury which.
in such cases, he does with his own
hands, when coDgregatel with others
for illegal purposes. but for all tho in
jury which those others, or any OF them
may do. If thousand urc present for
Il common illegal purpose, nnd ono Of
them only do the act, they are all guilty
of the crime. 1t one of them set fro to
building, or twenty Of them demolsh
it, all Of them and their estates are
jointly or sevcrully liable at the suit Of
the owner of the building his executor
or administrator, until, by pursuing
them, he shall have obtained full salts
faction for the injury. He need not
prove rho did the injury; but only that
such injury was done, and that the per-
son who, or whose administrator, 10
sued, was present and giving countc-
nance to the outrage. He would DO
deemed and taken to be present, if at
ever SO great distance from the spot,
If engaged in tho common object and in
any way impurting aid, coun,e nance,
support, intelligence or security to those
who were actually at the place and
committing the outrage; so that man,
actually in Pawtuckct, in the rear Pla-
toon Of a body Of insurgents, whose van
was in the court house parade in this
city, would be liable, in person and
estate, for oil the injury done by his
companions at the latter place.
II thus appears, that tho property, as
well as the person of every participant
in the insurrection with which we arc
threatened is liable, to the last cent, for
the injury to person or property which
may be done in his actual or sonstruc-
tive presence, and SO liable, not 10 ons
person merely, buterery person injured.
or to his representatives.