New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-06
LC0mmunloated.l
What Copssitutes TreasOp Against the
State.

What Constitutes Treasop Against the
State.
Article 10l Of the constitution declares
that:
Treason against the State shall consist
only in levying war against it or adherins
to it's enemies, giving them aid and comfort.
No person shall be convicted of treason
except on the testimony of two witnesses
to the same overt act, or on his confession
in open court.
Section 81. Of the Revised Statutes pro-
vides that:
Treason against the State shall consist
only in levying war against it or in adhering
to its enemies. giving them aid and comfort
No person ehall be convicted OF treason
unless on the testimony of two witnesses
to the same overt act, or his own confession
in open court. Whoever shall be guilty Ot
the crime Of treason, ON conviction shall
suffer death.
The above comprises all the laws on the
subject of treason against the State, and
the provisions both in the constitution and
the Revised Statutes, defining what consti-
tutes treason and the character Of the evi-
dence to establish it, are the same. The
latter only defining the penalty, in addition.
United States is couched in substantially
in the same words. Article three, section
three, of the constitution of the United
States reads:
Treason against the United States shall
consist only in levying war against them, or
IN adheriD g to their enemies, giving them aid
and comfort. No person shall be convicted
Of treason unless on the testimony OF two
witnesses to the same overt act, or on con-
fession in open court.
The definition OF the high crime of treason
is derived from the common law, and every
substan tive word in tho definition has often
been the subject of Interpretation by the
courts Of last resort in England and the
United States.
There can be no question, from The lore
going extracts from the State c0nstitution
and laws, that the crime of treason can be
committed against the State, and i has
been so decided often.
Levyine Of war is direct when the war
is levied directly against the government
with intent to overthrow it; Hale. 13ls
AZ common, law IN case OF war levied directe
ly against the government, all persons
assembled and marching with the rebels
are guilty OF treason, whet thor they are
aware of the purpose Of the assembly. or
aid and assist in committing acts Of via-
lence OF not. Crancb, l26.
To march in arme with force marshailed
and arrayed. committing acts of violence
and devastation, in order to compel the
resignation of public officer, and thereby
render ineffective an act Of Congress-. is
high treason. : Dallas, 296; ID. 3iS.
When war Ia levied for the purpose OF
producing changes of a public or general
nature by an armed force. as for the pur-
pose o: attempting by force to obtain the
repea! OF d statute. or t. obtain the redress
Of any other grievance, real OF pretended.
it is high treason. Foster. pa.
Treason may be committed by Rn open
and armed opposition to the laws of State.
or combination and torcible attempt to
overthrow OK usurp tho government. II
johnson. New York. $40.
Tho acts and the objects in view. taken
together, determine the Offense.
These considerations are thrown out az
worthy the consideration OF the people
at this particular juncture in our State
affairs. rs acts already committed msy con.
stitute subject Of judicial inquiry. and it is
desirable that those who may not know the
full legal consequence OF their acts should
pause and consider. Lex.