Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-02
THE LAW OF TREASON.
Based Upon the Old English Statutes
of Edward ILLS Reign.
MODIFYING TUE DEATH PENALTY.
A Citizen Can Commit Treason Toward
the State He Lives in.
THE PRECEDENTS IN PENNSYLVANIA

A prominent lawyer, who did not wish
his name used, in speaking Of the charges of
treason brought against the Advisory
Board of the Homestead mill, said yester-
day: s'Under the ancient common law the
English judges were given great latitude in
defining what treason should consist Of
The farthest this authority was carried was
to declare that even imagining or dreaming
of the death of the King, Queen or eldest
son of the regent was high treason. 1t was
reasoned that man whose mind turned to
such thoughts must have been contemplating
an injury to the monarch. If q man wrote
reasonable article, although he had never
given it to anyone to read or published it,
he was considered guilty of high treason.
"All these loose laws have been repealed.
In this country where the laws are made for
the protection of the people reasonable
ofienses are clearly defined in the Constitu-
tion, and an act cannot be construed as trea-
son by judicial Interpretation or extension
except it comes within certain lines In COM
mon law treason was always punishable
with death, but under the Constitution of
the United States discrimination is made
according to the enormity of the crime.
A Legal Definition OF Treason.
sTn Anderson's Dictionary of Law the
following definition of treason is given:
Treason may exist only as between allies;
it is a general appellation to denote not
only offenses against King or Government,
but also that accumulation of guilt which
arises whenever a superior reposes conf
dence in a subject or inferior, between
whom and himself there subsists natural,
a civil, or even a spiritual relation, and the
inferior 80 abuses that confidence, so
forgets the obligations Of duty, sub
lection and allegiance, as to de-
stroy tho life of the superior.
Therefore for wife to kill her husband. q
servant his master, an ecclesiastic his
ordinary, these being branches of the lower
allegiance of private and domestic faith,
are donated petit treasona But when dis
loyalty attacks majesty itself, it is called,
by way OF distinction, high treason
1.-THE old English statutes OF Edward III, p,
1852, on which the Constitution is based.
defined what offenses should be held as
treason. In order to circumvent the arbi-
trary rulings of the judges, reasonable
offenses were divided into seven branches.
Of these only two are considered treason in
the United States Anderson's Dictionary
of Law in commenting upon the third
species, levying of war against our lord, the
king, in his realm, says: This NAV be done
by taking arms not only to dethrone the
king, but under pretense. to reform religion,
or the laws, or to remove evil counsellors,
or other grievances, real or pretended.
What Constitutes q Rebellion.
''To resist the kings forces by defending
castle against them Is levying war; so is
an insurrection with design to pull down
all enclosures, all brothels, ETC., the univer-
salty of the design making it a rebellion
against the State. a ausurpation of the powers
of the government, an lnsolent invasion of
the kings authority"
SIN England now, as we'll as this country,
petit treason is not recognized, it being in
cluded under homicides. High treason
says Anderson's Dictionary of Law, is the
most heinous civil crime a man can commit.
It indeterminate, this alone Is sufficient to
make any government degenerate into
arbitrary power
''The section of the United States Consti-
tuition defining treason was passed April 80,
1890, and provides that every person owing
allegiance to the United States, who levies
war against them, or adheres to their enc
mics, giving them aid and comfort, is guilty
of treason; and shall suffer death, or, at the
discretion of the Court, shall be imprisoned
at hard labor for not less than five years
and fined not less than $4,000, to be col
lected of such property as is owned at the
time of committing such treason; with in
capacity to hold Office under the United
States.
Treason and Conspiracy Compared.
81 fo a
try or State, perpetual or temporary before
he can commit a treason against it Ander-
son defines the difference between con-
spiracy and treason by saying, "a mere
conspiracy by force to subvert the estab-
lished governments is not treason; there
must be an actual levying of war-men as
sembled with intent to effect by force
reasonable purpose. Then all who per-
form any act, however minute or remote
from the scene of action, and who are
actually leagued in the general conspiracy,
are traitors In every case proof of some
overt act is absolutely necessary. An in
the commission
'In the above he refers
to the National Government. Continuing,
he says: "A person may commit treason
toward the State in which he resides, since
he also owes allegiance to it.. The defini-
tions and laws of the various States follow
in substance, the foregoing definition, en-
actments and constructions A notable
case was the trial, conviction and execution
of John Brown in Virginia in $780,
Gas to what constitutes an actual levy of
war, John w. May, an authority, writes:
There must be an assemblage of persons
met for q reasonable purpose, and some
overt act done, or some attempt made by
them, with force, to execute, or toward ex-
ecuting, that purpose. There must be
present intention to proceed to the execu-
tion OF the reasonable purpose by force.
Must Be Ready to Use Force.
"'The assembly must be in condition to
use force, if necessary, to further, or to aid,
or to accomplish their reasonable designs