The times. [volume] (Richmond, Va.) 1890-1903, 1892-10-18
uAa TREASON A0AJNsT rhNFsfk
vArrA BEEN COMMITTEDf

,r.yv mower, in which power never iaiIeo
a. .ccuse those who opposed It OF "trea-
sor" and treason Is the ever ready
n,ea of tyranny the world over. our
a,cestors shed their blood to have its
aoc,r,nes brought within defined and In
,su,sible limits: they succeeded In doing
,,,. hut II we sit idly by and see those
limits disregarded and obliterated' we
Iii ,o.e our liberties and again become
the slaves Of tyrants.
pol,man and Swartw6ut were charged
18th haing Aaron Burr's accomplices, and
their cases came before the supreme
Court OF the United States in 1907. CHER
Justice Marshall, in delivering the opin-
ion OF the court, said
GAS there is no crime which can more
excite and agitate the passions OF men
than TREASON. no charge demands more
from the tribunal before which 1t Is MADE
deliberate and temperate inquiry
whether this inquiry be directed TO the
fact or TO the law. None can be more
solemn. none more important to the ciu-
zen or TO the Government; none can more
affect the safety Of both. To prevent the
possibility OF those calamities Whlch re-
sult from the extension OF treason 10
offences Of minor Importance, that great
fundamental law which defines ana limits
,be ,,arious departments OF our Govern
ment has given a rule on the SUBJECT
both TO the LEGISLATURES and the courts
Of America. which neither can be per-
mitted 70 transcend.
Treason against the United states
shall consist only in levying war against
them. or in adhering to their enemies
giving them aid and comfort" Cranch'
1875.
This was what treason was settled 10
be as far back as the reign OF Edward
III To put it upon an ineligible basis
our ancestors enacted the celebrated
statute Of that reign, which, after pro-
viding for certain special forms OF trea-
son. made the great. broad doctrine TO
he that stated above. Making war upon
the State or adhering 10 Its enemies
which involves the idea of intending to
overthrow the existing government
Therefore there can be no treason I'M
less there is an intention to overthrow
the government that is. This is the trea-
son of the Constitution Of the United
States. this is the treason of each State
and there can be no treason In Pennsyl-
vania or any other part Of the United
States. unless the parties charged nave
made war upon the Government. or ad-
hered to its enemies-that is, intended TO
overthrow the Government. 1t is easy
therefore. TO see that in all charges OF
treason the crucial test is, did the par
ties intend to subvert and overthrow
the Government? If they had this inten-
ton, they are guilty OF treason. II TINS
intention was wanting. however riotous
and lawless they may have been, there
is no treason.
The social disturbances in Great Brit
ain between 1910 and 1890 produced trial
for high treason in Scotland in 1920, which
was held by a special commission, com
posed Of the most eminent men in Scot
land OF the day. The Lord President OF
the Commission, in charging the grand
Jury. made a most luminous definition
and explanation of the law Of treason,
which is just as much the law of Penn
sylvania now as it was the law of Great
Britain then, and it might have been
written for the Homestead case. lie
said:
Gentlemen, 1t may be useful to say
few words on the distinction between
levying war against the King and COM
hitting q riot. The distinction seems 10
consist in this, although they may often
run very nearly into each other: Where
the rising or tumult Is merely 10 accom-
plish some private purpose, interesting
only to those engaged In 1t, and not re-
sisting or calling in question the King
authority or prerogative, then the tu-
multi however numerous or outrageous
the mob may be, Is held only to be
riot. For example, Suppose mob to
rise, and even by force of arms to break
into particular prison and rescue GER
tain persons therein confined; or TO oblige
the magistrates to set them at liberty;
or to lower the price Of provisions in a
certain market; or to tear down certain
Enclosures which they conceive to en-
croach on the towns common. All such
acts, though severely punishable, and
though they may be resisted by force,
do not amount to treason Nothing is
pointed against either the person or
authority of the King . But,
gentlemen, whenever the rising or insur-
rection has for its object a general pur-
pose, not confined to the peculiar views
and interests OF the persons concerned in
it, but common to the whole community.
and striking directly against the Kings
authority or that OF Parliament, then II
assumes the character Of treason For
example: II mobs were to rise in differ
ent parts OF the country, to throw open
all Enclosures, and to resist the execu-
ton or the law regarding Enclosures
wheresoeyer attempted; to pull down all
prisons or courts Of justice; to resist all
revenue officers in the collecting OF all
or any Of the taxes; in short all risings
to accomplish general purpose or to
hinder general measure, which, by law
can only be authorized or prohibited by
authority Of the King or Parliament.
amount to levying Of war against the
King and have always been tried and
punished as treason" First State Trials
new series), p. 623. Chief Justice Mar
shalPs opinion in the case referred to
runs upon exactly the same lines.
This is the true law Of treason, and It
is as much the law OF Pennsylvania and
Of every other part Of the United States
to-day as it was of Great Britain in 1920.
1t shows that the purpose of the parties
must be a general one to resist the
authority Of the Government with a view
to overthrowing that Government. Now,
test the conduct Of the strikers at Home
stead by the principles laid down here,
and how plain 1t becomes that they have
not committed treason. How plain it be-
comes that their conduct falls within the