The star. (Reynoldsville, Pa.) 1892-1946, 1892-10-12
WHAT IS TREAsONr
a Letter on tn, Subjsot from Ex' Chief
JUS ice Agnew.

The Pittsburg Pa.) Commercial Gazetts
requested Chief Justice Agnew's opinion as
10 what constituted Treason" and received
the following reply:
To the Editor Of the Commercial Gazette.
The Commercial Gazetts asks my opinion
as TO treason against the State.
At the outset | must say / can give none
as to the Homestead cases. They are in the
hands ofthe judiciary and 1t would be im-
proper TO interfere.
"by the act Of March 81, 1900. treason Is
clessed among the crimes against the state,
and Is defined thus:
If any person owing allegiance to the
commonwealth OF Pennsylvania shall levy
war against the same, or shall adhere to the
enemies thereof giving them aid and COM
fort within the state or elsewhere, and shall
be thereof convicted on confession in open
court, or on the testimony OF two witnesses
TO the same overt act of the treason whereof
he shall stand indicted. such person shall,
on conviction, be adjudged guilty of treason
against the wealth OF Pennsylvania,
and be sentenced 10 pay fine not exceed.
ing 5000 and undergj imprisonment by
separate and solitary confinement ut labor
not exceeding twelve years
"The act is definite, The traitor Is one
who owes allegiance N the state aud is gull
ty Of breach Of it. The central thought in
treason is "A breach Of faith, of that tie Of
duty which the traitor owes 20 the state her
self, and Is not TO be confounued with a
mere violation OF the law. Treason includes
O violation of law, butt embraces more, a
violation OF faith. Its essence is treachery,
perjury. q violation Of confidence.
Treason, said g. J. Marsha ]. is n breach
OF allegiance, and caii be committed by him
only who owes allegiance, either perpetual
or temporary. In the LatiE. IL is tradere to
give up, surrender, or betray.
"Allegiantc means the ligament, tie, or
obligation Hsubiect or citizen owes 10 his
king, state or nation. Hence, treason is the
breach of this ligament, or Obligation. With
thi thought ii is easy to distinguish treason
from riot. Il lies in the purpose or intent
or the traitor to oyerturn The government, or
subvert tie law. or destroy an institution
of the state. Riot is a breach or vio a.ion
of law, but without purpose against the
state.
The whskey insurrection Of 1874 is an
Illustration ot treason. The United States
passed law 10 levy an excise on spirits.
The purpose of The insurrcctionsts was TO
resist the law itself. and compel lis abandon
ment or repeal, and for this purpose they
took up arms. IL illustrates another thought
that of class. viz: the law OF n cass-those
engaged in distillins and selling spirits.
"On the other hand the great railroad riot
of 1877 illu,trates u mere breach Of law. It's
purpose was private, TO remedy the alleged
wrongs OF the employees, aud was directed
against the railroad company, and not the
state. IL was terrible violation Of law, in
Guiding resort to arms and murder, but
the rioters had no purpose against the State
in violation OF their allegiance.
THE difference between treason and riot
lies in the purpose, public in one, private in
the other.
"RespeetfJly. &c, DANIEL AGsEw."