Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-01-07
poLlrICAL SCIENCE.

The history Of the English law Of
treason illustrates the Development Of
kingly power ana also the growth and
fluctuations OF constitutional liberty
among the AnRio-saxon race.
Among the early Angio-saSons there
was scarcely such thing as treason.
Tho King was merely head Of the race
In kInship The iater close alliance be-
tween church and state. the creation of
a nobility dependent upon the kim.
and the Increase Of territory due 20 the
kings growing control Of the folkland.
or common. the conquest u the Dane
law. or eastern land. and the growth N
the kings power over his vnssaia and
knights. ~ chief lord.-all these causes
gradually strengthened the position ~
the Angio.saxon king. until. In place
Of being simply the chief counsellor In
war he became. IN law. Identical with
the state Itself. In the days u the Nor
man and many later kings.
TO determine what constituted trca-
son was often a pcrpicxing question TO
the courts Of England. before the act u
1875 In tho rclFn Of william and Mary.
put an end to the iniaultnua system 81
conducting trials for that oncnsc This
act allowed tho prisoner TO employ
counsel. to compel the attendance OF
witnesses. and 20 receive a copy ~ the
Indictment against him i've days. and
names ~ the Jury chosen. two days be-
fore the trial Two witnesses must
testify TO the treason " the accused
and no evidence not specified In the In
dlcimcnt could be introduced. No
prosecution for treason could be COM
mcnced after three years from the COM
mission 81 the ofrcnsc. except FOR an
attempt on the kings life.
II viii be observed that this old Eng
iish statute OF treason Safeguards the
person accused. almost 40 much az does
our own constitutional provision tquot-
cd below our school histories and
our textbooks ON ciyil government.
however. leave ON the mind ~
the reader tho impression that
In England treason was. at the
time ~ the framing ~ the American
constitution. a vague. undcnnablo
crime, TO be interpreted according To
the viii Of the rclFnlnR monarch. This
Il true only OF very old English law.
Thus Alfrcd's law Of treason (about the
year 500 waa aA follows:
~ any man plot against the kings
lie, Of himself. or by harborlng Of cx-
Hes or of his men. bet him be liable In
his life. ana In an that he has"
In 1883 rclgn or Edw. III. by the
statute of TrcnFons." the oncnnc was
limited 60.
/. Comprising The death Of the king.
queen, or their eldest son
:. Violating the queen. the kings cid-
est unmarried daughter. or his eldest
sons wife.
D. LevyinR war against the king In
his realm or ndherlng To his foes
T. cOunterf.itinR his seal OF money.
or Importing false money.
-. Staying the chancellor. treasurer
or Judges In the discharge of their duty.
Tho aim OF tho statute seems to have
been to protect tho king rather than
the state: and the courts held that "a
conspiracy to levy war against the
state. or an actual Instruction 10 alter
tho constitution or 10 repeal existing
laws, was evidence of composing tho
kings death. ON this ground. the fol.
lowing convictions were obtained.
Norfolk u55s). who had Intrigued To
marry Elizabc,h's rival, Mary Queen
" Scots.
Essex deoD, who had gathered an
armed force with the intention OF re-
moving his enemies from the royal
council.
Russell uesD. who seems to have
merely ngltatcd FOR new parliament.
Algcrnon Sidney OeSO. who was con-
dcmncd for writing a treatise asserting
the responsibility of kings To their sub
jects.
Henry VII, IN 1884, had declared II
treason 10 wish injury to the sovereign
or TO deny any Of his titles all who de-
MED. and later. an who affirmed. tho
validity Of his marriage with Anne
lloleyn. were subject to the penalties
OF treason. Elizabeth u56O made Il
treason 10 call the queen hereto or
ururpcr. or 10 bring papal bulls into
England. IN i'is tho riot act replaced
much ~ the statute OF treason. In
1875 a crime called trcason-felony. not
necessarily punishable by death. took
the place u a part OF the former high
treason ononscs. in 1870 forfclturcs for
treason were abolished.
Tho United States began. a little In
advance. perhaps. NJ where English
LEGISLATION on TREASON at the end of tho
EIrhtccnth century had ioft on. by On.
acting In the national Constitution.
'rrcnnon against the United states
fhull consist uuly In levyng war
against them cor IN Adherlng 10 thrlr
choinlrh or iu SWING them aid and com.
tort No person shall be- convicted of
treason unless un tho testimony of two
Witnesses 10 the same overt act In open
court
"congrcsa shall have power to declare
me punishment uf treason. but no at
lander NJ treason shall work corrun-
ton uf blood. ur forfeiture, excopt dtr.
ing the lie of the person attainted. .
Constitution, An. IN. See. 8.
II appears that an overt act Is necos.
starry To constitute treason In this
country and % has been held that a
mere conspiracy 10 subvert the govern.
mcnt, II not accompanied by an actual
lcyylng OF war Is not treason. War
however II considered to be levied
when men are assembled with the In.
tent OF edectIng by force treasonable
purpose; nr'l traitors comprise al per.
sons who then perform any act how