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Espionage Act :
Capal Zone, 2838.
Partial invalidity, 2840.
Inciting rebellion or insurrection, 2818.
Destruction of property:
Obtaining unlawful information, 2553.
eign government, 2856.
disloyalty, etc., 2857.
2837. United States defined.--The term “United States" as used in this Act includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States. Sec. 1, title XIII, act of June 15, 1917 (40 stat. 231).
2838. Jurisdiction in the Philippine Islands and the Canal Zone.—The several courts of first instance in the Philippine Islauds and the district court of the Canal Zone shall have jurisdiction of offenses under this Act committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses under this Act committed upon the high seas. and of conspiracies to commit such offenses, as defined by section thirty-seven of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, and the provisions of said section, for the purpose of this Act, are hereby extended to the Philippine Islands, and to the Canal Zone. In such cases the district attorneys of the Philippine Islands and of the Canal Zone shall have the powers und perform the duties provided in this Act for United States attorneys. Sec. 2, title XIII, act of June 15, 1917 (40 Stat. 231).
Sec. 37, act of Mar. 4, 1909 (35 Stat. 1096), establishes the penalty for a conspirator or conspirators attempting to defraud the United States.
2839. Prosecution of offenses.-Offenses committed and penalties, forfeitures, or liabilities incurred prior to the taking effect hereof under any law embraced in or changed, modified, or repealed by any chapter of this Act may be prosecuted and punished, and suits and proceedings for causes arising or acts done or committed prior to the taking effect hereof may be commenced and prosecuted, in the same manner and with the same effect as if this Act had not been passed. Sec. 3, title XIII, act of June 15, 1917 (40 Stat. 231).
2840. Partial invalidity of the Espionage Act.-If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Sec. 4, title XII, act of June.15, 1917 (40 Stat. 231).
2841. Treason defined.--Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. Sec. 1, Criminal Code, act of March 4, 1909 (35 Stat. 1088).
Notes of Decisions.
Definition.-For definition and discussion of treason, see U. S. v. Werner (D. C. 1918), 247 Fed. 708.
To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistment of
men to serve against Government is not sufficient. When war is levied, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are traitors. Any assemblage of men for the purpose of revolutionizing by force the Government estab. lished by the United States in any of its Territories, although as a step to, or the means of executing some greater projects, amounts to levying war. The traveling of Individuals to the place of rendezvous is not sufficient; but the meeting of particular bodies of men, and their marching from places of partial, to a place of general, rendezvous, is such an assemblage as constitutes a levying of war. Ex parte Bollman (1807), 4 Cranch, 75, 125, 2 L. Ed. 554.
A conspiracy to prevent by force, the execution of any one law of the United States in all cases, is a treasonable conspiracy; and if there be an actual assemblage of men for the purpose of carrying this intention into effect--that is, of acting together, and preventing by force the execution of the law generally-this consti. tutes a levying of war, and involves the crime of treason. Charge to Grand Jury, Treason (C. C. 1842), Fed. Cas. No. 18,275; Charge to Grand Jury, Fugitive Slave Law (C. C. 1851), Fed. Cas. No. 18,262; Charge to Grand Jury, Treason (D. C. 1863), Fed. Cas. No. 18,274.
The suiden outbreak of a moh, or the assembling of men, in order, by force, to
prevent the execution of a law in a par. ticular instance, and then to disperse, without any intention of continuing to gether or reassembling for defeating the law generally and in all cases, is not a levying of war such as constitutes trea. son. Charge to Grand Jury, Fugitive Slave Law (C. C. 1851), Fed. Cas. No, 18,262; Charge to Grand Jury, Treason (D. C. 1863), Fed. Cas. No. 18,274.
The combination of a body of men, with the design of seizing, and the actual seizing, of the forts and other public property of the United States, is a levying of war against the United States, and is treason. Charge to Grand Jury, Treason (C. C. 1861), Fed, Cas. No. 18,270; Id. (D. C. 1863), 18,274.
A combination to suppress the excise officers of the Government, and prevent the execution of an act of Congress, accom. panied by a display of force, consisting of a number of men arrayed in a military manner, and with arms, and by acts of violence, for the purpose of compelling an excise officer to resign his commission, is a levying of war, and constitutes treason. U. S. v. Mitchell (C. C. 1795), Fed. C'as. No. 15,788, 2 Dall. 348, 1 L. Ed. 410; Same v. Vigol (C. C. 1795), Fed. Cas. No. 16,621, 2 Dall. 346, 1 L. Ed. 409.
To go, with a large party, in arms, mar. sbaled and arrayed, to the houses of officers of the excise, and there commit acts of violence and devastation, with the a rowed object of suppressing such offices, and compelling the resignation of the officers for the purpose of nullifying an act of Coogress, is treason. Id.
Opposing, by force of arms, an act of Congress, with a view to deteating its efcacy, and thus defying the authority ef the Government is levying war against the
United States, and constitutes treason. levying of war exclusively against the sovCase of Fries (C. C. 1799), Fed. Cas. No. ereignty of a particular State. Id. 6,126.
Direct proof of the combining to prevent An insurrection to resist by force the the enforcement of a law may be found in execution of a Federal tax law, or the declared purposes of the individual party militia called out to enforce it, on any before the actual outbreak, or it may be ground whatever, is a levying of war derived from proceedings of meetings in against the United States. Case of fries which he took part openly, or wbich be (C. C. 1800), Fed. Cas. No. 5,127.
either prompted or made effective by liis A conspiracy to raise an insurrection to countenance or sanction, commending, counresist the execution of a Federal statute by seling, or instigating forcible resistance to force is only a misdemeanor. Treason is the law. Charge to Grand Jury, Treason not committed until the persons proceed to (C. C. 1851), Fed. Cas. No. 18,276. carry the intention into execution by The words “levying war," as used in the force. Id.
constitutional definition of “ treason," inEither acts of bostility and resistance to clude not only the act of making war for the Government, or a bostile intention in the purpose of entirely overturning the the body assembled, are necessary to con- Government, but also any combination vert a meeting of men with ordinary ap- forcibly to oppose the execution of any pearances into an act of levying war. A public law of the United States, with intent treasonable intent on the part of the leader, to prevent its enforcement in all cases, if uncommunicated to the assemblage, is not accompanied followed by an act ol sufficient. U. S. r. Burr (C. C. 1807), Fed. forcible opposition to such law in pursuCas. No. 14,694a.
ance of such combination. Charge to An intention to commit treason against Grand Jury, Neutrality Laws and Treason the United States by levying war, not car- (C. C. 1851), Fed. Cas. No. 18,269 ; Chargo ried out by the actual assembling of troops, to Grand Jury, Treason (C. C. 1851), Fed. is not punishable as treason. Id.
Cas. No. 18,276. The engaging or enlisting of men for levy- To be employed in actual service in an inz war against the United States, not fol. army raised to oppose the Government in lowed by a future embodying of such men, its action, or directly or indirectly to aid is not punishable as treason. Id.
or assist in the levying or embodying of a The fact of levying war may consist of military force for the subversion of the a multiplicity of acts performed in differ- Government, are plainly acts of " levying ent places by different persons, and any war," and involve the commission of the one of such persons, when leagued in the crime of treason. The constitutional defini. general conspiracy, is liable as a principal tion of treason, bowever, is of broader sigtraitor, Id.
nification, and Includes all those who join If there be an assembly of persons, with a hostile army after war is begun. Charge force, with an intent to prevent the collec- to Grand Jury, Treason (C. C. 1861), Fed. tive of lawful taxes or duties levied by Cas. No, 18,272. the Government, or to destroy all custom- All persons engaged therein are by the houses, or to resist the administration of law regarded as levying war against the justice in the courts of the United States, United States; and all who adhere to them and the assemblage proceed to execute this are to be regarded as enemies; and all who purpose by force, this is treason against the give them, in any part of the United States, United States. Charge to Grand Jury, aid and comfort come within the proviTreason (C. C. 1842), Fed. Cas. No. 18,275. sions of the act of Apr. 30, 1790, and are If the assembly is arrayed in a military guilty of treason. IQ.
A letter of marque issued by an insurmilitary form, for the express purpose of rectionary government, which has not been overawing and intimidating the public, and recognized by the legislative and executive thus attempt to carry into effect the treas. departments of the existing Government, is onable design, this will, of itself, amount no defense to treason in levying war under to a levy of war, although no actual blow be such letter. U. S. v. Greathouse (C. C. struck or engagement take place. Id. 1863), Fed. Cas. No. 15,254.
There may be treason against a State by Levying war against the United States levying war which is aimed altogether by citizens of the Republic, under the preagainst the sovereignty of the State. tended authority of the new State govern
To constitute treason against the United ment of Nortb Carolina, or of the so-called States by levying war, there must be a levy. " Confederate Government," is treason ing of war against the United States in against the United States. Shortridge v. their sovereign character and pot merely a | Macon (C. C. 1867), Fed. Cas. No. 12,812.
, if they are armed and marched in
Levying war against the United States by persons however combined and confed. erated, even though suecessful in estab lishing their actual authority in several States, is treason. Keppel v. Petersburg R. Co. (C. C. 1868), Fed. Cas. No. 7,722.
If a convention, legislature, junto, or other assemblage entertain the purpose of subverting the Government, and to that end pass acts, resolves, ordinances, or decrees, even with the view of raising a military force to carry their purpose into effect, this alone does not constitute a levying of war, Charge to Grand Jury, Treason (D. C. 1863), Fed. Cas. No. 18,274,
If a body of men be actually assembled in force, in a condition to make war, in order to overturn the Government at any one place by force, this is levying war. It is not necessary that the assemblage should be with military arms and array; numbers alone may supply the requisite force.
Adhering to onemies and giving them aid and comfort.—The going from tbe enemy's squadron to the shore for the purpose of peaceably procuring provisions for the enemy is not an act of treason; otherwise where provisions are carried toward tlie enemy with intent to supply them, though such intention is defeated, U. S. 1. Pryor (C. C. 1814), Fed. Cas. No. 16,096.
Delivering up prisoners and deserters to an enemy is treason, and nothing but a well-grounded fear of life will excuse the act. U. 8. v. Hodges (C. C. 1815), Fed. Cas, No. 15,374.
A person present, directiug, aiding, abet. ting, counseling, or countenancing the violence, or if, though absent at the time of its actual perpetration, he yet directed the act, or devised or knowingly furnished the means for carrying it into effect, and insti. gated others thereto, he is guilty of treason, Charge to Grand Jury, Treason (C. C. 1851), Fed. Cas. No. 18,276.
The words, adhering to their enemies, giving them aid and comfort," include, in general, any committed after war actually exists which indicates a want of loyalty to the Government and sympathy with its enemies, and which, by fair construction, is directly in furtherance or their hostile designs, Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No, 18,272.
Mere expressions of opinion indicative of sympathy with the public enemy are not sufficient, under the Constitution and laws, to warrant a conviction of treason. Id.
After war actually exists, it is treasonable to sell to, or provide arms or munitions of war, or military stores and supplies, including loods, odotbiog, etc., for the use of the enemy; to bize, sell, or furnish boats,
railroad cars, or otber means of transportation, or to advance money or obtain credits for the use and support of the bostile army: and to communicate intelligence to the enemy by letter, telegraph, or otherwise, relating to the strength, movements, or position of the army. Id.
Overt acts which, if successful, would advance the interests of the rebellion, amount to aid and comfort, though they failed. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.
If war be actually levied at one place. and any person actually engaged therein send them arms, money, provisions or iDtelligence for the purpose of aiding them, he is guilty. Charge to Grand Jury, Treason (D. C. 1863), Fed. Cas. No. 18,274.
And it makes no difference how distant he may be from the place of the assemblage of the enemy.
It is treason for a citizen or other person not commissioned within the United States to abet France during a maritime war with her. (1798) 1 Op. Atty. Gen. 84.
Felonious intent.-Treason in the assembling of bodies of men, arined or arrayed in a warlike manner, is determined by the intent. If the purpose be of a private nature, it is not treason, regardless of the acts actually committed; otherwise, where the intent is to effect some object of general public nature. Case of Fries (C. C. 1800), Fed. Cas. No. 5,127.
If a man joins and acts with an assembly of people, his intent is always to be considered and adjudged to be the same as theirs; and the law judges of the intent by the fact. Case of Fries (C. C. 1800), Fed. Cas. No. 5,127.
A conspiracy to resist by force the execution of a law of the United States in particular instances only, for personal or private purposes only, is not treason. U. S. 8. Hoxie (C. C. 1808), Fed. Cas. No. 15,407.
A felonious intent is necessary to commit treason. The Ambrose Light (D. C, 1885), 25 Fed. 408, 427.
Duress and compulsion.—The putting in fear which is sufficient to excuse the perpetration of a criminal act must proceed from
an immediate and actual danger threatening the life of the accused. The apprehension of the loss of property or of slight or remote injury to the person is not sufficient. U. S. v. Vigol (C. C. 1795). Fed. Cas. No. 16,621.
Except in the case of force under a persoval fear of death, a private soldier or subordinate oficer can not excuse a treasonable act on the ground of compulsion. U. S. v. Greiner (D. C. 1861), Fed. Cas. No. 15,262.
Persons regarded as enemies.-In a civil war, persons who adhere to their allegiance are not, although they reside in an insurrectionary district, regarded as enemies ; and trade with such persons, in good faith and without collusion with the enemy, is lawful, unless interdicted by tbe Govern. ment. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,271.
Overt acts.-See, also, notes under 2849, post.
It is necessary to produce two direct witnesses to the whole overt act; a conviction can not be bad on the testimony of one witness, together with circumstantial evidence, though it is well nigh conclusive. U. S. Robinson (D. C. 1919), 259 Fed. 685; compare U. S. v. Fricke (D. C. 1919), 259 Fed. 673, 677.
The fact that treagon migat jacidentally arise in the attempt to embark troops against a foreign nation, with which the United States is at peace, will not affect a previous assemblage of troops, where the treason was neither committed por intended. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,69 ta.
A person who advised or procured a warlike assemblage, charged as the overt act of treason
not be convicted of treason until after the conviction of one of those charged with the overt act. U. S, v. Burr (C. C. 1807), Fed. Cas. No. 14,693.
An indictment for levyin, war against the United States must specify an overt act, and the charge must be proved as laid. U. S. 1'. Burr (C. C. 1807), Fed. Cas. No. 14,093.
And there must be some overt act done, or some attempt made by them, with force, to execute, or toward executing, that purpose. The assembly must be in a condition to use force, and must intend to use it, if necessary, to further, aid, or arcoraplish the treasonable design, Charge to Grand Jury, Treason (C. C. 1812), Fed. Cas. No. 18,275.
W bere a body of armed men is mustered in military array for a treasonable purpose, every step which any one of them takes, by marching or otherwise, in part execution of ruch purpose, is an overt act of treason in levying war. U. S. v. Greiner (D. C. 1861), Fed. Cas. No. 15,262.
Words, oral, written, or printed, however treasonable, seditious, or criminal of themselves, do not constitute an overt act of treason. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas, No. 18,271.
Purchase of a vessel, and fitting her up for service with arms and ammunition, and the employment of men to manage it, in pursuance of a design to commit hostilities on the high seas in aid of an existing re
bellion against the United States, are overt acts of treason. U. 8. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254. Persons liable in general.-If a body of
be actually assembled to effect by force a treasonable purpose,
all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered guilty of treason. Charge to Grand Jury, Neutrality Laws and Treason (C. C. 1851), Fed. Cas. No. 18,269; Charge to Grand Jury, Treason and Piracy (C. C. 1861), Fed. Cas. No. 18,277.
An alien resident may be guilty of treason by cooperating either with rebels or foreign enemies. Charge to Grand Jury, Treason (D. C. 1803), Fed. Cas. Nos. 18,274 (C. C. 1851), 18,276.
All wlio aid in the prosecution of war levied against the United States, whether by open hostilities in the field, or by performing any part in the furtherance of the common object, however minute, or however remote from the scene of action, are guilty of treason, U. S. 19. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.
In treason there are no accessorieg. All who engage in rebellion, or who designedly give to it any species of aid and comfort, in whatever part of the country they may be, are principals. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254; Case of Fries (C. C. 1800), Fed. Cas. No. 5,127.
Persons owing allegiance.- The words "owing allegiance to the United States in this section are surplusage, since treason is breach of allegiance, and can be committed by one only who owes allegiance either perpetual or temporary. U. S. v. Wiltberger (1820), 5 Wheat. 76, 97, 5 L. Ed. 37.
People in rebellion.--'ntil belligerent rights are accorded by the political department of the Government to the State or people in rebellion, the judiciary must regard them as rebels and lawless aggressors, and apply to them the penal law. Charge to Grand Jury (C. C. 1861), Fed. Cas. No. 18,256.
Belligerent rights conceded to the Confederate States can not be invoked for the protection of persons entering within the limits of a loyal State, and secretly getting up hostile expeditions against the Government. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254,
The agreement of capitulation between Generals Sherman and Johnston was a mere military parole terminating with the war, and the persons included were liable to ar. rest for treason after the war. U. S. v. Rucker (C. C. 1866), Fed. Cas. No. 16,203.