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The National Government conceded belligerent rights to the armies of the Confederate States; and acts of a strictly military character, performed under military authority, Lay be protected by reason thereof. U. S. v. Morrison (C. C. 1869), Fed. Cas. No. 15,817.

The whole existence of the Confederate Government was a continued rebellion against the lawful Government of the United States; and no one can be protected by the sanction of its authority save in acts of war. Id.

Rebellion, whether conducted on land or sea, is felonious and treasonable, and punishable by death. The Ambrose Light (D. C. 1885), 25 Fed. 408, 427.

Secession ordinances as defense.-The ordinances of secession of the States in rebellion do not furnish any defense to their citizens for treasonable acts against the United States Government. U. S. v. Cathcart (C. C. 1864), Fed. Cas. No. 14,756.

Merger of treason against State in treason against United States.-Treason begun against a State may be mixed up or merged in treason against the United States. If the treasonable purpose be to overthrow the Government of the State, and forcibly to withdraw it from the Union, and thereby to prevent the exercise of the national sovereignty within the limits of the State, this would be treason against the United States. Charge to Grand Jury, Treason (C. C. 1842), Fed. Cas. No. 18,275.

If the troops of the United States should be called out by the President upon the application of a State legislature or executive, to protect the State against domestic violence, and there should be an assembly of persons with force to resist and oppose the United States troops, this would be treason against the United States, although the primary intention of the insurgents may have been only to overthrow the State government or the State laws. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,272. See, also, Charge to Grand Jury (C. C. 1842), Fed. Cas. No. 18,275.

Revolutionizing Territory as means for foreign expedition.-The act of revolutionizing a Territory of the United States, though only as a means for an expedition against a foreign power, is treason. U. S. บ. Burr (C. C. 1807), Fed. Cas. No. 14,692a.

Quashing indictment.-On motion to quash an indictment for treason, held, that defendant's counsel would be required to file with the clerk a formal statement of the grounds on which the motion was based. Case of Davis (C. C. 1867-1871), Fed. Cas. No. 3,621a.

Evidence. It is not competent, on a trial for treason, to prove that the accused, in the course of the insurrection, joined with others in robbing the mails, when a separate indictment for that offense is already pending against him. U. S. v. Mitchell (C. C. 1795), Fed. Cas. No. 15,789.

Where it was claimed that a circular letter had been written by leaders of an insurrection calling citizens to assemble with arms, etc., held, that a copy thereof was not admissible, unless it was proved to be one of the coples actually circulated. Id.

Where it is shown by the evidence of several witnesses that accused was present and took part in a treasonable conspiracy, proof by two or more witnesses that he marched as a volunteer with arms and in military array, with a party which actually used force to prevent the execution of an act of Congress, is sufficient without proof by two witnesses that he was actually present when the acts of violence were committed. Id.

On the trial of a person indicted for treason in levying war against the United States, the court can not control the order of proof to the extent of requiring the prosecution to prove the overt act charged, before proving the intention with which such act was committed. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,692h (C. C. 1807), Id. 14,693; Same v. Lee (C. C. 1814), Id. 15,584.

A person will not be held to trial for treason in levying war against the United States on an affidavit that he is enlisting men for such purpose, without proof of the actual embodying of men, where ample time is given to get such proof. U. S. v. Burr (C. C. 1807), Fed. Cas. No. 14,692a.

Facts out of the district may be proved after the overt act as corroborative evidence of the intention. Id.

The overt act of levying war must be proved by two witnesses before testimony is admissible relative to the conduct or declarations of the prisoner elsewhere, and subsequent to the overt act charged. Id.

Proof of remote intentions may be relevant by proof of the continuance of the intention, and consequently is admissible.

Id.

Query, whether, after proving a connection for some general object between persons accused of treason in levying war, the conversations of one with third persons may be given in evidence against the other to prove what that object was. Id.

The declaration of the prisoner accompanying the overt act charged may be proved to show his intention in doing it;

but his confession of committing such act is not admissible. U. S. v. Lee (C. C. 1814), Fed. Cas. No. 15,584.

Everything tending to show that there was an intention to make public resistance to a law of the United States is entirely evidence in chief, and can not be received in rebuttal. U. S. v. Hanway (C. C. 1851), Fed. Cas. No. 15,299.

Facts occurring and rumors prevalent in the neighborhood which would explain certain particulars relied upon to show

treasonable intent, and make them show a different intent, though a long time in advance of the alleged treasonable occurrence, are admissible. Id.

Direct proof of the purpose, however, is not legally necessary. The concert of purpose may be deduced from the concerted action itself, or it may be inferred from facts occurring at the time, or before or afterwards. Charge to Grand Jury, Treason (C. C. 1851), Fed. Cas. No. 18,276.

2842. Penalty for treason.-Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Sec. 2, Criminal Code, act of March 4, 1909 (35 Stat. 1088).

Besides other penalties, the discharge or dismissal of any person from the military forces on the ground that he is guilty of treason terminates his insurance and bars all rights to compensation or insurance under the war risk insurance act, ante, 1917.

Notes of Decisions.

Death penalty.-Where the treason consists in engaging in or assisting a rebellion or insurrection, the death penalty can not be inflicted, under act of July 17, 1862. U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.

Disqualification from holding office.Quære, whether the constitutional disqualifications from holding office by having

engaged in rebellion (Amendment 14) operates to exempt from prosecution for treason. Case of Davis (C. C. 1867-1871), Fed. Cas. No. 3,621a.

Jurisdiction.-See charge to grand jury, Treason (C. C. 1861), Fed. Cas. No. 18,270. Confiscation of property, etc., under former laws. See notes under 2848, post.

2843. Recruiting for service against the United States.-Whoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not more than one thousand dollars and imprisoned not more than five years. Sec. 7, Criminal Code, act of March 4, 1909 (35 Stat. 1089).

Notes of Decisions.

Statute as reaching acts not deemed treasonable.-This section was intended to reach acts not deemed treasonable under

the statute. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,272.

2844. Enlisting to serve against the United States.-Every person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years. Sec. 8, Criminal Code, act of March 4, 1909 (35 Stat. 1089).

2845. Criminal correspondence with foreign governments.-Every citizen of the United States, whether actually resident or abiding within the same, or in

any place subject to the jurisdiction thereof, or in any foreign country, without permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. Sec. 5, Criminal Code, act of March 4, 1909 (35 Stat. 1088).

Notes of Decisions.

Letters urging acknowledgment of independence of insurgents. It is an offense punishable by fine and imprisonment, under the act of 1799 (1 Stat. 618), for a citizen of the United States, at a time when a part of the inhabitants of the United States

are in rebellion against the Government, to write letters to a member of the British Parliament, urging that body to acknowl edge the independence of the insurgents, Charge to Grand Jury, Treason and Piracy (C. C. 1861), Fed. Cas. No. 18,277.

2846. Misprision of treason.--Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not,. as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years and fined not more than one thousand dollars. Sec. 3, Criminal Code, act of March 4, 1909 (35 Stat. 1088).

Notes and Decisions.

Persons guilty of offense.-Persons who have any knowledge of acts of treason, and do not as soon as possible make it known in the manner prescribed by sec. 2, act of

2847. Vacant.

Apr. 30, 1790, are guilty of misprision of treason. Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,270.

2848. Inciting or engaging in rebellion or insurrection.-Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States. Sec. 4, Criminal Code, act of March 4, 1909 (35 Stat. 1088).

See notes under 2841, ante.

Notes of Decisions.

Former law as limited to persons owing allegiance. The general terms of the former statute relating to the same offense held limited to persons owing allegiance to the United States, either perpetual or temporary. U. S. e. Wiltberger (1820), 5 Wheat. 76, 97, 5 L. Ed. 37.

Dispatching vessel ultimately intended to carry cargo to blockaded port.-The act of dispatching an American vessel in ballast from a port of the United States with an immediate destination to a neutral port, and an ulterior destination, with cargo taken in at such neutral port, to a blockaded port, is an offense against the United States un

der this section. (1863) 10 Op. Atty. Gen. 513.

Indictment.-On indictment under sec. 2, act of July 17, 1862, need not use the phrase "levying war specifically; it is sufficient to follow the language of the act.

U. S. v. Greathouse (C. C. 1863), Fed. Cas. No. 15,254.

Confiscation of property under former law. See Bigelow v. Forrest (1869), 76 U. S. (9 Wall.) 339, 19 L. Ed. 696; [C. S. p. 12,497.]

2849. Seditious conspiracy.—If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars, or imprisoned not more than six years, or both. Sec. 6, Criminal Code, aet of March 4, 1909 (35 Stat. 1089).

Notes of Decisions.

Offense in general.-To constitute the offense, there must be a conspiracy to resist generally and publicly by force, and an actual resistance by force or by intimidation of numbers, a law of the United States. U. S. v. Hanway (C. C. 1851), Fed. Cas. No. 15,299.

A conspiracy to resist by force the execution of such law in particular instances only, for personal or private purposes only, is not treason. U. S. v. Hanway (C. C. 1851), Fed. Cas. No. 15,299; Same v. Hoxie (C. C. 1808), Id. 15,407.

A conspiracy by force to prevent, hinder, and delay the execution of the joint resolution of Congress of April 6, 1917, declaring a state of war to exist with Germany, is a conspiracy relating to a "law," in view of section 7, Article I, of the Constitution, a joint resolution having the effect of a law. Wells v. U. S. (C. C. A. 1919), 257 Fed. 605.

A conspiracy to prevent by force private individuals from producing goods to fulfill their contracts with the Government is not punishable under this section, applying to conspiracy to prevent the execution of the laws of the United States, since this section is limited to obstructions of the laws by the officers of the Government charged with that duty. Haywood v. U. S. (C. C. A. 1920), 268 Fed. 795.

Overt act.-Prior to act of July 31, 1861, of which this section is a part, there was no law for punishing treasonable combinations or conspiracies which were not consummated by an overt act. The statute of that date, however, makes criminal not only combinations to overthrow the Government, but conspiracies or mutual agreements, whether by few or many, whether public or private, forcibly to resist, or even to delay, the execution of any law. Charge

to Grand Jury, Treason and Piracy (C. C. 1861), Fed. Cas. No. 18,277; Charge to Grand Jury, Treason (C. C. 1861), Fed. Cas. No. 18,272.

Evidence that one gave his sanction to the listing and pledging of men under oath to resist the military authorities by blowing up bridges and seizing arms and ammunition in the possession of soldiers, that he advised with others in connection therewith and stated that he could control certain men, and ordered a contract in reference to the conspiracy to be written out with another person engaged in the same work, is sufficient to sustain a conviction for seditious conspiracy under section 6 of the Criminal Code (35 Stat. 1088, 1089). It is unnecessary to prove accomplishment of the design of the conspiracy. Goldman v. U. S., 245 U. S. 474, 38 Sup. Ct. 166; Phipps v. U. S., 251 Fed. 879.

Opposing authority of Government or preventing, hindering, or delaying execution of law. The ill treatment of Chinese in this country, and their expulsion from a town where they reside, is not, in itself, opposing by force the authority of the United States, or preventing the execution of any law thereof, within this section, and such acts are not punishable thereunder. Baldwin v. Franks (1887), 120 U. S. 678, 7 Sup. Ct. 656, 657, 32 L. Ed. 766, reversing judgment In re Baldwin (C. C. 1886), 27 Fed. 187. Compare Anderson v. U. S. (C. C. A. 1920), 269 Fed. 65, where an indictment under this section against members of the I. W. W. was held good and this case distinguished.

A conspiracy or agreement of two or more persons to drive the Chinese out of the United States, or to maltreat or intimidate them, with a view of constraining them to depart therefrom, is prima facie a

conspiracy to prevent and hinder the execution, operation, or fulfillment of a law of the United States, namely, the treaties with China of 1868 and 1880, and is an in

dictable offense under this section.
Impaneling and Instructing the
Jury (D. C. 1886), 26 Fed. 749.

In re

Grand

2850. Injury to war materials, premises, etc.-That when the United States is at war, whoever, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, shall willfully injure or destroy, or shall attempt to so injure or destroy, any war material, war premises, or war utilities, as herein defined, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than thirty years, or both. Sec. 2, act of Apr. 20, 1918 (40 Stat. 534).

2851. Furnishing defective material, tools, etc.-That when the United States is at war, whoever, with intent to injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, shall willfully make or cause to be made in a defective manner, or attempt to make or cause to be made in a defective manner, any war material, as herein defined, or any tool, implement, machine, utensil, or receptacle used or employed in making, producing, manufacturing, or repairing any such war material, as herein defined, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than thirty years, or both. Sec. 3, act of April 20, 1918 (40 Stat. 534).

Notes of Decisions.

Attempt.-A conviction can be had for an "attempt" under this section, where the evidence shows a willful advising, so

liciting, and attempt to influence another to commit the felony named in the act. U. S. v. De Bolt (D. C. 1918), 253 Fed. 78.

2852. Definitions.-That the words "war material," as used herein, shall include arms, armament, ammunition, live stock, stores of clothing, food, foodstuffs, or fuel; and shall also include supplies, munitions, and all other articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or suitable for the use of the United States, or any associate nation, in connection with the conduct of the war.

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The words war premises," as used herein, shall include all buildings, grounds, mines, or other places wherein such war material is being produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy yards, camps, prisons, or other military or naval stations of the United States, or any associate nation.

The words “war utilities,” as used herein, shall include all railroads, rail. ways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such war material or any troops of the United States, or of any associate nation, are being or may be transported either within the limits of the United States or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains and pipes, structures and buildings, whereby or in connection with which water or gas is being furnished,

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