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ingly conceal such evil practices, prisonment at the discretion of the shall be punished by a fine not ex- court and jury trying the case, and ceeding two thousand dollars or by may be compelled to give good and imprisonment not exceeding two sufficient sureties for his or her years, or both in the discretion of good behavior during the court's the court.

pleasure, and shall be incapable of (This section was probably draft- bearing any office of honor, trust, ed by Hon. Luke E. Wright, act- or profit in the State government ing governor of the Philippines, for the space of three years. It who formerly practiced law in Ten- shall be the duty of the judge to nessee. Being familiar with the give this in charge to the grand statutes of that State, he naturally jury, and no prosecutor shall be adopted the language employed by required to an indictment under the Tennessee legislature in creat- this article. ing an enactment of similar char- (See sec. 5555, Code of Tennesacter.)

see, Milliken & Vertrees, 1884.) Rev. Stats. of the United States.

SEC. 2111. Every person who sends any talk, speech, message or letter to any Indian nation, tribe, chief, or individual, with an intent to produce a contravention or infraction of any treaty or law of the United States, or to disturb the peace and tranquillity of the United States, is liable to a penalty of two thousand dollars.

Sec. 2112. Every person who carries or delivers any talk, message, speech, or letter, intended to produce a contravention or infraction of any treaty or law of the United States, or to disturb the peace or tranquillity of the United States, knowing the contents thereof, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or State is liable to a penalty of one thousand dollars.

SEC. 2113. Every person who carries on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief, or individual, to war against the United States, or to the violation of any existing treaty; or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the

Government of the United States, is liable to a penalty of one thousand dollars.

Revised Statutes of Florida.

2376. Exciting insurrection. If any person shall excite an insurrection or sedition amongst any portion or class of the population of this State, or shall attempt by writing, speaking, or by any other means, to excite such insurrection or sedition, the person or persons so offending shall be punished by imprisonment in the State prison not exceeding twenty years. Penal Code of West Virginia

(Chapter CXLIII). SEC. 4. If any person shall attempt to justify or uphold an armed invasion of this State or an organized insurrection therein, by speaking, writing, or printing, or by publishing or circulating any written or printed document, or in any other way whatever, during the continuance of such invasion or insurrection, he shall be fined not exceeding one thousand dollars, and be confined in jail not

exceeeing twelve months. Act No. 292, Philippine Commis- Laws of Maryland. sion.

SEC. 267. If any person or per: SEC. 9. All persons who shall sons within this State shall hold meet together for the purpose of any secret or public meeting or forming or who shall form any se- unite with or belong to any secret cret society or who shall after the club or association known by him passage of this act continue mem- or them to be intended to effect, bershipin a society already formed, promote, or encourage the separahaving for its object, in whole or in tion or secession of this State from part, the promotion of treason, re- the Government or Union of the bellion, or sedition, or the promul- United States, every such person, gation of any political opinion or upon conviction thereof, shall be policy shall be punished' by a fine sentenced to confinement in the not exceeding one thousand dollars penitentiary fora term not less than or by imprisonment not exceeding two nor more than six years, or to one year, or both.

a fine of not less than five hundred or more than three thousand dollars, at the discretion of the court.

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The Supreme Court of the United States say:

“Open resistance to the measures deemed necessary to subdue a great rebellion by those who enjoy the protection of government and have not the excuse even of prejudice of section to plead in their favor becomes an enormous crime when it assumes the form of a secret political organization, armed to oppose the laws, and seeks by stealthy means to introduce the enemies of the country into peaceful communities, there to light the torch of civil war and thus overthrow the power of the United States. Conspiracies like these at such a juncture are extremely perilous, and those concerned in them are dangerous enemies to their country and should receive the heaviest penalties of the law as an example to deter others from similar criminal conduct.” (Ex Parte Milligan, 4

Wall., 130.) Act No. 292, Philippine Commis- Rev. Stats. of the United States. sion.

SEC. 5335. Every citizen of the SEC. 10. Until it bas been offi- United States, whether actually cially proclaimed that a state of resident or abiding within the war or insurrection against the au- same or in any foreign country, thority or sovereignty of the who, without the permission or United States no longer exists in authority of the Government, dithe Philippine Islands, it shall be rectly or indirectly commences or unlawful for any person to advo- carries on any verbal or written cate, orally or by writing or print- correspondence or intercourse with ing or like methods, the independ- any foreign government, or any ence of the Philippine Islands or officer or agent thereof, with an their separation from the United intent to influence the measures or States, whether by peaceable or conduct of any foreign governforcible means, or to print, pub- ment, or of any officer or agent lish, or circulate any handbill, thereof, in relation to any disputes newspaper, or other publication or controversies with the United advocating such independence or States, or to defeat the measures separation.

of the Government of the United Any person violating the provi- States; and every person, being a sions of this section shall be pun- citizen of or resident within the ished by a fine of not exceeding United States, and not duly authortwo thousand dollars and impris- ized, who counsels, advises, or asonment not exceeding one year. sists in any such correspondence

with such intent, shall be punished by a fine of not more than five thousand dollars and by imprisonment during a term not less than six months nor 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.

Laws of Maryland. SEC. 267. If any person or persons within this State shall hold any secret or public meeting, or unite with or belong to any secret

club or association known by him S. Doc. 173

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or them to be intended to effect, promote, or encourage the separation or secession of this State from the Government or Union of the United States, every such person, upon conviction thereof, shall be sentenced to confinement in the penitentiary for a term not less than two nor more than six years, or to a fine of not less than five hundred or more than three thousand dollars, at the discretion of the court. Statutes of New Jersey (chapter on

crimes). SEC. 4. If any person owing allegiance to this State shall, by speech, writing, open deed or act, advisedly and wittingly maintain and defend the authority or jurisdiction of any foreign power, potentate, republic, king, state, or nation whatsoever in and over this State, or the people thereof, such person so offending shall, on conviction, be punished by fine or imprisonment, or both, or by fine or imprisonment at hard labor, or both, the fine not to exceed four hundred dollars nor the imprisonment the term of one year.

Penal code of Virginia. SEC. 3658. Treason shall consist only in levying war against the State, or adhering to its enemies, giving them aid and comfort, or establishing, without authority of the legislature, any government within its limits separate from the existing government, or holding or executing in such usurped government any office, or professing allegiance or fidelity to it, or resisting the execution of the laws under color of its authority; and such treason, if proved by the testimony of two witnesses to the same overt act or by confession in court, shall be punished with death.

SEC. 3660. 'If any person attempt to establish any such usurped gov

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