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ernment and commit any overt act therefor, or by writing or speaking endeavor to instigate others to -establish such government, he shall be confined in jail not exceeding twelve months and fined not exceeding one thousand dollars.
See Laws of Rhode Island, Chap. 30, sections 4-7. (Post p. —.) Decision of the United States Su
preme Court. Respecting the title to sovereignty and property acquired by the United States in the Philippines the Supreme Court say (see the Diamond Ring case, opinion filed Dec. 2, 1901):
“It is further contended that a distinction exists in that, while complete possession of Porto Rico was taken by the United States, this was not so as to the Philippines, because of the armed resistance of the native inhabitants to a greater or less extent.
“We must decline to assume that the Government wishes thus to disparage the title of the United States or to place itself in the position of waging a war of conquest.
“The sovereignty of Spain over the Philippines and possession under claim of title had existed for a long series of years prior to the war with the United States. The fact that there were insurrections against her or that uncivilized tribes may have defied her will did not affect the validity of her title. She granted the islands to the United States, and the grantee in accepting them took nothing less than the whole grant.
“If those in insurrection against Spain continued in insurrection against the United States, the legal title and possession of the latter remained unaffected.
“We do not understand that it is claimed that in carrying on the pending hostilities the Government is seeking to subjugate the people of a foreign country, but, on the contrary, that it is preserving order and suppressing insurrection in territory of the United States. It follows that the possession of the United States is adequate possession under legal title, and this can not be asserted for one purpose and denied for another. We dismiss the suggested distinction as untenable.”
Act No. 292, Philippine Commis- Revised Statutes of United States. sion.
SEC. 5308. Whenever during SEC. 11. Every person who shall any insurrection against the Govadminister, or be present and con- ernment of the United States, after sent to the administering of, any the President shall have declared oath or any engagement purport- by proclamation that the laws of ing to bind the person taking the the United States are opposed and same to commit any crime punish- the execution thereof obstructed able by death or by imprisonment by combinations too powerful to for five years or more, or who shall be suppressed by the ordinary attempt to induce or compel any course of judicial proceedings, or person to take any such oath or by the power vested in the marengagement, or who shall himself shals by law, any person, or his take any such oath or engagement, agent, attorney, or employee, purshall be punished by a fine not ex- chases or acquires, sells or gives, ceeding two thousand dollars or by any property of whatsoever kind imprisonment not exceeding ten or description with intent to use years.
or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein, or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and con
demned. SEC. 12. Any person who admin- SEC. 5440. If two or more peristers or who is present at, and sons conspire either to commit any consenting to, the administering of offense against the United States any oath or engagement purport- or to defraud the United States in ing to bind the person taking the any manner or for any purpose, same, either:
and one or more of such parties do 1. To engage in any seditious any act to effect the object of the purpose; or
conspiracy, all the parties to such 2. To disturb the public peace conspiracy shall be liable to a penor commit or endeavor to commit alty of not less than one thousand any criminal offense; or
dollars and not more than ten thou
3. To fail or refuse to inform sand dollars, and to imprisonment and give evidence against any asso- not more than two years. ciate, confederate, or other per- (United States Digest, vol. 3, son; or
p. 353.) 4. To fail or refuse to reveal or. A conspiracy is a combination of discover any unlawful combination two or more persons by concerted or confederacy, or any illegal act action to accomplish some criminal done or to be done, or any illegal or unlawful purpose, or to accomoath or obligation or engagement plish some purpose not in itself which may have been administered criminal or unlawful by criminal or tendered to or taken by any or unlawful means. . person, or the import of any such State v. Mayberry, 48 Me., 218; oath, obligation, or engagement: State v. Rowley, 12 Conn., 101;
And likewise anyone who at- Smith v. People, 25 Ill., 17; Comtempts to induce or compel any monwealth v. Hunt, 4 Metc. person to take any such oath or (Mass.), 111; Alderman v. People, engagement, and likewise any per- 4 Mich., 414; State v. Burnham, son who takes any such oath or 15 N. H., 396; Hinchman v. Richie, engagement, shall be punished by Bright (Pa.), 143. a fine not exceeding one thousand dollars, or by imprisonment not exceeding five years, or both.
The gist of a conspiracy is the unlawful confederacy to do an unlawful act or a lawful act for an unlawful purpose. And the offense is complete when the confederacy is made.
(Commonwealth v. Judd, 2 Mass., 337; Commonwealth v. Tibbets, 2 Mass., 538; Commonwealth v. Warren, 6 Mass., 74; People v. Mather, 4 Wend. (N. Y.), 259; State v. Cawood, 2 Stew. (Ala.), 360; State v. Rickey, 9 N. J. L. (4 Hals.), 293; State v. Buchanan, 5 Har. & J. (Md.), 317; Collins v. Commonwealth, 3 Serg. & R. (Pa.), 220. See also Republica v. Ross, 2 Yeates (Pa.), 8; Morgan v. Bliss, 2 Mass., 112; Commonwealth v. Hunt, Thach. (Mass.), Cr. Cas., 609; People v. Richards, 1 Mich., 216.)
A conspiracy is criminal when the act to be done has a necessary tendency to prejudice the public or to oppress individuals by unjustly subjecting them to the power of the confederates. Chew v. Car
lisle, Bright (Pa.), 36. The provisions of the remaining sections of said act No. 292 (13-18) are not considered as requiring comparison.
LAWS OF THE STATES OF THE UNION AGAINST TREASON AND
MISPRISION OF TREASON.
· In many of the statutes hereinafter set forth the words "levying of war” are used to describe and define the crime of treason. That an accurate understanding may be bad of what is meant by the expression “levying of war,” the following is quoted from Bouvier's Law Dictionary, edition of 1897. (See title, Treason.)
“To constitute a “levying of war there must be an assenıblage of persons with force and arms to overthrow the government or resist the laws. All who aid in the furtherance of the common object of levying war against the United States, in however minute a degree, or however remote from the scene of action, are guilty of treason." (4 Sawy., 457.) .
In ex parte Bollman et al. (4, Cranch., 75), Chief Justice Marshall said (126):
“It is not the intention of the court to say that no individual can be guilty of this crime (treason) who has not appeared in arms against his country. On the contrary, if war be actually levied—that is, if a body of men be actually assembled for the purpose of effecting 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 as traitors.” (See also Druecker v. Salomon, 21 Wis., 621.)
CODE OF ALABAMA (1896).
PROVISIONS OF THE CONSTITUTION. $19. That treason against the State shall consist only in levying war against it or adhering to its enemies, giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court.
STATUTORY PROVISIONS. 5605. Punishment of treason.- Everyone who commits the crime of treason against the State must, on conviction, suffer death, or imprisonment in the penitentiary for life, at the discretion of the jury trying the same.
REVISED STATUTES OF ARIZONA.
TITLE III. OF OFFENSES AGAINST THE SOVEREIGNTY OF THE TERRITORY. 30. Whoever unlawfully levies war against this Territory or the United States, or the inhabitants of either, or knowingly adheres to the enemies of either, giving them aid or comfort, is guilty of treason against the Territory of Arizona.
31. Any persons, including Indians, who reside within the Territory, are capable of committing treason, and allegiance to the Territory shall be conclusively presumed from a residence therein upon a trial for treason.
32. Levying war against this Territory or the United States, or the inhabitants of either, may consist of inciting, setting on foot, assisting, or engaging in any rebellion, Indian outbreak, or insurrection against the authority of the Territory or of the United States, or against the authority of the laws of either.
33. The punishment of treason shall be death.
34. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the territorial prison for a term not exceeding five years.
STATUTES OF ARKANSAS.
CRIMINAL LAW. SECTION 1912. Treason against the State shall consist only in levying war against the State or adhering to its enemies, giving aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
SEC. 1913. Any person convicted of treason shall suffer death.
SEC. 1914. Misprision of treason shall consist in the knowledge and concealment of treason actually committed by others, without otherwise assenting to or participating in the crime.
SEC. 1915. Any person duly convicted of misprision of treason shall be punished by fine not exceeding one thousand dollars and imprisonment not exceeding one year.
PENAL CODE OF CALIFORNIA.
OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE.
SECTION 37. Treason against this State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the State. The punishment of treason shall be death.
SECTION 38. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the State prison for a term not exceeding five years.
GENERAL STATUTES OF CONNECTICUT (1888).
OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE.
SECTION 1396. Every person who shall commit treason against this State, by levying war against it or by adhering to its enemies, giving them aid and comfort, shall suffer death.
SECTION 1397. Every person who shall endeavor to join the enemies of this State, or use his influence to induce any person to join, aid, or comfort them, or shall know of any person endeavoring or using such influence, or of any treason described in the preceding section, and shall conceal the same, shall be fined not more than one thousand dollars, and imprisoned in the State prison not less than three, nor more than seven years.
SECTION 1398. Every person in this State who shall, in time of war or of rebellion against this State or the United States, directly or indirectly, commence or carry on any intercourse with any enemy or rebel, or with any person, for the purpose of being communicated to him, with intent to aid him or to defeat or embarrass the