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PENAL CODE OF NEW YORK.
SEC. 37. Treason defined.-Treason against the people of the State consists in
1. Levying war against the people of the State, within this State; or
2. A combination of two or more persons by force to usurp the government of the State or to overturn the same, shown by a forcible attempt, made within the State, to accomplish that purpose; or
3. Adhering to the enemies of the State, while separately engaged in war with a foreign enemy, in a case prescribed in the Constitution of the United States, or giving to such enemies aid and comfort within the State or elsewhere.
Sec. 38. Punishment of treason.—Treason is punishable by death.
SEC. 169. Conspiracies against peace, etc.— If two or more persons, being out of this State, conspire to commit any act against the peace of this State, the commission or attempted commission of which, within this State, would be treason against the State, they are punishable by imprisonment in a State prison not exceeding ten years.
PENAL CODE OF NORTH DAKOTA.
SEC. 7038. If two or more persons, being out of this State, conspire to commit any act against the peace of this State, the commission or attempted commission of which, within this State, would be treason against the State, they are punishable by imprisonment in the penitentiary not less than one and not exceeding ten years.
Sec. 7043. Every person owing allegiance to this State who levies war against it, or adheres to its enemies or gives them aid or comfort within this State, or elsewhere, is guilty of treason. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or his confession thereof in open court. Every person guilty of treason shall, upon conviction thereof, be punished by death, or, at the discretion of the court, shall be imprisoned in the penitentiary not less than five years and be forever incapable of holding any office under this State.
Sec. 7044. Every person owing allegiance to this State and having knowledge of any treason against it who conceals and does not, as soon as may be, disclose the same and make the same known to the governor or the attorney-general or to some judge of this State or of some district thereof, or to the State's attorney of some county or a magistrate thereof, is guilty of misprision of treason, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years.
REVISED STATUTES OF OHIO.
[6th Edition, 1894.]
SECTION 6806. Whoever levies war against this State, or the United States, or knowingly adheres to the enemies of either, giving them aid and comfort, is guilty of treason against the State of Ohio, and shall be imprisoned in the penitentiary during life.
SECTION 6807. Whoever, having knowledge that any person has committed treason, or is about to commit treason, willfully omits or refuses to give information thereof to the governor, or some judge of the State, or to the President of the United States, is guilty of misprision of treason, and shall be imprisoned in the penitentiary no more than twenty nor less than ten years.
GENERAL LAWS OF OREGON.
TITLE II.-OF CRIMES AND THEIR PUNISHMENTS.
CHAPTER I.-Of the crime of treason.
1710. The follow ng acts constitute the crime of treason against this State:
1. Levying war against this State within the boundaries thereof; or
2. A combination of two or more persons, by force, to usurp the government of this State, or to overturn the same, evidenced by a forcible attempt made within this State to accomplish such purpose;
3. Adhering to the enemies of this State while separately engaged in a war with a foreign enemy, in the cases prescribed in the Constitution of the United States, and giving to such enemies aid and comfort in this State or elsewhere.
1711. To constitute levying war against this State, an actual act of war must be committed. To conspire merely to levy war is not enough.
1712. Where persons rise in insurrection, with intent to prevent in general, by force and intimidation, the execution of a statute of this State, or to force its repeal, they are guilty of levying war. endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance and for a private purpose is not levying war.
1713. Every person convicted of the crime of treason shall suffer death for the same.
LAWS OF PENNSYLVANIA.
OFFENSES AGAINST THE STATE.
1. If any person owing allegiance to the Commonwealth of Pennsylvania shall levy war against the same, or shall adhere to the enemies thereof, giving them aid and comfort within the State or elsewhere, and shall be thereof convicted on confession in open court or on the testimony of two witnesses to the same overt act of the treason whereof he shall stand indicted, such person shall, on conviction, be adjudged guilty of treason against the Commonwealth of Pennsylvania, and be sentenced to pay a fine not exceeding two thousand dollars and undergo an imprisonment, by separate and solitary confinement at labor, not exceeding twelve years.
2. If any person, having knowledge of any of the treasons aforesaid, shall conceal' and not, as soon as may be, disclose and make iknown the same to the governor or attorney-general of the State or some one of the judges or justices thereof, such person shall, on conviction, be adjudged guilty of misprision of treason, and shall be sentenced to pay a fine not exceeding one thousand dollars and undergo an imprisonment by separate or solitary confinement at labor not exceeding six years: Provided always, That nothing herein contained shall authorize the conviction of any husband or wife for concealing any treasons committed by them respectively.
3. If any person or persons belonging to or residing within this State, and under the protection of its laws, shall take a commission or commissions from any person, State, or States, or other enemies of this State or of the United States of America, or who shall levy war against this State or government thereof, or knowingly and willingly shall aid or assist any enemies in open war against this State or the United States by joining their armies, or by enlisting, or procuring, or persuading others to enlist for that purpose, or by furnishing such enemies with arms or ammunition, or any other articles for their aid and comfort, or by carrying on a traitorous correspondence with them, or shall form, or be in anywise concerned in forming, any combination, or plot, or conspiracy for betraying this State or the United States of America into the hands or power of any foreign enemy, or any organized or pretended government engaged in resisting the laws of the United States, or shall give or send any intelligence to the enemies of this State or of the United States of America, or shall, with intent to oppose, prevent, or subvert the government of this Statė or of the United States, endeavor to persuade any person or persons from entering the service of this State or of the United States, or from joining any volunteer company or association of this State about being mustered into service, or shall use any threats or persuasions, or offer any bribe, or hold out any hope of reward with like intent, to induce any person or persons to abandon said service or withdraw from any volunteer company or association already organized under the laws of this Commonwealth for that purpose; every person so offending and being legally convicted thereof shall be guilty of a high misdemeanor, and shall be sentenced to undergo solitary imprisonment in the penitentiary at hard labor for a term not exceeding ten years, and be fined in a sum not exceeding five thousand dollars, or both, at the discretion of the court: Provided, That this act shall not prohibit any citizen from taking or receiving civil commissions for the acknowledgment of deeds and other instruments of writing:
4. If any person or persons within this Commonwealth shall sell, build, furnish, construct, alter, or fit out, or shall aid or assist in selling, building, constructing, altering, or fitting out, any vessel or vessels for the purpose of making war or privateering, or other purpose, to be used in the service of any person or parties whatever to make war on the United States of America, or to resist by force or otherwise the execution of the laws of the United States, such person or persons shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to undergo solitary imprisonment in the penitentiary at hard labor not exceeding ten years and be fined in a sum not exceeding ten thousand dollars, or both, at the discretion of the court.
5. No person shall within this State recruit or enlist, or attempt or offer to recruit or enlist, any man or men to serve as volunteer of any other State, or shall in any way procure or attempt to procure any man or men to leave this State for the purpose of enlisting in the vol.
unteers of any other State; and any person offending in the premises, or any of them, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to a fine not exceeding five hundred dollars and be imprisoned at hard labor for a term not exceeding twelve months; and all fines imposed under this act shall be paid to the person who shall have prosecuted the party offending to conviction.
GENERAL LAWS OF RHODE ISLAND.
TITLE XXX.-OF CRIMES AND PUNISHMENTS.
CHAPTER 275.- Of offenses against the sovereignty of the State.
SECTION 1. Every person who shall be convicted of treason against this State by levying war against the same or by adhering to the enemies of this State, giving them aid and comfort, shall be imprisoned during life.
Sec. 2. Every person who shall have knowledge of the commission of treason against this State by levying war against this State or by adhering to the enemies of the State, giving them aid and comfort, and who shall conceal the same, and shall not as soon as may be disclose and make known such treason to the governor or to some magistrate, shall be deemed guilty of misprision of treason against this state and shall be imprisoned not exceeding twenty years nor less than five years, or be fined not exceeding ten thousand dollars.
SEC. 3. No person shall be convicted of treason against this State by levying war against the same, or by adhering to the enemies of this State, giving them aid and comfort, but by testimony of two lawful witnesses to the same overt act for which he shall then be on trial, unless he shall in open court confess the same.
SEC. 4. All town meetings of the freemen, inhabitants or residents of this State, or of any portion of the same, for the election of any town, city, ward, county, or State officers, called or held in any town.or city in this State, except in the manner, for the purposes, at the times, and by the persons by law prescribed, are illegal and void, and every person who shall act as moderator, warden, or clerk in such pretended meetings hereafter to be held, or in any manner receive, record, or certify votes for the election of any pretended town, city, ward, county, or State officers, shall be deemed guilty of a misdemeanor and shall be fined not exceeding one thousand dollars nor less than five hundred dollars, and be imprisoned for a term of six months: Provided, That this section is not intended to apply to cases in which, by accident or mistake, some prescribed forms of calling town and ward meetings of the electors of the several towns and cities of this State shall be omitted or overlooked.
Sec. 5. Every person who shall in any manner signify that he will accept any legislative, executive, judicial, or ministerial office by virtue of any pretended election in any such pretended town, ward, or other meetings, or shall knowingly suffer or permit his name to be used as a candidate therefor, shall be adjudged guilty of a high crime and misdemeanor and be fined not exceeding two thousand dollars and be imprisoned for the term of one year.
SEC. 6. Every person, except he be duly elected thereto according to the laws of this State, who shall assume or exercise any of the legislative, executive, or ministerial functions of the office of governor, lieutenant-governor, senator, member of the house of representatives, secretary of state, attorney-general, or general treasurer of this State, within the territorial simits of the State, as the same are now actually had and enjoyed, either separately or with others, or shall assemble with others for the purpose of exercising any of said functions, shall be imprisoned during life.
Sec. 7. Such meetings as are described in section four of this chapter, and also all meetings of persons other than those authorized by law calling themselves when collected or claiming to be the general assembly of this State or either house thereof, are hereby declared to be riotous, tumultuous, and treasonable assemblies, and the commander in chief, the sheriff of any county, or any deputy sheriff, any justice of the supreme court, the mayors of the cities of Providence and Newport, or in their absence the boards of aldermen of said cities, are hereby authorized and required to command such assemblies or any of them to disperse, and if they do not forthwith obey said command, then, by the civil posse, or, if they deem it necessary, by calling out and using for that purpose the whole or any portion of the military force of this State within their respective jurisdictions that they or either of them may deem sufficient therefor, to disperse such assemblies or any of them within their jurisdictions, and all such officers, civil and military, and persons under their command, are hereby directed to govern themselves accordingly.
CRIMINAL STATUTES OF SOUTH CAROLINA (1894).
SECTION 198. If any two or more persons shall band or conspire together, or go in disguise upon the public highway or upon the premises of another, with intent to injure, oppress, or violate the person or property of any citizen because of his political opinion or ħis expression or exercise of the same, or shall attempt, by any means, measures, or acts, to hinder, prevent, or obstruct any citizen in the free exercise and enjoyment of any right or privilege secured to him by the Constitution and laws of the United States or by the constitution and laws of this State, such persons shall be deemed guilty of a felony, and on conviction thereof be fined not less than one hundred or more than two thousand dollars or be imprisoned not less than six months or more than three years, or both, at the discretion of the court, and shall thereafter be ineligible to and disabled from holding any office of honor, trust, or profit in this State.
INSURRECTION OR REBELLION.
SEC. 209. Whenever, by reason of unlawful obstructions, combinations or assemblages of persons, or rebellion against the authority of the government of this State, it shall become impracticable, in the judgment of the governor of the State, to enforce by the ordinary course of judicial proceedings the laws of the State within any county or counties of the State, it shall be lawful for the governor of the State to call forth the militia of any or all of the counties in the State and