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employ such parts thereof as he may deem necessary to enforce the faithful execution of the laws or to suppress such rebellion.

SEC. 213. The governor of the State when in his judgment the public safety may require it, is hereby authorized to take possession of any or all of the telegraph lines in the State, their offices and

appurtenances; to take possession of any or all railroad lines in the State, their rolling stock, their offices, shops, buildings, and all their appendages and appurtenances; to prescribe rules and regulations for the holding, using, and maintaining of the aforesaid telegraph and railroad lines in the manner most conducive to the interest and safety of the Government; to place under military control all the officers, agents, and employees belonging to the telegraph and railroad lines thus taken possession of, so that they shall be considered a part of the military establishment of the State, subject to all the restrictions imposed by the Rules and Articles of War.

Sec. 214. The governor is authorized to employ as many persons as he may deem necessary and proper for the suppression of such insurrection, rebellion, or resistance to the laws, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

SEC. 215. If, during any insurrection, rebellion, or unlawful obstruction of the laws, as set forth in section 209 of this chapter, the governor of the State in his judgment shall deem the public safety requires it, he is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the State or any part thereof, and whenever the said privilege shall be suspended as aforesaid no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him by authority of the governor; but upon the certificate, under oath, of the officer having charge of anyone so detained that such person is detained by him as a prisoner under the authority of the governor, further proceedings under the writ of habeas corpus shall be suspended by the judge or court having issued the said writ so long as said suspension by the governor shall remain in force and said rebel lion continue.

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CODE OF TENNESSEE.

[Milliken & Vertres, 1884.]

TREASON.

5518. Every person inhabiting or residing, or voluntarily coming to inhabit or reside, within the limits of Tennessee, owes and shall pay allegiance to the government thereof.

5519. Treason against the State consists in the following acts committed by any person residing within the State and under the protection of its laws:

1. Taking a commission from or under the authority of the enemies of the State or of the United States.

2. Levying war against the State or the government thereof.

3. Knowingly and wittingly aiding or assisting any enemies at open war against the State or United States

By joining their armies;

that purpose.

By enlisting, or procuring or persuading others to enlist, for that purpose;

By furnishing such enemies with arms, ammunition, provisions, or any other article for their aid and comfort.

4. Forming, or being in any wise concerned in forming, any combination, plot, or conspiracy for betraying the State or the United States into the hands or power of any foreign enemy.

5. Giving or sending any intelligence to the enemies of the State for

5520. Every person so offending, and being thereof legally convicted by the evidence of two sufficient witnesses, or by confession in open court, shall be adjudged guilty of treason against the State, and shall suffer imprisonment in the penitentiary not less than ten or more than twenty years.

5521. If any person has knowledge of the commission of treason, and conceals the same, or does not, as soon as may be, disclose such offense to the governor, or some attorney-general or judge of the State, he is guilty of misprision of treason, and shall, upon conviction, be fined not exceeding one thousand dollars and imprisoned in the penitentiary not more than five years.

SEDITION.

5555. Whoever shall be guilty of uttering seditious words or speeches, spreading abroad false news, writing or dispersing scurrilous libels against the State or General Government, disturbing or obstructing any lawful officer in executing his office, or of instigating others to cabal and meet together to contrive, invent, suggest, or incite rebellious conspiracies, riots, or any manner of unlawful feud or differences, thereby to stir people up maliciously to contrive the ruin and destruction of the peace, safety, and order of the Government, or shall knowingly conceal such evil practices, shall be punished by fine and imprisonment at the discretion of the court and jury trying the case, and may be compelled to give good and sufficient sureties for his or her good behavior during the court's pleasure, and shall be incapable of bearing any office of honor, trust, or profit in the State government for the space of three years. It shall be the duty of the judge to give this in charge to the grand jury, and no prosecutor shall be required to an indictment under this article.

STATUTES OF VERMONT (1894).

TITLE 32.--CRIMES AND OFFENSES.

CHAPTER 211.-Treason.

SEC. 4881. A person who, owing allegiance to this State, levies war or conspires to levy war against the same, or adheres to the enemies thereof, giving them aid and comfort, within the State or elsewhere, shall be guilty of treason against this State and shall suffer the punishment of death.

SEC. 4882. Such person may be tried in any county in the State, but shall not be convicted except upon testimony equivalent to two witnesses to the same oyert act of treason of which he stands indicted, or upon confession in open court.

Sec. 4883. A person owing allegiance to this State, knowing such treason to have been committed, or knowing of the intent of a person to commit such treason, who does not within fourteen days from the time of having such knowledge give information thereof to the governor of the State, to one of the judges of the supreme court, or to a justice, shall be guilty of misprision of treason, and shall be punished by imprisonment in the State prison not more than ten years and not less than five years, and by fine not exceeding two thousand dollars, or either of said punishments, in the discretion of the court.

CODE OF VIRGINIA (1887).

OFFENCES AGAINST THE SOVEREIGNTY OF THE STATE.

Sec. 3658. Treason defined; how proved and punished.-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. 3659. Misprision of treason ; how punished.--If any person knowing of such treason shall not, as soon as may be, give information thereof to the governor, or some conservator of the peace, he shall be punished by fine not exceeding one thousand dollars or by confinement in the penitentiary not less than three nor more than five years.

Sec. 3660. Attempting, or instigating others, to establish usurped government; how punished.— If any person attempt to establish any such usurped government, 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.

SEC. 3661. Conspiring to incite the colored population to insurrection against the white population or the white against the colored; how punished.If any person conspire with another to incite the colored population of the State to acts of violence and war against the white population, or to incite the white population of the State to acts of violence and war against the colored population, he shall, whether such insurrection be made or not, be punished by confinement in the penitentiary not less than five nor more than ten years.

CODE OF WEST VIRGINIA.

CHAPTER CXLIII.-OF OFFENCES AGAINST THE SOVEREIGNTY OF

THE STATE.

1. Treason against the State shall consist in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.

S. Doc. 173 -4*

2. Whoever is guilty of treason against the State shall be punished with death, or, at the discretion of the jury, by confinement in the penitentiary not less than three nor more than ten years, and by the confiscation of his real and personal estate.

3. If any person have knowledge of any treason against the State, and shall not, as soon as may be, give information thereof to the governor or some conservator of the peace, he shall be punished by fine not exceeding one thousand dollars or by confinement in the penitentiary not less than one nor more than five years.

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 exceeding twelve months.

STATUTES OF WISCONSIN, 1898.

PROVISIONS OF THE CONSTITUTION.

Treason.-SECTION 10. Treason against the State shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No

person

shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.

STATUTORY PROVISION.

Treason.-SECTION 4510. Any person who shall be guilty of treason against the State shall be punished by imprisonment in the State prison for life.

This comparison is confined to the existing laws of the United States and States of Union. There are a number of obsolete enactments with which comparison might be made. During our entire history, whenever there has been in any community a class from whose actions or utterances danger might reasonably be apprehended, the legislative discretion has never hesitated to provide a means of protection; as, for instance, the legislation against the Tories during the Revolution; that against renegade white men who incited the Indians to outbreak and massacres; that against the negroes of the South during the years they were held in slavery; that against the Knights of the Golden Circle and similar secret societies during the civil war, and the several measures now pending in Congress to prevent the promotion of anarchy by seditious utterances. Respectfully submitted.

CHARLES E. MAGOON, Law Officer, Division of Insular Affairs.

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