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Linnited States - Bureau of lusulan Affair

"LAWS AGAINST TREASON,

SEDITION, ETC.

COMMUNICATION FROM THE LAW OFFICER OF THE DIVISION OF INSULAR
AFFAIRS, MAKING A COMPARISON BETWEEN THE EXISTING LAWS
OF THE UNITED STATES AGAINST TREASON SEDITION,
AND MISPRISION AND THE PROVISIONS OF ACT

NO. 292 OF THE PHILIPPINE COMMISSION.

Chars have

TRANSSURED TO HARVARO LAW LIBRARY

1st Session.

7 No. 173.

LAWS AGAINST TREASON, SEDITION, ETC.

COMMUNICATION FROM THE LAW OFFICER OF THE DIVISION OF

INSULAR AFFAIRS, MAKING A COMPARISON BETWEEN THE EXISTING LAWS OF THE UNITED STATES AGAINST TREASON, SEDITION, AND MISPRISION AND THE PROVISIONS OF ACT NO. 292 OF THE PHILIPPINE COMMISSION.

FEBRUARY 10, 1902.-Ordered to be printed as a documento

WAR DEPARTMENT,
OFFICE OF THE SECRETARY,

Washington, D. C., February 10, 1902. MY DEAR SENATOR: I have the honor to acknowledge the receipt of your request that I make a comparison between the existing laws of the United States against treason, sedition, and misprision and the provisions of act No. 292 of the Philippine Commission, entitled “An act defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances, whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovering of the same, and the violation of oaths of allegiance, and prescribing punishment therefor.

In compliance with your request, I have the further honor to transmit a copy of said act No. 292, together with the suggested comparison. Very respectfully,

CHARLES E. MAGOON,

Law Officer Division of Insular Affairs. Hon. J. B. FORAKER,

United States Senate.

[No. 292.] AN ACT defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances, whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovering of the same, and the violation of oaths of allegiance, and prescribing punishment therefor.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Every person resident in the Philippine Islands owing allegiance to the United States or the government of the Philippine

Islands who levies war against them, or adheres to their enemies, giving them aid and comfort within the Philippine Islands or elsewhere, is guilty of treason, and, upon conviction, shall suffer death, or, at the discretion of the court, shall be imprisoned at hard labor for not less than five years and fined not less than ten thousand dollars.

SEC. 2. Every person owing allegiance to the United States or the government of the Philippine Islands, and having knowledge of any treason against them or either of them, who conceals, and does not, as soon as may be, disclose and make known the same to the provincial governor in the province in which he resides, or to the civil governor of the islands, or to some judge of a court of record, is guilty of misprison of treason, and shall be imprisoned not more than seven years and be fined not more than one thousand dollars.

SEC. 3. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or of the government of the Philippine Islands, or the laws thereof, or who gives aid or comfort to anyone so engaging in such rebellion or insurrection, shall, upon conviction, be imprisoned for not more than ten years and be fined not more than ten thousand dollars.

SEC. 4. If two or more persons conspire to overthrow, put down, or destroy by force the Government of the United States in the Philippine Islands or the government of the Philippine Islands, or by force to prevent, hinder, or delay the execution of any law of the United States or of the Philippine Islands, or by force to seize, take, or possess any property of the United States or of the government of the Philippine Islands, contrary to the authority thereof, each of such persons shall be punished by a fine of not more than five thousand dollars and by imprisonment, with or without hard labor, for a period not more than six years.

SEC. 5. All persons who rise publicly and tumultuously in order to attain by force or outside of legal methods any of the following objects are guilty of sedition:

1. To prevent the promulgation or execution of any law or the free holding of any popular election.

2. To prevent the insular government or any provincial or municipal government or any public official from freely exercising its or his duties or the due execution of any judicial or administrative order.

3. To inflict any act of hate or revenge upon the person or property of any official or agent of the insular government or of a provincial or municipal government.

4. To inflict, with a political or social object, any act of hate or revenge upon individuals or upon any class of individuals in the islands.

5. To despoil, with a political or social object, any class of persons, natural or artificial, a municipality, a province, or the insular government or the Government of the United States, or any part of its property.

SEC. 6. Any person guilty of sedition as defined in section 5 hereof shall be punished by a fine of not exceeding five thousand dollars and by imprisonment not exceeding ten years, or both.

SEC. 7. All persons conspiring to commit the crime of sedition shall be punished by a fine of not exceeding one thousand dollars or by imprisonment not exceeding five years, or both.

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SEC. 8. Every person who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the United States or the insular government of the Philippine Islands or which tend to disturb or obstruct any lawful officer in executing his office, or which tend to instigate others to cabal or meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots or which tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices, shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding two years, or both, in the discretion of the court.

SEC. 9. All persons who shall meet together for the purpose of forming, or who shall form, any secret society, or who shall after the passage of this act continue membership in a society already formed having for its object, in whole or in part, the promotion of treason, rebellion, or sedition, or the promulgation of any political opinion or policy, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or both.

SEC. 10. Until it has been officially proclaimed that a state of war or insurrection against the authority or sovereignty of the United States no longer exists in the Philippine Islands it shall be unlawful for any person to advocate orally, or by writing or printing or like methods, the independence of the Philippine Islands or their separation from the United States, whether by peaceable or forcible means, or to print, publish, or circulate any handbill, newspaper, or other publication adyocating such independence or separation.

Any person violating the provisions of this section shall be punished by a fine of not exceeding two thousand dollars and imprisonment not exceeding one year.

SEC. 11. Every person who shall administer, or be present and consent to the administering of, any oath or any engagement purporting to bind the person taking the same to commit any crime punishable by death or by imprisonment for five years or more, or who shall attempt to induce or compel any person to take any such oath or engagement or who shall himself take any such oath or engagement, shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding ten years.

SEC. 12. Any person who administers or who is present at and consenting to the administering of any oath or engagement purporting to bind the person taking the same, either

1. To engage in any seditious purpose; or

2. To disturb the public peace or commit or endeavor to commit any criminal offense; or

3. To fail or refuse to inform and give evidence against any associate, confederate, or other person; or

4. To fail or refuse to reveal or discover any unlawful combination or confederacy or any illegal act done or to be done or any illegal oath or obligation or engagement which may have been administered or tendered to, or taken by, any person or the import of any such oath, obligation, or engagement;

And likewise anyone who attempts to induce or compel any person to take any such oath or engagement, and likewise any person who

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