4 Sec. 6. Seditious conspiracy. 7. Recruiting soldiers or sailors to serve against the United States. 8. Enlistment to serve against the United States. SEC. 1. Whoever, owing allegiance to the United States, 5 levies war against them or adheres to their enemies, giving 6 them aid and comfort within the United States or elsewhere, 7 is guilty of treason. (R. S., s. 5331.) 8 SEC. 2. Whoever is convicted of treason shall suffer 9 death; or, at the discretion of the court, shall be imprisoned 10 not less than five years and fined not less than ten thou11 sand dollars, to be levied on and collected out of any or 12 all of his property, real and personal, of which he was the 13 owner at the time of committing such treason, any sale or 14 conveyance to the contrary notwithstanding; and every per15 son so convicted of treason shall, moreover, be incapable of 16 holding any office under the United States. (R. S., s. 5332.) SEC. 1. SEC. 5331. Every person owing allegiance to the United States who levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. SEC. 2. SEC. 5332. Every person guilty of treason 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, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of commiting such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Punishment of treason. 17 July, 1862. c. 195, ss. 1, 3, v. 12, p. 589. U. S. v. The In surgents, 2 Dall., 385; U. S. V. Mitchell, 2 Dall., 348; U. S. v. Villato, 2 Dall., 370; Ex parte Bolman and Swartwout, 4 Cr., 75; U. S. v. Pryor, 3 Wash., 234; U. S. v. Hanway, 2 Wall. Jr. C. C., 139; 1 Burr's Trial, 1416; 2 Burr's Trial, 402, 405, 417; U. S. V. Hoxie, 1 Paine, 265; U. S. v. Greathouse, 2 Abb. C. C., 364; Confiscation Cases, 20 Wall., 92; Wallack et al. v. Van Riswick, 92 U. S., 202; Windsor v. McVeigh, 93 U. S., 274. 1 2 SEC. 3. Whoever, owing allegiance to the United States and having knowledge of the commission of any treason 3 against them, conceals and does not, as soon as may be, dis4 close and make known the same to the President or to some 5 judge of the United States, or to the governor or to some 6 judge or justice of a particular State, is guilty of misprision 7 of treason and shall be imprisoned not more than seven 8 years and fined not more than one thousand dollars. (R. S., 9 s. 5333.) 10 11 12 SEC. 4. Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort 13 thereto, shall be imprisoned not more than ten years or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United 16 States. (R. S., s. 5334.) 14 15 17 SEC. 5. Every citizen of the United States, whether 18 actually resident or abiding within the same, or in any 19 place subject to the jurisdiction thereof, or in any 20 foreign country, without the permission or authority of 21 the Government, directly or indirectly, commences or carries 22 on any verbal or written correspondence or intercourse with 23 any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign 24 SEC. 3. SEC. 5333. Every person, owing allegiance to the United States and having knowledge of the commission of any treason against them, who conceals, and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor, or to some judge or justice of a particular State, is guilty of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than one thousand dollars. SEC. 4. SEC. 5334. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States, or the laws thereof, or gives aid or comfort thereto, shall be punished by imprisonment not more than ten years, or by a fine of not more than ten thousand dollars, or by both of such punishments; and shall, moreover, be incapable of holding any office under the United States. (See ss. 5297-5322.) SEC. 5. SEC. 5335. Every citizen of the United States, whether actually resident or abiding within the same, or in any foreign country, who, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of, or resident within, the United States, and not duly authorized, who counsels, advises, or assists 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. (See ss. 1738, 2113.) Criminal corre- spondence 30 Jan., 1799, c. 1, v. 1, p. 613. 1 government or of any officer or agent thereof, in relation to 2 any disputes or controversies with the United States, or to 3 defeat the measures of the Government of the United States; 4 and every person, being a citizen of or resident within the 5 United States or in any place subject to the jurisdiction 6 thereof, and not duly authorized, counsels, advises, or assists 7 in any such correspondence with such intent, shall be fined 8 9 not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be con10 strued to abridge the right of a citizen to apply, himself or 11 his agent, to any foreign government or the agents thereof 12 for redress of any injury which he may have sustained from 13 such government or any of its agents or subjects. (R. S., 14 s. 5335.) 15 SEC. 6. If two or more persons in any State or Terri16 tory, or in any place subject to the jurisdiction of the United 17 States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy by war against 19 them, or to oppose by force the authority thereof, or by force 18 20 to prevent, hinder, or delay the execution of any law of the 21 United States, or by force to seize, take, or possess any prop22 erty of the United States contrary to the authority thereof, 23 they shall each be fined not more than five thousand dollars, 24 or imprisoned not more than six years, or both. R. S., s. 25 5336.) |