Treason

Treason

Criminal Law: Crimes Against Government: Treason

Introduction to Treason

The crime of treason consists of attempting by overt acts to overthrow or levy war against the government, to adhere (devote) oneself to the enemies of the government, or to give aid and comfort to the enemy. To be guilty of treason, the person must intend to betray the government to which he or she owes allegiance.” (1)

Treason

Embracing mainstream international law, this section on treason explores the context, history and effect of the area of the law covered here.

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Further Reading

  • The entry “treason” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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Notes and References

Guide to Treason

 

In this Section

Crimes Against the Government (including Treason, Perjury and Bribery)

Introduction to Treason

Treason, criminal offense involving the attempt, by overt acts, to overthrow the government to which the offender owes allegiance, or to betray the state to a foreign power.” (1)

Resources

Notes and References

Guide to Treason

Treason in U.S. History

Introduction to Treason

Article III, Section 3, of the U.S. Constitution follows the English law: “Treason against the United States shall consist only in levying war against them, or in adhering to their 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.”In the early days of the American colonies the codes defining treason used such terms as desertion, mutiny, sedition, attempts to subvert or alter government, and “public rebellion.” Toward the end of the 17th century colonial law followed more closely the English law of treason. During the French and Indian War some colonies considered trading with the enemy treasonous. Massachusetts in 1706 declared “correspondence” with the enemy to be treason. During the 1680s, Virginia attempted to punish the destruction of young tobacco plants, in order to control prices, as treason. In colonial days the penalty for conviction of treason followed the English law, providing for attainder, forfeiture, or loss of property, and the loss of all rights of inheritance. The sentence included the practice of hanging and quartering. Often, however, the colonial governor received a reversal of the judgment from the Crown.Just before the American Revolution, efforts were made to prosecute certain leaders for treason. Those who participated in the Boston Tea Party and in burning the ship Gaspée in Rhode Island were suspect. Convictions could not be obtained in the colonies, because juries would not convict and witnesses could not be found even after offers were made to give cash rewards and full pardons to informers against those who burned the Gaspée.During the American Revolution, charges of treason were brought against American supporters of the British government. Congress authorized the death penalty for American soldiers who supported King George III. Several men were hanged for enlisting soldiers in the king’s army and for various other violations, such as furnishing supplies to the British. Many convicted traitors were pardoned.The most famous treasonous activity of the Revolution was the planned surrender to the British of the fort at West Point, New York, by the American general Benedict Arnold. His plan was discovered in 1780 when the British soldier John André was captured with documents detailing the surrender.In 1790, Congress fixed the penalty for treason as death by hanging. The accused was to enjoy certain procedural rights: a copy of the indictment; a list of jurors and witnesses at least three days before trial; representation by counsel; compulsory process for witnesses on behalf of the accused; and preemptory challenge of 35 members of the jury panel.Perhaps the most celebrated American trial for treason in the 19th century was that of the statesman Aaron Burr, who completed his term as vice president in March 1805. He was unpopular with many persons because he had killed Alexander Hamilton in a duel. In conspiracy with others, Burr proposed a grandiose scheme for establishing a kingdom west of the Appalachians, raiding Spanish lands, and settling the lands in the Washita Valley. Burr was tried for treason but was acquitted after a long trial. The case turned partly on the point that Burr was not present when the one overt act that was charged took place.Few cases of treason occurred in U.S. courts for more than a century after Burr’s trial. During the American Civil War, no judicial determination was made as to whether or not leaders and supporters of the Confederacy were guilty of treason against the U.S. Jefferson Davis, the president of the Confederacy, was indicted, but he never came to trial.In the 20th century, several Americans were accused of treasonous acts during World War II. Iva Ikuko Toguri D’Aquino, a Japanese American born in Los Angeles and known as Tokyo Rose, conducted broadcasts in English to American servicemen in the Pacific area. She was convicted of treason and served a long prison term. Mildred Elizabeth Gillars of Portland, Maine, known as Axis Sally, served a sentence for broadcasting for the Germans.

Resources

Notes and References

Guide to Treason

The Legal History of Treason

This section provides an overview of Treason

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading


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