treason

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treason,

legal term for various acts of disloyalty. The English law, first clearly stated in the Statute of Treasons (1350), originally distinguished high treason from petit (or petty) treason. Petit treason was the murder of one's lawful superior, e.g., murder of his master by an apprentice. High treason constituted a serious threat to the stability or continuity of the state. It included attempts to kill the king, the queen, or the heir apparent or to restrain their liberty; to counterfeit coinage or the royal seal; and to wage war against the kingdom. Especially cruel methods were used in executing traitors. Court decisions developed the English law of treason into an instrument for suppressing resistance to governmental policy. Any degree of violence in expressing opposition to parliamentary enactments was held to be a levy of war and a threat to the king's life. In the 19th cent., the English law was reformed; petit treason was abolished, cruel methods of executing traitors were forbidden, and many types of treason (e.g., counterfeiting) were made felonies that involved a lesser penalty than death. To avoid the abuses of the English law, treason was specifically defined in the U.S. Constitution (definitions of other crimes were not deemed necessary). Article 3 of the Constitution thus provides that treason shall consist only in levying war against the United States or in giving aid and comfort to its enemies and that conviction may be had only on the testimony of two witnesses to the same overt act or on confession in open court. There have been fewer than 40 federal prosecutions for treason and even fewer convictions. Several men were convicted of treason in connection with the Whiskey Rebellion (1794) but were pardoned by George Washington. The most famous treason trial, that of Aaron BurrBurr, Aaron,
1756–1836, American political leader, b. Newark, N.J., grad. College of New Jersey (now Princeton). Political Career

A brilliant law student, Burr interrupted his study to serve in the American Revolution and proved himself a valiant soldier in
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 in 1807, resulted in acquittal. Politically motivated attempts to convict opponents of the Jeffersonian Embargo Acts and the Fugitive Slave Law of 1850 all failed. In the 20th cent., treason has become largely a wartime phenomenon, and the treason cases of World Wars I and II were of minor significance. Most states have provisions in their constitutions or statutes similar to those in the U.S. Constitution. There have been only two successful prosecutions for treason on the state level, that of Thomas Dorr in Rhode Island and that of John Brown in Virginia.

Bibliography

See M. Boveri, Treason in the Twentieth Century (tr. 1961); J. W. Hurst, The Law of Treason in the United States (1971); C. Pincher, Traitors (1987).

Treason

See also Treachery.
Arnold, Benedict
(1741–1801) American Revolutionary general who plotted surrender of West Point to British. [Am. Hist.: Benét, 52]
Burgundy, Duke of
fights for English, then joins French. [Br. Lit.: I Henry VI]
Carne, Caryl
traitor to country. [Br. Lit.: Springhaven]
Christian, Colonel William
executed for treason. [Br. Lit.: Peveril of the Peak, Walsh Modern, 96]
Edmund
“a most toad-spotted traitor.” [Br. Lit.: King Lear]
Nolan, Philip
deserts the U.S. Army to join Burr’s conspiracy. [Am. Lit.: Hale The Man Without a Country in Magill I, 553]
Quisling, Vidkun
(1887–1945) Norwegian fascist leader; persuaded Hitler to attack Norway. [Nor. Hist.: Flexner, 444]
Vichy
seat of collaborationist government after German occupation (1941). [Fr. Hist.: Brewer Dictionary, 1128]
Wallenstein, Count
powerful German general in Thirty Years’ War who corresponded with the Swedish enemy. [Ger. Drama: Schiller Wallenstein in Magill II, 1119]

treason

violation or betrayal of the allegiance that a person owes his sovereign or his country, esp by attempting to overthrow the government; high treason
References in periodicals archive ?
The Framers, by omitting "any provision analogous to that in English law which punished compassing the death of the king[,] removed the foundation on which the English judges had built much of the reprobated structure of 'constructive' treasons.
The elimination of compassing-thought treasons in the United States takes the wind out of Fletcher's sails by ruling out the historic category of cases that would have been most likely to violate the harm principle.
Harsh and public punishment of traitors may serve as an effective deterrent against future treasons.
More positively, prosecution could deter treasons by reinforcing societal identity and cohesion, as just discussed, thus making individuals less prone to a desire to betray their community.
Despite the intended deterrent effect of prosecution, the government might actually signal weakness sufficient to spark, rather than deter, additional treasons.
Supreme Court would face a difficult question in evaluating the death penalty for non-death-causing treasons.
The Article also argues that many terrorist actions are appropriately punished as treason, either as acts of levying war against the United States or of adhering to their enemies.
This provision is the Treason Clause of Article III:</p> <pre> Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood,
3) </pre> <p>The Treason Clause, by its very terms, complicates both the liberal and conservative positions.
The Treason Clause is one of the great forgotten clauses of the Constitution, and many well-trained lawyers might be surprised to learn that it even exists.
This Article seeks to place the Treason Clause at the heart of our thinking about the constitutional issues raised by the "war on terror," with particular emphasis on the "enemy combatant" issue.