Treason

The offense of attempting to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power. Webster. In England, treason is an offense particularly directed against the person of the sovereign, and consists
(1) in compassing or imagining the death of the king or queen, or their eldest sen and heir;
(2) in violating the king's companion, or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir;
(3) in levying war against the king in his realm;
(4) in adhering to the king's enemies in his realm, giving to them aid and comfort in the realm or elsewhere, and
(5) slaying the chancellor, treasurer, or the king's justices of the one bench or the other, justices in eyre, or justices of assize, and all other justices assigned to hear and determine, being in their places doing their offices. 4 Steph. Comm. 185-193; 4 Bl. Comm. 76-84. "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." U. S. Co.nst. art. 3, § 3, cl. 1. See Young v. U. S., 97 U. S. 62, 24 In Ed. 992; U. S. v. Bollman, 1 Cranch, C. C. 373, Fed. Cas. No. 14,622; U. Sv. Greathouse, 4 Sawy. 457, 2 Abb. U. S. 364, Fed. Cas. No. 15,254; U. S. v. Hanway, 2 Wall. Jr. 139, Fed. Cas. No. 15,299; U. S. v. Hoxie, 1 Paine, 265, Fed. Cas. No. 15,407; U. S. v. Pryor, 3 Wash. C. C. 234, Fed. Cas. No. 16,096.

— Constructive treason. Treason imputed to a person by law from his conduct or course of actions, though his deeds taken severally dc not amount to acfual treason. This doctrine is not known in the United States.

— High treason. In English law. Treason against the king or sovereign, as distinguished from petit or petty treason, which might formerly be committed agninst a subject. 4 Bl. Comm. 74, 75; 4 Steph. Comm. 183, 184, note.

— Misprision of treason. See Misprision.

— Petit treason. In English law. The crime committed by a wife in killing her husband, or a servant his lord or master, or an ecclesiastic his lord or ordinary. 4 Bl. Comm. 75.
—Treason-felony, under the English statute 11 & 12 Viet. c. 12, passed in 1848, is the offense of compassing, devising, etc., to depose her majesty from the crown; or to levy war in order to intimidate either house of parliament, etc., or to stir up foreigners by any printing or writing to invade the kingdom. This offense is punishable with penal servitude for life, or for any term not less than five years, etc., under statutes 11 & 12 Vict. c. 12, § 3; 20 & 21 Vict. c. 3, § 2; 27 & 28 Vict. c. 47, § 2. By the stafute first above mentioned, the government is enabled to treat as felony many offenses which must formerly have been treated as high treason. Mozley & Whitley.