"Treason against the state"
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  "Treason against the state"
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Kalwejt
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« on: December 07, 2017, 02:26:56 PM »
« edited: December 07, 2017, 02:28:52 PM by Lemuel Sixpack »

I noticed a number of U.S. states have laws against "treason against the state of XXX", including it being a capital offense in some.

I have two questions:

- How do you define a treason against state?
- Any instances of it being enforced, especially in more recent times?
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Helsinkian
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« Reply #1 on: December 07, 2017, 05:25:51 PM »

John Brown was executed for treason against Virginia but that was in 1859.
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Dereich
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« Reply #2 on: December 07, 2017, 05:44:48 PM »

I thought this was interesting, so I did some research and found a law review article on the subject. I wasn't able to find a free version and its 68 pages long, so I'll just highlight some of what I consider interesting.

Forty-three states have treason statutes or constitutional provisions. The states without are Hawaii, Maryland, New Hampshire, New York, Ohio, Pennsylvania, and Tennessee. Hawaii is the only state to never have a law against treason.

The legal position of treason against the states today is sort of fuzzy; treason against the states COULD be a thing, but the window of what would specifically apply as state treason would be small, as states lack jurisdiction to punish treason against the United States as a whole. Also, most of the twenty-one states which have treason as part of their constitution nowhere actually define the punishment for it. If push ever came to shove, they would likely be deemed non self-executing and not currently valid.

As for why and how long they've been there, state treason statutes go back to a June 26, 1776, resolution of the Continental Congress:

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And the topic of state treason was a hotly debated question at the Constitutional Convention. The vote on the proposal that the United States have sole power to declare punishment for treason failed 6-5.

State treason language, while mostly sticking to the "comfort or aid" language above, has changed and varied over time. For example, South Carolina's 1805 statute that made it treason to connect oneself, directly or indirectly, “with any slave or slaves in a state of actual insurrection within this state” or to “excite, counsel, advise, induce, aid, comfort or assist any slave or slaves to raise or attempt to raise an insurrection within this state.

Since the ratification of the Constitution, state courts have completed only two treason prosecutions, both of which occurred over 150 years ago. The first was Rhode Island's 1844 prosecution of Thomas Dorr; the second was Virginia's 1859 prosecution of John Brown. There were a few before the constitution as well, Respublica v. Carlisle (High Treason against Pennsylvania in 1778) being a good example. The Dorr trial is really interesting; Dorr tried to enforce a "People's Constitution" with universal manhood suffrage over the existing government still based on the royal charter. Details here. In both cases, defense counsel argued that treason could only be a federal crime and in both cases the defendants were found guilty.

There were a few more recent cases that were dropped, including some of the strikers in the Homestead Strikes. The most recent was Ohio v. Raley in 1954. In that case, three defendants were separately indicted for contempt of the Ohio Un-American Activities Commission. After having been sworn as witnesses before the Commission, the defendants each refused to testify in response to certain questions and were after charged with treason. They were found guilty, but the case was reversed on other grounds by SCOTUS.
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Kalwejt
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« Reply #3 on: December 08, 2017, 07:02:55 AM »

Impressive research, Dereich.

I understand Door's case, but I'm puzzled why Brown was convicted of treason. I mean, did he owe Virginia an allegiance or something?
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Dereich
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« Reply #4 on: December 08, 2017, 10:46:46 AM »

Impressive research, Dereich.

I understand Door's case, but I'm puzzled why Brown was convicted of treason. I mean, did he owe Virginia an allegiance or something?

The fact that John Brown wasn't a Virginian and had only been in the state for a few hours was one of defense counsel's first objections to the charges. The judge overruled the objection; the implication was that merely being in the state, rather than being a citizen or a resident, was enough a prerequisite for treason.

It's a tenuous ruling at best; common law precedent requires at least "residence" in the state to commit treason. All the federal cases before and after Brown which have touched on the subject also require residence or citizenship as a prerequisite for treason. But I don't think its the most egregious thing I've seen; I think there is some legitimate debate on the fringes of the "is this Defendant a visitor or resident" question. Of course in THIS case I don't think the judge was trying to make headway on an interesting issue of first impression so much as lead an official lynch mob against the man who threatened a slave revolt.
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FairBol
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« Reply #5 on: April 01, 2018, 06:17:21 PM »

I noticed a number of U.S. states have laws against "treason against the state of XXX", including it being a capital offense in some.

I have two questions:

- How do you define a treason against state?

Personally, I would go with the Constitutional definition of treason; levying war against the state, or "adhering to its enemies, giving them aid and comfort"
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brucejoel99
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« Reply #6 on: April 06, 2018, 10:56:13 AM »

Yes, most state constitutions include a treason provision similar to that in the U.S. Constitution, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state, & requiring two witnesses or a confession in open court. But state treason prosecutions are extremely rare; by most accounts, fewer than 30 people have ever been charged w/ treason on the state level. This rarity is due to the fact that most treason threatens the nation, not merely one state.
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wxtransit
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« Reply #7 on: April 11, 2018, 08:57:49 PM »

I wonder if this was created when a time when the states were functionally their own separate entities (confederation) and are now mostly obsolete under a federal union.
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