US Congress: Treason In Time of War Shall Be Punishable By Death #tcot


By Section 110 of Article III. of the Constitution of the United States, it is declared that:

“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. The Congress shall have power to declare the punishment of treason.”

In 1790, the Congress of the United States enacted that:

“If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States, or elsewhere, and shall be thereof convicted on confession in open Court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and SHALL SUFFER DEATH; and that if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not, as soon as may be, disclose and make known the same to the President of the United States, or some one of the Judges thereof, or to the President or Governor of a particular State, or some one of the Judges or Justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.”

JAMES MADISON in the 43d number of the Federalist says:

“As treason may be committed against the United States the authority of the United States ought to be enabled to punish it: but as new tangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free governments, have usually wreaked their alternate malignity on each other, the Convention has with great judgment opposed a barrier to this peculiar danger by inserting a Constitutional definition of the crime.”

The Constitution confines the crime of treason to two species; First, the levying of war against the United States; and Secondly, adhering to their enemies, giving them aid and comfort. In so doing the very words of the Statute of Treason of EDWARD the THIRD were adopted; and thus the framers of the Constitution recognized the well settled interpretation of these phrases in the administration of criminal law which has prevailed for centuries in England.

Treason, according to Lord COKK, is derived from trahir, signifying to betray; and trahison, by contraction, treason, is the betraying itself.

In England, high treason can only be committed against the KING, for the oath of allegiance is to the KING alone, as the only supreme Governor — he has no partners in the supremacy.

Hitherto, but few cases have occurred in the United States in which it has been necessary for the Federal Courts to act upon this important subject. In 1807 ERICK BALLMAN and SAMUEL SWARTWONT were committed to prison in the District of Columbia, on a charge of high treason against the United States. The prisoners were brought by a writ of habeas corpus before the Supreme Court of the United States. In delivering the opinion of the Court, Chief-Justice MARSHALL said:

“To constitute that specific crime for which the prisoners now before the Court have been commuted, war must be actually levied against the United States. However flagitious may be the crime of conspiring to subvert by force the Government of our country, such conspiracy is not treason. To conspire to levy war. and actually to levy war, are distinct offences. The first must be brought into operation by an assemblage of men for a purpose, treasonable in itself, or the fact of levying war cannot have been committed.” * * * * * * * “It is not the intention of the Court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men Be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assembling of men for a treasonable purpose to constitute levying of war. Crimes, so atrocious as those which have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not ripened into treason. The wisdom of the Legislature is competent to provide for the case.”

In the case of The United States vs. FRIES, Mr. Justice CHASE said on the trial, and stated the opinion of the Court to be,

“That if a body of people, conspire and meditate an insurrection to resist or oppose the execution of any statute of the United States by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed neither lessens or increases the crime — whether by one hundred or one thousand persons is wholly immaterial;”

* * * “and that it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention will constitute the crime of levying war.”

In the case of the United States vs. AARON BURR, Chief-Justice MARSHALL said:

“There is no difficulty in affirming that there must be a war, or the crime of levying it cannot exist; but there would often be considerable difficulty in affirming that a particular act did or did not involve the person committing it in the guilt and in the fact of levying war. If, for example, an army should be actually raised for the avowed purpose of carrying on open war against the United States and subverting their Government, the point must be weighed very deliberately before a Judge would venture to decide that an overt act of levying war had not been committed by a Commissary of purchases who never saw the army, but who, knowing its object, and leaguing himself with the rebels supplied that army with provisions; or by a Recruiting-officer, holding a commission in the rebel service, who, though never in camp, executed the particular duty assigned to him.”

This able jurist, in the same case, states that the term “levying war,” as used in the Constitution of the United States, was unquestionably employed in the same sense in which it was understood in England and in this country, to have been used in the Statute of EDWARD III., from which it was borrowed, and refers to principles laid down by COKE, HALE, FOSTER, BLACKSTONE and HAWKINS.

FOSTER says:

“Attacking the King’s forces, in opposition to his authority, upon a march or in quarters, is levying war.”

And also that

“Holding a castle or fort against the King or his forces, if actual force be used in order to keep possession, is levying war.” — Sec. 4 Cranch Reps. 75, 137, Appendix 470-507.

FOSTER further states, in his valuable Treatise on Treason, that all insurrection, to effect certain innovations of a public and general concern, by an armed force, to be, in construction of law, high treason within the clause of levying war. He farther says:

“An assembly armed and arrayed in a warlike manner for a treasonable purpose is bellum, levatum, though not bellum percussum; listing and marching are sufficient overt acts, without coming to a battle or action. So cruising on the King’s subjects, under a French Commission, France being then at war with us, was held to be adhering to the King’s enemies, though no other act of hostility be proved.” — See 4 Cranch, pp. 478,479:

Lord COKE says: “If many conspire to levy war, and some of them do levy the same, according to the conspiracy this is high treason in all.” “Why? Because all were legally present when the war was levied? No. “For in treason,” continues Lord COKE, “all be principals and war is levied.” This doctrine of Lord COKE has been adopted by all subsequent writers; and it is generally laid down in the English books that whatever will make a man an accessory in felony will make him a principal in treason:

“It is well known,” says FOSTER, ” that in the language of the law there are no accessories in high treason — all are principals. Every instance of incitement, aid, or protection, which in case of felony will render a man an accessory before or after the fact, in the case of high treason, whether it be treason at common law or by statute, will make him a principal in treason.”

“The propriety of investing the National Government.” says Mr. Justice STORY, in his Commentaries on the Constitution, “with authority to punish the crime of treason against the United States, could never become a question with any persons who deem ed the National Government worthy of creation or preservation. If the power had not been expressly granted, it must have been implied, unless all the powers of the National Government might be put at defiance and prostrated with impunity. Two motives probably concurred in introducing it as an express power. One was, not to leave it open to implication whether it was to be exclusively punished with death, according to the known rule of the common law, and with the barbarous accompaniments pointed out by it — but to confide the punishment to the discretion of Congress. The other was, to impose some limitation upon the nature and extent of the punishment, so that it should not work corruption of blood or forfeiture beyond the life of the offender.”

Treason has ever been deemed the highest crime which can be committed in civil society; since its aim is an overthrow of the Government and a public resistance by force of its just powers, its tendency is to create universal danger and alarm, and on this account it has often been visited with the deepest public resentment. Hence, by the common law, the the punishment of high treason was accompanied by all the refinements in cruelty which were oftentimes literally and studiously executed. But under the Constitution of the United States the power of punishing the crime of treason against the United States is exclusive in Congress; and the trial of the offence belongs exclusively to the Federal tribunals. A State cannot take cognizance or punish the offence, whatever it may do in relation to the offence of treason committed exclusively against itself.

Source: Ratification of US Constitution 1790 EXCERPT Article Published January 25, 1861 Public Domain

A few Midterm Cartoons! or, thanks for reminding the American people your that your policies were on the ballot @BarackObama [MIDTERM CARTOONS]

01MidTerms

ConservativeWave02NeckNeck

03DesperateDems
04GOPCrushesDNC 05ObamaToolkit

#JailHarryReid – Reid Calls Brave Americans “Domestic Terrorists” as they Defend Against Tyranny from #BLM

LockupHarryReid

Harry Reid called Americans standing up for their fellow Americans “Domestic Terrorists!” during a speech in Nevada today.

“Those people who hold themselves out to be patriots are not. They’re nothing more than domestic terrorists,” Reid said during an appearance at a Las Vegas Review-Journal “Hashtags & Headlines” event at the Paris. “… I repeat: what went on up there was domestic terrorism…“It is an issue that we cannot let go, just walk away from.”  Reid made several successive false accusations towards

Related Posts:

Federal Government’s BLM Forced To Retreat #BundyRanch #ClivenBundy #StateSovereignty

River Rejoicing A Moment of Reprieve for #ClivenBundy #BundyRanch as BLM Returns VO Cattle Seized By Feds

#LIVESTREAM – BLM Backs Down in #BundyRanch Attack. Can the BLM be Trusted?

Cliven Bundy of #BundyRanch Says Feds/BLM “Want Total Power, Total Control” [VIDEO]

A Bowl Full of Reid’s Cherries For The Pickins At Americans Peril & Eternal Expense #MakeDCListen

We are Losing our Freedoms and Lands: The Responsibility of the US Citizen #MakeDCListen

1st Amendment Has No “Area” In USA & Feds Murdering Turtles & Cattle, What’s Next? People? [2 VIDEOS] #BundyRanch

read more

Harry Reid Used Univ Nevada Las Vegas (UNLV) As Public Platform For Partisan Political Purposes Closed To Public Access

[jwplayer config=”PBN” mediaid=”104367″]

In 2009 Harry Reid held a private political rally which was closed to the public. It was by invitation only.  The man in the picture below who showed his Nevada State Driver’s license was not allowed to enter the University of Nevada Las Vegas’ rally to hear exactly what was being said by Reid.

Related USDefenseLeague Post: 

Remarkably the staged event was one of many held which were touted as a sign of overwhelming support for the then upcoming ObamaCare mandate. It was 2009 after all; so all the unions, thugs, socialist marxist envoys were invited to be front and center for convenient political ideological goals of the Democrats particularly the Senate Majority Leader Harry Reid.

Nevada.Shocked.Constituent.Locked.Out.Reid.Rally.2009

If there is no public view of opposition, then there is no real opposition right? Wrong. Freedom of Speech only works when all are invited to the party, or rally in this case. ~MKO/DAO for USDefenseLeague Pushing Back Tyranny With Truth!Subscribe now.

A Bowl Full of Reid’s Cherries For The Pickins At Americans Peril & Eternal Expense #MakeDCListen

snipshot.reid.gore.UNLV.mag.cover.2009

There seems to be a stealth master plan of sorts to utilize a variety of Federal Government agencies for nefarious purposes aimed at diminishing or, removing altogether, the rights of the average hard-working, tax paying American citizen. Every State in the union should be on high alert that they might be next for Federal mandated selection by any variety of Federal ‘tools’ such as the Bureau of Land Management (BLM)  to selectively pinpoint Americans staying true to the US Constitution and to Liberty within it’s well defined text as stated in The Declaration of Independence. We here at USDefenseLeague challenge all 50 States to immediately re-claim all non-ceded, or previously ceded lands and territories back from the increasing usurper of rights and freedoms the US Federal Government. We, like the Bundy’s believe that every State in our US Republic is sovereign. We are Federalists. That means we believe in State’s rights trumping Federal rights as per the 10th Amendment in our US Constitution.

Related Post: 

So we begin, at the beginning, with environmentally micro-focused and extraordinarily mis-aligned executor of all things Federal, the current US Senate Majority Leader  (D-Nevada) Harry Reid. Senator Reid’s pet projects just can’t get any wilder or should we say carnivorous! Just look here: read more

We are Losing our Freedoms and Lands: The Responsibility of the US Citizen #MakeDCListen

WhoOwnsTheWest

There is enough already “known” that someone could just quote the great minds in life to understand the trouble we are in as a nation.  And that is what we are going to do in this article, we hope you find it refreshing enough to share.  Subscribe Now 

Have we  lost our consciousness and ability to be responsible in the USA?  Yes, some have. Before the 1980s even arrived more people received government checks than were workers in the private sector. Is this the America you want to live in? 

“Cherish, therefore, the spirit of our people, and keep alive their attentionIf once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves. It seems to be the law of our general nature.” – Thomas Jefferson (Letter to Edward Carrington January 16, 1787)

“Need I infer, that it is the duty of every citizen to use his best and most unremitting endeavours for preserving it [the Constitution] pure, healthful, and vigorous? For the accomplishment of this great purpose, the exertions of no one citizen are unimportant. Let no one, therefore harbour, for a moment, the mean idea, that he is and can be of no value to his country: let the contrary manly impres­sion animate his soul. Every one can, at many times, perform, to the state, useful services; and he, who steadily pursues the road of patriotism, has the most inviting prospect of being able, at some times, to perform eminent ones.” -James Wilson (Signer of The  Declaration of Independence and the Constitution)

And the insight of those who are paying attention come to light if we are willing to research.  Listen with the scales removed from your ears so that you can hear what Albert Jay Nock clearly states in 1943 from his book “Memoirs of a Superfluous Man”

“… closer centralization; a steadily growing bureaucracy; State power and faith in State power increasing; social power and faith in social power diminishing; the State absorbing a continually larger proportion of the national income; production languishing; the State in consequence read more

Trey Gowdy’s Infamous “Slap Down” Q’s To Press Still Relevant: #Benghazi #Benghazi4 [VIDEO]

Americans who care about their country, their military, their families, and their very lives also usually care about the truth. The unanswered questions about what really went down on September 11, 2012 in Benghazi, Libya will not go away until the absolute truth comes out.

South Carolina’s savvy, stern yet steady Congressman Trey Gowdy says in his still highly relevant, short yet powerful “slap down” address to the media which took place in October of 2013,
“In conclusion Congress is supposed to provide oversight. The voters are supposed to provide oversight. And you are supposed to provide oversight. That’s why you have special liberties and that’s why you have special protections. I am not surprised that the President of the United States called this a “phony scandal.” I’m not surprised that Secretary Clinton said, “What difference [at this point] does it make?!” I’m not even surprised that Jay Carney said that, ‘Benghazi happened a long time ago.” I’m just surprised at how many people bought it!” ~Trey Gowdy

Additional questions that Congressman Gowdy asked, “Why was ambassador Chris Stevens in Benghazi? Why were the Americans the last flag flying in Benghazi, after the British had left and the Red Cross had been bombed? Why were requests for additional security denied? Why were no assets deployed during the siege? Do you know whether the president called any of our allies to request help? Why was Susan Rice picked to go on the Sunday talk shows and present the video story? Do you know the origin of the “mythology” that the attack was spawned by a video?”

We here at PBN will continue to do our part along with the rest of the media, however many of us are left that still believe in true investigative journalism, until the truth is told. Hurting family members of deceased and injured military and contracted civilian servants are authentic heroes. They all deserve answers and so do Americans. America is and we pray and hope we will always be “The Home of the Free and The Home of the Brave!” ~PBN

H/T Joe The Plumber
H/T FreePatriot
Video Source: Dan Adams

Emails Leaked by Senate Majority Leader’s office shows evidence of partnership between Reid and Boehner

Reids Office Leaks Boehner Emails

It looks like bipartisanship is as alive as ever on Capitol Hill; just maybe not the kind the pundits are always calling for. Even though it’s clear that Reid’s office did this just to attack Boehner, it still is a fascinating look at the inner workings of the political parties of the United States of America. It’s almost like both parties are nigh indistinguishable from one another. Leave it to politicians to have the appearance of a feud while actually working together.

Americans, if you truly believe that this nation is being destroyed with our current leadership, prove it next November. It will likely be your last chance. –PBN

A series of leaked emails authored by House Speaker John Boehner’s chief of staff Mike Sommers show that the Speaker may have coordinated with Senate Majority Leader Harry Reid to exempt Congress from Obamacare.

The emails were leaked Tuesday by read more

“Why Would We Want To Pass A Bill To Help Children With Cancer?” Harry Reid

Senate Leader Harry Reid, D-Nev., has a pay-back moment. Harry you have been sowing a lot of wind throughout the years, guess you are about to reap some whirlwinds.  Reid  is asked by CNN’s Dana Bash, would he move forward if the House passes a bill restoring NIH funding so several dozen kids with cancer can get treatment immediately?  His answer is right in line with the Democrat death machine. “Why would we do that?”  Harry Reid.

Time to be sure after this dust-up America, that no voting takes place except by legal US Citizens, and the demonstratively vile demagogic Democrat party is put in the minority in Congress and the Judiciary. -PBN

 

Senator’s Tax Break Secret Until 2064

obama mystery
Why is this secret being kept from US Citizens for the next 50 years?

It  has been modified in such a manner that it could not potentially identify the source of a submission.

America has the right to know. All of Congress work for us, period!

The Senate Finance Committee has promised senators that their tax break proposals will be kept secret until 2064.

It’s not clear who made the decision to offer the “committee confidential” designation, but a committee aide said it was “done to alleviate the concerns of senators.”

The Senate is controlled by the Democrats, the ones who claim total transparancy.

“Tax reform is apparently so treacherous for senators these days that they require the utmost protection from the public — half a century’s worth.” -CNN Money

secret tax breaks

The Senate Finance Committee has promised senators that their tax break proposals will be kept secret until 2064 and the only way a proposal could be made public before Dec. 31, 2064. Congressional scholar Thomas Mann, said he’s never heard of the practice and said it sounds “gimmicky.” read more

Who do Flake & McCain work for? Recall Petitions Up For Jeff Flake & John McCain

A new website is asking Arizona residents for their signatures to recall Senators Jeff Flake and John McCain for supporting the immigration-amnesty bill.

You can sign the petitions here and here. read more

Senator Paul says NO to National ID Card – Protects American’s Privacy

Dr-Rand-Paul

Jun 20, 2013

WASHINGTON, D.C. - Sen. Rand Paul today announced the introduction of the Protect Our Privacy Act as amendment to the Senate’s Immigration Reform Bill. This amendment would prohibit the issuance of a national identification card system. In the wake of the IRS scandal and NSA wiretapping revelations, Sen. Paul believes that his amendment is necessary to protect the privacy of all citizens. America as if the NSA’s electronic surveillance wasn’t enough, you might want to be on the lookout for a lowflying drone spying, and possibly armed, near you. Look out and look up!!! Rand’s letter to FBI about Armed Spy Drones in USA Now? PBN’s story here: –PBN read more