$ 53] Treason. 93 attempted any act directed against the sovereign or calculated to overthrow the government. Criticism of the sovereign or the government tending to lessen the public respect for either might be thus punished; and prosecutions for treason were resorted to for the purpose of intimidating or overthrowing those who were hostile to the ruler, although such hostility was not manifested by any act of violence. As early as the year 1350, English statutes were passed to remedy this abuse by specifically defining what should constitute high treason, and such statutory provisions have been in force in England to the present time. It is natural, therefore, that these provisions intended as a guaranty of the security of the subjects of England against the exercise of tyrannical power on the part of the government through the courts, should be embodied in substance in the state and federal constitutions; and the definition incorporated into the federal constitution is a portion of the definition found in the early English statutes. Under such constitutional provisions neither Congress nor a state legislature can make a definition for the crime of treason so as to include any acts not included in the terms of the federal or state constitution. The levying of war, under the definition of treason against the United States, implies an assembling of persons with force and arms to overthrow the government or resist the laws. All who aid in the furtherance of the common object of levying war in however minute degree or however remote from the scene of action are guilty of treason. The enemies of the United States, within the language of the definition relating to lending aid and comfort to such enemies, must be those who are engaged in carrying on hostilities against the government. A mere conspiracy or intent to overthrow the government or to interfere with its operations, or an interference with the officers or agents of the government in the discharge of their duties, but not in pursuance of any general plan to resist the enforcement of the laws, will not constitute treason, although such an act may be punishable as constituting a crime of some other description. During the war of the rebellion, it was held that the confederate government was for the time being a government waging war against the United States in such sense that participation in such war in hostility to the United States, or the act of adhering to such hostile government, rendering aid and comfort to it or its forces in the war, constituted treason against the United States (United States v. Greathouse). It is to be noticed, however, that acts of hostility on the part of the subject of a foreign government owing no allegiance to the United States by reason of citizenship or permanent or temporary residence within its limits cannot constitute treason. Such persons would not be subject to the laws of the United States. The citizens of the confederate states who engaged in rebellion against the federal government were guilty of treason, because while citizens and subjects of the United States they levied war against the United States. Although the various states of the Union are not in every sense sovereign powers, nevertheless it seems to be conceded that treason may be committed as against a state and punished by the state as a crime. As a matter of fact, during the entire existence of the United States as a nation there have been very few prosecutions for treason either against the federal government or against a state. 54. The Crime of Counterfeiting. Congress may provide "for the punishment of counterfeiting the securities and current coin of the United States" (Const. Art. I, § 8, 6). Such an act is not only injurious to the public in impairing the general security of the currency and to the individuals who are actually defrauded, but it also affects directly the government issuing and authorizing the circulation of the currency, counterfeits of which are made or put into circulation; and it was therefore regarded as important that the power to punish such a crime should be given to the federal government (United States v. Marigold). So far as the act of counterfeiting affects the general public welfare or may result in defrauding individuals, its punishment is also § 55] Counterfeiting, Piracies, etc. 95 within the scope of state power, so that the same act of counterfeiting or of circulating counterfeit money, knowing it to be counterfeit, may constitute an offence under the state law as well as under the federal law; and punishment under the one will not preclude a second punishment under the other. Congress has also provided (1877) for the punishment of those who counterfeit foreign coin or put such counterfeit coin into circulation; this, however, is not under the express constitutional power to punish counterfeiting, but rather under the power to coin money and the corresponding and necessary implied. power to protect and to preserve the soundness and the security of the currency of the country. Likewise the counterfeiting of national bank notes may be punished by the United States as incident to the implied power to authorize the issuance of such notes. 55. Piracies; Crimes on the High Seas; Offences against the Law of Nations. The specific power given to Congress "To define and punish piracies and felonies committed on the high seas, and offences against the law of nations" (Const. Art. I, § 8, ¶ 10) brings within the scope of federal legislation acts directly affecting the relations of this and foreign governments. The high seas furnish the channels of intercourse with foreign nations, and although they are outside of the jurisdiction of any of the states they are still within the jurisdiction of the United States to this extent, that vessels registered under the laws of the United States, while on the seas, are regarded as parts of the territory of the United States; and criminal acts committed on such vessels are deemed to have been committed within the jurisdiction of the United States. A robbery or forcible depredation on the high seas without lawful authority constitutes piracy (United States v. Smith), and the offender is subject to punishment, if brought into the United States, as for a crime against the United States, although he may not have been at the time of the commission of the crime a subject of the United States. Pirates are treated as the enemies of all nations, and they are subject to punishment in any jurisdiction into which they may be brought. Felonies, that is, crimes of a grave nature, committed by persons who are on vessels authorized to sail under the United States flag, are punishable by the laws of the United States, on the theory that the crime is committed within its jurisdiction. Under their admiralty and maritime jurisdiction, the courts of the United States may punish other crimes as defined by Congress, committed on United States vessels; so that it may be said in general that it is within the power of Congress to provide for the punishment of crimes committed on the high seas or on the navigable waters of the United States without regard to whether they are felonies or crimes of lesser degree (United States v. Rodgers). 56. Crimes in Places within Exclusive Federal Jurisdiction. As Congress is given exclusive power of legislation over the District of Columbia and "places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings (Const. Art. I, § 8, ¶ 17), it may provide for the punishment of all crimes committed within such district or within such places, as fully as a state may provide for the punishment of crimes within its own limits. Congress has therefore adopted a general criminal code for the definition and punishment of offences within such district and places. Even though the states may retain the right to issue criminal process into such places they have no authority to punish crimes committed there, for the jurisdiction of the United States is exclusive. (See below, § 107.) 57. Crimes within the Territories. So far as territory which is not incorporated into or admitted as a state is concerned, Congress has power to provide for the punishment of crime under the constitutional authority to make "needful rules and regulations respecting the territory and other property belonging to the United States" (Art. IV, § 59] Territorial and Implied. 97 $ 3,2). So far as portions of such territory are organized under a territorial government, the power to define and punish crimes is usually conferred by Congress on such territorial government; but Congress may still by general legislation make acts within the territories punishable as crimes against the United States. Thus Congress has enacted statutory provisions for the punishment of polygamy within the territories (1862, 1882), although it has no power to provide for the punishment of such a crime if committed within the limits of the states, for such matters are subject to state regulation and control under the general police power (Reynolds v. United States). 58. Implied Power to Define and Punish Crimes. As an incident to the exercise of any of the powers expressly given to the federal government, Congress may provide for the punishment as crimes of acts calculated to interfere with such exercise of its powers. Thus under the power to establish post offices and post roads, Congress has provided for the punishment of a variety of acts calculated to interfere with the safety or efficiency of the postal service; and under the power to lay and collect taxes, it has provided for the punishment of various acts of fraud or evasion with reference to the payment of import or excise duties. The scope of the federal power to punish crimes against the operations of the government is therefore very extensive, and a general enumeration of the classes of offences defined by Congress in the exercise of its implied powers would be impracticable. 59. Ex Post Facto Laws; Bills of Attainder. By the federal constitution Congress is expressly prohibited from passing any bill of attainder or ex post facto law (Art. I, $9,3) and the same prohibition is imposed on the states (Art. I, § 10, 1). A bill of attainder is a statute imposing criminal punishment without judicial trial upon a person for an act already committed without regard to whether it was by law criminal when done. The Parliament of Great Britain assumed the authority to pass such acts and to inflict the Hor M |