warned by the squadron that the port was blockaded, and then if she attempted to run it she might be seized.

We may here mention that discordant views have been current in respect of privateering: the European states being favourable to its abolition pending hostilities while the Americans were dissentient, from a politic regard to their long stretch of coast-line, and its numerous harbours of refuge.

AS TO REBELS.-A foreign state may assist a state to repress a A state rebellion, without having violated the laws of neutrality. at war with its own subjects seems, according to the better opinion, to be unable to close its ports to foreigners by the mere act of government, though it may establish a blockade, as if against a bostile state; but foreign ships who assist rebels by transporting to them arms, render themselves liable to seizure and confiscation, if taken within a marine league of the coast.

Lord Chelmsford stated, in a debate in the House of Lords on the 16th of May, 1861, on the President of the United States' proclamation at the outbreak of the civil war in America, that if any Englishman were to fit out a privateer for the purpose of assisting the Southern States against the United States, he would be guilty of piracy; but this, it is contended, would not apply to the crews of vessels engaged in carrying contraband of war; though, if captured within its limits, the state engaged in repressing rebellion might treat them as it would treat rebel subjects of its own.

Rebellion is a crime; and all persons voluntarily abetting it are criminals, whether subjects or foreigners. The fact that the sovereign, whose subjects the foreigners are, may have recognized the rebels as belligerents, can have no legal effect in the courts of the state engaged in subduing the rebellion.

The following five propositions are offered, in the eighth edition of Wheaton's International Law, p. 200, as suggestions of principles applicable to this subject, which seems to be in a very unsettled

state:

state as If the

1. The courts of a state must treat rebellion against the a crime, and the persons engaged in it as criminals. acts are depredations on commerce protected by the state, they may be adjudged piracy, jure gentium, by the courts of the state. It is a political, not a leading question, whether the right so to treat them shall be exercised. II. The fact that the state has actually treated its prisoners as prisoners of war, &c., or has claimed and exercised the powers and privileges of war as against neutrals, does not change the abstract rule of law.

III. If a foreigner knowingly cruises against the commerce of a state under a rebel commission, he takes his chance of being treated as a rebel, jure gentium, or as a belligerent. In point of law, his foreign allegiance or citizenship is imma

terial, as well as whether the sovereign whose subject he is, has recognized the rebel authorities as belligerents or not. It is not the custom for foreign states to interfere to protect their citizens voluntarily aiding a rebellion against a friendly state, if that state makes no discrimination against them.

IV. If a foreigner cruises under a rebel commission, he takes his chance of being treated as a pirate or belligerent by his own and all other nations, as well as by that he is cruising against. If his own country does not recognize the belligerency of the rebels, he is, by the law of his country, a pirate; if it does, he is not. In this respect each nation acts independently of others and for itself; and the courts of each nation are governed by the consideration whether their own political authorities have or have not recognized the belligerency.

v. Where a rebellion has attained such dimensions and organization as to be a state de facto, and its acts reach the dimensions of war de facto, and the parent state is obliged to exercise the powers of war to suppress it, and especially if against neutral interests, it is now the custom for the state to yield to the rebellion such belligerent privileges as policy and humanity require, and to treat captives as prisoners of war, &c. Yet this is a matter of internal state policy only, changeable at any time.

CHAPTER III.

Treason.

AT common law the nature and constituents of high treason were vague and undefined, and acts tending merely to diminish the dignity of or respect towards the crown were held to be within its scope; so that if a man became popular it was construed to be encroaching on the prerogatives of the sovereign, and held to be treason. But an end was put to constructive treason by the 25 E. 3, c. 2, in which those acts amounting to treason are distinctly specified. The provisions of this statute are confirmed and expanded by 36 G. 3, c. 7, which last is made perpetual, as to sections 1, 5, 6 (the rest is expired), by 57 G. 3, c. 6, s. 1. From these acts the law of treason may be thus stated:

1. It is treason to compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, or to maim, wound, imprison, or restrain the person of the King, his heirs or successors; and to express, utter, or

In

declare of such compassing, inventions, devices, or intentions, or any or them. But such compassing, &c., must be manifested by some overt act, as by providing weapons, ammunition, or poison, or by sending letters to excite others to join in the enterprise. the case of the regicides, the indictment charged that they did traitorously compass and imagine the death of the King. And the taking off his head was laid, among others, as an overt act of compassing.

Overt acts are evidence of intentions or designs in progress; and, according to Mr. Justice Foster, words may be, when uttered in contemplation of a traitorous purpose actually on foot and in prosecution. By the Criminal Law Commissioners an overt act is said to be "any act of conspiring or conferring, or consulting with, or advising, persuading, counselling, commanding, or inciting any person, or any other act, measures, or means whatsoever done, taken, used, or assented to, towards and for the purpose of effecting the traitorous intentions, or act charged."-Fifth Criminal Lux Report.

2. To have carnal knowledge of the Queen consort, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir, is treason. In a criminal intercourse with the Queen, it is immaterial whether it be with or without force, but it is high treason in both parties if consenting.

3. To levy war against the King in his realm is treason, by statute of Edward III. as well as the common law. But, as in the first case of treason, there must be an overt act; a mere conspiracy to levy war is no overt act, unless war be actually waged ; though, if a war be waged, then the conspirators are all traitors, although they are not in arms. Also this species of treason is incurred by taking arms not only to dethrone the Queen regent, but under pretence to reform religion, or the laws, or to remove evil counsellors, or other grievances, real or imaginary.

Upon the trial of Lord George Gordon, Lord Mansfield declared that it was the unanimous opinion of the court that an attempt by intimidation and violence to force the repeal of a law, was levying war against the King, and high treason, Doug. 570.

4. To adhere to the King's enemies within the realm, or give them aid in the realm, or elsewhere, is treason. This must likewise be proved by overt act, as by furnishing money, arms, ammunition, or provision, or sending intelligence to the King's

enemies.

5. To counterfeit the great seal, privy seal, privy signet, or royal sign manual, is treason.

6. The last species of treason, ascertained by the 25 E. 3, is, if a man slay the chancellor, treasurer, or the King's justices of the one bench or the other, or justices of assize, and all other justices, assigned to hear and determine, being in their places, such person is guilty of treason. This clause extends only to the actual killing,

and only to the officers therein specified; so that the barons of the Exchequer, as such, are not included.

By 1 Anne, c. 17, to endeavour to deprive or hinder any person, being the next in succession to the crown, according to the limitation of the act of parliament, from succeeding to the crown, and attempt the same by any overt act, such offence is high treason. So, also, by 6 Anne, c. 7, if any person, by writing or printing, maintain and affirm that any other person has any right or title to the crown, otherwise than according to the act of settlement; or that the sovereign of this realm, with the authority of parliament, is not able to make laws and statutes to bind the crown and the succession, it is treason.

By 3 & 4 V. c. 52, being married to, or concerned in procuring the marriage of, any issue of her present Majesty, whilst such issue are under eighteen (in case the crown shall have descended to any such before that age), without the consent, in writing, of the regent, and the assent of both houses of parliament, is a capital treason. It is also a treasonable offence the knowing any person to have committed any of the preceding treasons, and receiving, relieving, comforting, or assisting him, or aiding his escape from custody.

An act of 1870, the 33 & 34 V. c. 23, abolishes forfeitures in treason and felony, but conviction of such is rendered a disqualification for certain offices under the crown, or ecclesiastical benefice. Persons aggrieved by a felony may, after conviction of the offender, be awarded any sum not exceeding £100, as a compensation for loss of property.

II. TRIAL AND PUNISHMENT OF TRAITORS.

Considering that, in prosecutions for high treason, the accused has the whole power and influence of the crown to contend against, with, perhaps, public feeling strongly excited against him, the law has humanely provided various helps and indulgences, which do not extend to other crimes and misdemeanours.

Thus, in case of high treason, or misprision of such treason, it is enacted, under 7 W. 3, c. 3, that no person shall be tried for such treason, except an attempt to assassinate the king, unless the indictment be found within three years after the offence has been committed.

By 7 Anne, c. 21, any person indicted for high treason, or misprision thereof, shall have not only a copy of the indictment, but a list of all the witnesses to be produced, and of the jurors empannelled, with their professions, and places of abode, delivered to him ten days before the trial, and in presence of two witnesses, the better to prepare him to make his challenges and defence. The practice is, to deliver a copy of the indictment, and the list of witnesses and jurors, ten clear days, exclusive of the day of deli

S S

very and the day of trial, and the intervening Sunday, previous to the trial.

All persons, too, accused of high treason are entitled to have two counsel allowed them by the court, and the same privilege is granted on impeachment by the House of Commons.

But these statutory indulgences have been withdrawn by a subsequent statute in cases of traitorous attempts directed against the life of the sovereign, and by the 39 & 40 G. 3, c. 93, it is provided that, in all cases of high treason, in which the overt act alleged in the indictment is any direct attempt on the life or person of the king, the accused, in that case, shall be indicted, arraigned, tried, and attainted, as if he were charged with murder; but upon conviction, judgment is to be given, and execution done, as in other cases of high treason.

The punishment for high treason, besides attainder, forfeiture, and corruption of blood, was formerly a barbarous exhibition. That in high treason, not relating to the coin, was, "that the offender be drawn to the place of execution, and be there hanged by the neck, and cut down alive, that his entrails be taken out and burned before his face, that his head be cut off, that his body be cut into four quarters, and that his head and quarters be at the king's disposal." But, by 33 & 34 V. s. 1, forfeiture, &c., for treason is abolished, and by s. 31, the punishment is now simply death.

By 1 V. c. 84, ss. 2, 3, forging the great seal, or the royal sign manual, the seals appointed to be used in Scotland, and the great and privy seals of Ireland, are treasons not punishable with death, but with transportation for life, or not less than seven years, or imprisonment not exceeding four nor less than two years.

III. PROTECTION OF HER MAJESTY'S PERSON.

Attempts on the life of the Queen, or to alarm her Majesty, often apparently from mere desire of notoriety, gave rise, in 1842, to the 5 & 6 V. c. 51, for the royal protection.

The act, without altering the statute relative to high treason, provides, that if any person shall wilfully discharge or attempt to discharge, or point, aim, or present at or near to the person of the Queen, any gun, pistol, or any other description of fire-arms, or other arms whatsoever, whether the same shall or shall not contain any explosive or destructive material, or shall discharge or cause to be discharged, or attempt to discharge or cause to be discharged, any explosive substance or material near to the person of the Queen ; or if any person shall wilfully strike or strike at, or attempt to strike or to strike at, the person of the Queen, with any offensive weapon, or in any other manner whatsoever; or if any person shall wilfully throw or attempt to throw any substance, matter, or thing whatsoever at or upon the person of the Queen, with intent