Malcolm Rivera
Treason is the only crime explicitly defined in the US Constitution. It is defined in Article III, Section 3 as levying war against the United States or adhering to their enemies, giving them aid and comfort. While treason is often discussed in US politics and culture, actual convictions are rare. This is partly because the definition is narrow, designed to prevent the charge of treason from being used as a political weapon. Most state constitutions include a treason provision similar to that in the US Constitution, and treason is defined in the Missouri Constitution. In this text, we will explore the definition of treason according to the Missouri Constitution, the penalties for committing treason, and any notable cases of treason convictions or charges in the state's history.
| Characteristics | Values |
|---|---|
| Definition | "Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." |
| Penalty | Not less than 10 years and not more than 30 years' imprisonment (eligible for parole after serving one-half of the sentence) or life imprisonment (eligible for parole after serving 30 years). |
| Notable Cases | Joseph Smith and five others were charged with treason under Missouri law in 1838. |
| Federal Definition | Treason is defined in Article III, Section 3 of the U.S. Constitution. |
| Federal Penalty | Minimum of five years' imprisonment and a $10,000 fine. |
| Federal Prosecution | By most accounts, only three people have ever been charged with treason at the state level. |
| Federal Requirement | Two witnesses to the same overt act or a confession in open court. |
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What You'll Learn
Punishment for treason
In the United States, treason is defined on the federal level as "levying war" against the country, "adhering to their enemies", and "giving them aid and comfort". Most state constitutions include similar definitions, specifically limited to levying war against the state, adhering to or aiding the enemies of the state, and requiring two witnesses or a confession in open court.
The Missouri Constitution defines treason as a person owing allegiance to the state committing the offence of treason if he or she purposely levies war against the state, or adheres to its enemies by giving them aid and comfort. No person shall be convicted of treason unless one or more overt acts are alleged, and no evidence shall be given of any overt act that is not specifically alleged in the indictment. Missouri law states that no person shall be convicted of treason except upon the direct evidence of two or more witnesses to the same overt act, or upon their confession under oath in open court. The offense of treason is a class A felony.
The punishment for treason in Missouri is not less than 10 years and not more than 30 years of imprisonment, with the possibility of parole after serving half of the sentence. Alternatively, the punishment can be life imprisonment with the possibility of parole after serving 30 years.
In comparison, the state constitution of Idaho defines a similar punishment for treason, with a minimum of 6 years and a maximum of 30 years of imprisonment. In Illinois, the punishment for treason used to be capital punishment, as seen in the case of Joseph Smith and Hyrum Smith, who were charged with treason in 1844 for "calling out the Legion to resist the force under the command of the Governor".
While treason is often discussed in U.S. politics and culture, actual convictions under this constitutional provision are rare. Notable cases of treason convictions include the Whiskey Rebellion of 1794, in which Vigol and Mitchell were found guilty of levying war against the United States but later pardoned by President George Washington. During the American Civil War, treason trials were held against Copperheads for conspiring with the Confederacy, and William Bruce Mumford was the only person formally executed for treason during this conflict. Other cases include Iva Toguri, who was convicted of treason for broadcasting Japanese propaganda during World War II but later pardoned, and John Brown, who was convicted of treason against the state of Virginia for leading the raid on Harpers Ferry.
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Requirements for conviction
The Missouri Constitution defines treason and outlines penalties for the crime. While treason is defined at the federal level in Article III, Section 3 of the United States Constitution, most state constitutions, including Missouri, include similar definitions.
According to the Missouri Constitution, treason is punishable by a minimum of 10 years and a maximum of 30 years' imprisonment, with parole eligibility after serving half of the sentence. Alternatively, the punishment can be life imprisonment with the possibility of parole after 30 years.
To be convicted of treason in Missouri, specific requirements must be met. Firstly, treason is limited to two types of conduct: "levying war" against the state or "adhering to the enemies" of the state and "giving them aid and comfort." "Levying war" involves more than just formally declaring war; it includes any forcible opposition to the execution of a public law. This can involve the use of force by multiple people with the shared purpose of preventing a law from being enforced, and weapons are not necessarily required. However, there must be an actual assemblage of people who are ready and intend to use force, and mere conspiracy is insufficient.
Secondly, treason requires proof of intent. While words alone may not constitute treason, they can serve as evidence of treasonous intent. Sympathy for the enemy is also not enough; there must be an action that provides aid or comfort to the enemy. This action must occur during a time of war, and a formal declaration of war is typically required. An unsuccessful attempt to aid the enemy or an unachieved enemy goal can still result in a treason conviction.
Lastly, a conviction requires either a confession or the testimony of two witnesses to the same "overt act" by the defendant. An overt act is one that demonstrates criminal intent and advances the commission of a crime, but it need not be a criminal act in itself. Examples of overt treasonous acts include online posts, providing weapons, or other forms of assistance. The two-witness requirement ensures a high evidentiary standard, making treason convictions under Missouri law rare.
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Treason against Missouri
Treason is a unique offence in the constitutional order of the United States, being the only crime expressly defined by the US Constitution. It is defined in Article III, Section 3, which states:
> "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."
Most state constitutions include a treason provision similar to that in the US Constitution, and Missouri is one such state. Treason against Missouri is a serious offence, punishable by a minimum of 10 years' imprisonment and a maximum of 30 years, or even life imprisonment.
Treason is an intentional act, and the defendant must owe allegiance to the government of Missouri. The defendant must then intentionally betray that allegiance by levying war against the state or providing aid and comfort to the state's enemies. Merely conspiring to overthrow the government does not constitute treason; there must be an actual assemblage of people who are ready and intend to use force. The act of treason must be proven by the prosecution, either through a confession or the testimony of two witnesses to the same overt act. Sympathy for the enemy is not sufficient for a treason conviction; there must be an act of aid or comfort.
There have been very few treason convictions in Missouri's history. Joseph Smith and five others were charged with treason under Missouri law in 1838, spending over five months in prison, but they escaped while awaiting trial. Smith and his brother, Hyrum Smith, were later charged with treason in Illinois, a neighbouring state, for "calling out the Legion to resist the force under the command of the Governor".
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Treason against the US
Treason is the only crime that is specifically defined in the US Constitution. According to Article III, Section 3, treason against the United States consists only of "levying war" against the US or "adhering to their enemies, giving them aid and comfort". This definition is intentionally narrow, aiming to prevent the charge of treason from being used as a political weapon, as was often the case in monarchies and authoritarian regimes.
To be convicted of treason, the defendant must owe allegiance to the US government and intentionally betray that allegiance. This means that treason does not apply to foreign nationals who do not owe any allegiance to the US, but it does apply to American citizens, including those with dual citizenship, and aliens living in the US. The defendant's disloyal intent must be evident from their actions, and the prosecution needs either a confession or two witnesses testifying to the same "overt act" by the defendant. An overt act is one that shows criminal intent and advances the accomplishment of a crime, such as making online posts or providing weapons. However, sympathy for the enemy does not constitute treason; there must be an action that provides aid or comfort.
While treason is often discussed in US politics and culture, convictions are rare due to the high evidentiary bar required. Many acts that might be considered treasonous are prosecuted under different statutes, such as espionage, sedition, or terrorism laws. For example, Julius and Ethel Rosenberg were not convicted of treason but of espionage for passing atomic secrets to the Soviet Union, and Confederate leaders and soldiers during the Civil War were not tried for treason to facilitate reunification and peace.
Some notable cases of treason convictions include:
- Thomas Dorr, who led an armed insurrection to establish a new state government in Rhode Island, was convicted of treason under Rhode Island law.
- John Brown, the abolitionist, was convicted of treason against the state of Virginia for leading the raid on Harper's Ferry.
- Iva Toguri, an American-born woman of Japanese descent, was convicted of treason for broadcasting Japanese propaganda to US troops during World War II. She was later pardoned when evidence emerged that her trial had been mishandled.
- Edwin Coppie and Aaron Dwight Stevens were convicted and hanged for treason against the Commonwealth of Virginia.
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Examples of treason
Treason is defined in the constitution of the State of Missouri. The penalty for treason in Missouri is not less than 10 years and not more than 30 years of imprisonment, with parole eligibility after serving half of the sentence. Alternatively, a person convicted of treason may face life imprisonment and become eligible for parole after serving 30 years.
The Whiskey Rebellion, 1794
John Mitchell and Philip Weigel were convicted of treason for their roles in the Whiskey Rebellion, an uprising sparked by opposition to a federal excise tax on whiskey. Protesters used violence and intimidation to resist federal officials. Although Mitchell and Weigel were convicted of "levying war" against the United States, they were later pardoned by President George Washington.
Shays' Rebellion
John Bly and Charles Rose were convicted of treason and hanged for their participation in Shays' Rebellion, an armed uprising in Western Massachusetts and Worcester. The rebellion was a response to a debt crisis and increased tax collection efforts by the state government.
Thomas Dorr's Rebellion, Rhode Island
Thomas Dorr led a rebellion in Rhode Island, attempting to establish a new state government and advocating for expanded suffrage rights. He was convicted of treason under Rhode Island law for leading an armed insurrection against the state, but his sentence was eventually commuted.
Joseph Smith and the Latter-Day Saint Movement
Joseph Smith and his brother, Hyrum Smith, were charged with treason against the state of Missouri and later Illinois. They were accused of "calling out the Legion to resist the force under the command of the Governor." The Smith brothers escaped custody and fled to Illinois, where they were charged with treason, which was then a capital offense. They were killed by a mob while awaiting trial in jail.
Selling Supplies to British Ships during the War of 1812
During the War of 1812, Mark Lynch, Aspinwall Cornell, and John Hagerman committed treason by selling supplies to British ships, thereby "adhering to [the] enemies" of the United States and providing them with aid.
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Frequently asked questions
Treason is defined in Article III, Section 3 of the United States Constitution as "levying war" against the United States or "adhering to their enemies, giving them aid and comfort".
The punishment for treason is decided by Congress and can include a minimum of five years' imprisonment and a $10,000 fine. A conviction also bars the defendant from holding any federal office and carries the possibility of the death penalty.
The Missouri Constitution defines treason similarly to the United States Constitution. The penalty for treason in Missouri is not less than 10 years and not more than 30 years' imprisonment or life imprisonment.
Some notable cases of treason in American history include the Whiskey Rebellion of 1794, the Dorr Rebellion in Rhode Island, and the broadcasting of Japanese propaganda by Iva Toguri during World War II.
Treason applies only to Americans who have betrayed the allegiance they owe to the United States. This includes American citizens with dual citizenship and aliens domiciled in the United States. Foreign nationals who do not owe allegiance to the United States cannot be charged with treason.
