877), (which
upheld a similar Wisconsin statute), and Security Mut. L. Ins. Co. _v._
Prewitt, 202 U.S. 246 (1906); with Home Ins. Co. _v._ Morse, 20 Wall.
445 (1874); Barron _v._ Burnside, 121 U.S. 186 (1887); Southern P. Co.
_v._ Denton, 146 U.S. 202 (1892); Gerling _v._ Baltimore & O.R. Co., 151
U.S. 673, 684 (1894); Barrow S.S. Co. _v._ Kane, 170 U.S. 100, 111
(1898); Herndon _v._ Chicago, R.I. & P.R. Co., 218 U.S. 135 (1910);
Harrison _v._ St. Louis & S.F.R. Co., 232 U.S. 318 (1914); Donald _v._
Philadelphia & R. Coal & I. Co., 241 U.S. 329 (1916).

[723] 257 U.S. 529, 532 (1922).

[724] 25 Edward III, Stat. 5, Ch. 2. _See also_ Story's Commentaries On
The Constitution Of The United States, Vol. 2, 529-540, (5th ed.).

[725] 4 Cr. 75 (1807).

[726] Ibid. 75, 126.

[727] Ibid. 126.

[728] Ibid. 127.

[729] United States _v._ Burr, 4 Cr. 470, Appx. (1807).

[730] There have been a number of lower court cases in some of which
convictions were obtained. As a result of the Whiskey Rebellion
convictions of treason were obtained on the basis of the ruling that
forcible resistance to the enforcement of the revenue laws was a
constructive levying of war. United States _v._ Vigol, 28 Fed. Cas. No.
16,621 (1795); United States _v._ Mitchell, 26 Fed. Cas. No. 15,788
(1795). After conviction, the defendants were pardoned. _See also_ for
the same ruling in a different situation the Case of Fries, 9 Fed. Cas.
Nos. 5,126 (1799); 5,127 (1800). The defendant was again pardoned after
conviction. About a half century later participation in forcible
resistance to the Fugitive Slave Law was held not to be a constructive
levying of war. United States _v._ Hanway, 26 Fed. Cas. No. 15,299
(1851). Although the United States Government regarded the activities of
the Confederate States as a levying of war, the President by Amnesty
Proclamation of December 25, 1868, pardoned all those who had
participated on the southern side in the Civil War. In applying the
Captured and Abandoned Property Act of 1863 (12 Stat. 820) in a civil
proceeding, the Court declared that the foundation of the Confederacy
was treason against the United States. Sprott _v._ United States, 20
Wall. 459 (1875). _See also_ Hanauer _v._ Doane, 12 Wall. 342 (1871);
Thorington _v._ Smith, 8 Wall. 1 (1869); Young _v._ United States, 97
U.S. 39 (1878). These four cases bring in the concept of adhering to the
enemy and giving him aid and comfort, but these are not crimin