The levying of war against a government has always been regarded as an act of treason.15

The mere intention to commit this crime by the levying of war is not of itself sufficient; an overt act is essential;16 and there must be a combination or association of persons acting together in conspiracy for one common purpose.17

In another sense, treason has been denned as nothing more than a criminal attempt to destroy the existence of government.18

High treason, which by the very term denotes treachery or breach of faith, is a violation of the allegiance which is due from the subject to the king as sovereign and superior magistrate.19 reason in its very name - which is borrowed from the French - imports a betraying, treachery or breach of faith.20

13 U. S. Const., Art. 3, Sec. 3.

14 2 Bish., New. Cr., Sec. 1254. 15 28 Am. & Eng. Ency., 460 (2nd Ed.).

16 Regicide Trials, 5 How. St. Tr., 1224; Reg. vs. McCafferty, 10 Cox. C. C, 603.

17 28 Am. & Eng. Ency. of Law, 460

(2nd Ed.). 18 Republican vs. Chapman, 1 Dal.

(Pa.), 53. 19 28 Am. & Eng. Ency. of Law, 457

(2nd Ed.), citing 1 Hale P. 0., 48. 204 Blackstone Com., 75.