Originally published on January 12, 2021 (Episode 194)
Introduction
During the American Revolution just about everyone in the thirteen colonies—or, after July 2, 1776, the new United States—could be justly termed a traitor. For rebellious colonists prior to 1776, it was Parliament who had betrayed the English constitution. For royal officials, resistance and then rebellion was treason to the monarch.
After independence, Americans identified numerous traitors in their midst—not only those who remained loyal to the old order, but even those who persisted a little too long in neutrality or pacifism.
As a legal issue, treason was bound up with many other things: the power to arrest and detain; the authority of the military; the composition of juries; and the very meaning of citizenship.
With me to discuss the legal history of treason in the American Revolution is Carlton F.W. Larson, author of The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press, 2019). It is a legal history, but also a social history of how treason was defined, prosecuted, and adjudicated in the colony, and then the commonwealth, of Pennsylvania.
About the Guest
Carlton F.W. Larson is the Martin Luther King, Jr. Professor of Law at the University of California, Davis, School of Law. A leading expert on the laws of treason, in addition to The Trials of Allegiance he has written On Treason: A Citizen’s Guide to the Law.
For Further Investigation
Carlton F.W. Larson, The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press, 2019)
Carlton F.W. Larson, On Treason: A Citizen’s Guide to the Law (Ecco, 2020)
An excerpt from On Treason “exploring the meaning of treason and the present-day prevalence of alleging treason”
William E. Nelson, Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760–1830
Pauline Maier, American Scripture: Making the Declaration of Independence
Listen & Discuss
How do you think treason should be defined in a republic? Does Larson’s history of Revolutionary-era treason trials shed light on citizenship and dissent today? Share your thoughts in the comments — and consider forwarding this post to a friend who would enjoy the conversation.
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