Note 483 — Chapter VI · JOHN WILKES, VICTOR BERGER, AND THE FIVE MEMBERS

It is doubtful if even this would be treason in this country, inasmuch as no one was persuaded to enlist. Respublica v. Roberts, 1 Dall. 39 (Pa. 1778). But see U. S. v. Robinson, 259 Fed. 685, 690, on unsuccessful attempts to aid. This point in the Casement trial received no attention from the Court of Appeal, which was entirely occupied with the question whether treason could be committed outside England, answered in the affirmative. It is interesting to Americans to find that one of the authorities relied on was a legal opinion rendered in 1775 that certain persons in New Hampshire could be prosecuted for treason.