Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-05-18
What CONSTITUTES TREASON
New York Evening Post.

Inc lingering among US OF WHAT We
have called the war drunkenness. or
that temporary suspension Of thereason-
ing faculty and sense Of legality which |
always and everywhere accompanies
war, is producing an almost comic out
break Of absurdity about the Atkinson
pamphlets. The shouts of treason
and ''sedition" they have called forth,
show how completely even a war of |
humanity browns knowledge OF our |
own history and Constitution. Many |
of these crazy shoutcrs are apparently |
not aware that treason in tho United |
States is defined. by the Constitution |
thus: Treason against the United
States shall consist only in leyying war
against them. or in adhering to their
enemies, by giving them aid or com.
fort. 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. Now,
why was this definition made? Because,
as Story explains in his work on the
Constitution, Free governments, as
we'll as despotic governments, have been
ready to convict, upon the most slender
proofs, some of their most distinguished
and virtuous statesmen, as we'll as per
sons of inferior character. They have
| inflamed into the criminality of treason
acts of Just resistance to tyranny, and
4 tortured manly freedom of opinion
into designs subversive of the govern
ment.', Story here evidently had Eng
land in his eye, hut though the attacks
of the English government on liberty
have been more heinous than any re-
corded of ours, they were none of them
go comic as the utterances and acts of
our thoughtful Postmaster General or
| 80 o,,r rararaJ praciJant
To commit treason under the law,
Atkinson would have to render direct
aid to the Filipinos, or have to openly
adhere to their cause by covert acts,
proved, not by the thoughtful Post
master General, but by two witnesses.
An overt act, these people must remem-
Der, is an act that can be seen and
described, not an act which can only
be inferred by the revered Mckinley or
the thoughtful Smith, from language
about them which they do not like. 1t
cannot be extracted from .'manly
freedom of opinion There is no such
thing in America as constructive
treason or any longer in England.
so that all that has been said about
Atkinson's . treason is pure "blather-
slSite.
The illustrious men composing our
! cabinet have apparently forgotten also
: that there is no such thing as 'sedi-
tion" in America, any more than
q treason. If, instead Of inyeighing
+ against "this man Atkinson" for
, questioning their wisdom, they had
devoted a little of their precious time
n to the study of American history. they
!, would have learned that an act creating
! what was called "sedition" that is,
i unpleasant criticism of the Mchinleys
and Smiths of that day-w passed by
4 the Federalists in 1898, and there were
numerous prosecutions under it. But
4 it excited such popular indignation
q that when it expired by Limitation il
1901, an attempt to extend it failed
after it had already ruined the Fedora
party beyond redemption. Free speech
may, therefore, now well say to ou
present great men, as Cicero said tt
Mark Antony: II have despised th,
! swords Of Catiline; l am not going tx
Il be afraid of yours. To face Adam
!, and Hamilton, and then run from Nc
u Kinley and Smith, would infiict in
delibie disgrace on any cause.
Do these worthless know or do the
not know that the volunteers in tn
IA Philippines are voters, and will mex
year pass on Mckinley and his war a
N the POLLS, and that, therefore, to ques
IL tion their right to hear, to know, an
i. to argue freely over his fitness for hi
is place, is crime for which in calme
r. times these worthless would be i'm
IL peached? Do they know or do they nc
h know that in 1864, whom the Republi
was in danger of which it now know
al nothing, the following resolution wa
ar passed by the Democratic Nation;
re- Convention at Chicago
no Resolved, That this convention doc
n. explicitly declare, as the sense of I'll
IN American people, that after four yea
cd of failure to restore the Union by tt
"a. experiment of war, during which
a. under the pretence of military nece
ed sity or war-power higher than the Coz
cd slltution. the Constitution itself h,
of been disregarded in every part, ar
ife public and private right alike troddt
,is down, and the material prosperi
NO of the country essentially impaire
NJ justice, humanity, liberty, and Il
ih public welfare demand that immedia
tal efforts be made for cessation
yer hostilities with view to an ultima
the convention of the States, or other peac
al able means, to tho end that, at I'll
her earliest practicable moment, peace nj
be restored on the basis of the FEEDER
b,e Union of the States. !"
md Do they know, or do they not, tn
,dv this resolution was voted on by t
,si. soldiers in the field, without let
Ole hindrance. under Lincoln, and that
,er copperhead newspapers circulated free
cen in the camps? If they do not kno
ought they not. in, common decenc
riff to got back to their villages a
lie acknowledge that the job is too mu
his for them?
the Gov. Thomas of Colorado, in .
are nouncing his intention to exhaust
his resources in forcing the administ
tion to send troops Of the State "
are perishing by inches in MoKinle
war, is doing exactly what the Reput
light cans did in 1893. When dealing witt
man or party. who are in your opin
The overthrowing the Constitution a
kla- destroying the public liberties uni
CIV, pretence of being suparhumanly W
and virtuous, you must use such mel
IS a as public opinion warrants. We on,
Eyed not tamely to submit to the convers
it of the Republic into an Empire
liver simple slaughter and plumber. Rea
t of and law and justice are the 0
and weapons we should ever suffer to m;
and American revolutions.
ions --
afy |