The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-21
WEDNESDAY, JUNE 81, 1899.
TWELVE PAGES.
Treason.
rs-rHE distinction, however" says
the Butte Inter Mountain 'is

/ the Butte Inter Mountain, sis
broad one. To give aid and
comfort to the enemy is treason Such
aid and comfort. if given in the shape
tlof supplies, might be denominated ply
lsical treason; if given in words of en-
'couragement, and in statements of al
aeged facts that are advantageous to
,the enemy, it might with greater pro-
nriety be called moral treason The
Standard comes within the latter de-
scripton.'
Treason. Let US have serious ac-
counting with the malignant word-ia
truth, its fiippant use is brutal business
The men who framed our country's
constitution moved with marked cir
cumspection when they dealt with this
Hateful crime. History's open page
taught them how easy it had been for
ipartisans to misapply the word Pome-
,roy, one of the most eminent authori-
tiles on constitutional law, says that the
provision in our constitution relating to
treason is limitation upon, rather
than grant of, governmental power
He adds that the constitutional pro-
vision defining the crime was inserted
ties of the citizen. 1t places a limit be-
You'd which neither the legislature nor
the courts can pass. 1t was in
tended to destroy forever all opportun-
lty for legislative or judicial extension
of the crime so as to cover what are
called constructive treasons"
Weeks ago, the Standard gu tied, in
part, this distinguished au. ority's
comment respecting treason. of
1t will we'll bear repetition. The u
stitution's provision is:
Treason against the United States shall
consist only in levying war against them,
or IN adherlng to their enemies giving
them aid and comfort. No person shall
}be convicted of treason unless on the tes-
Hlmony OF two witnesses to the same overt
net, or on confession in open court The
congress shall have power to define the
punishment of treason. but no attainder
iof treason shall work corruption of blood
or forfeiture, except during the life of
1.-THE person attained.
lit is proper to remark that corruption
of blood" by 'attander' was the destruc-
,tion of all Unbeatable qualities in the per-
ison of the offender-he could neither in
merit lands which otherwise would have
come to him, nor could others inherit
from or through him.l
Congress decreed death as the punish
ment for treason. Says Pomeroy, re-
specting the clause of the constitution
we have quoted: These provisions
taken together require an overt, or an
open, act of levying war, or an open act
Of adherence to the nations enemies,
giving them aid and comfort; without
pne or the other there can be no treason.
No mere words can. therefore, amount
to treason; no mere conspiring. confed-
Grating, planning can make men trait
ors; for none of these acts are overt.
The English statute adds a third case
comprising the death of the king; and
this element of the crime may consist
in simple conspiring and confederating
But it is not reasonable to compass
the death of the president or even to
accomplish the design and take his
life"
Thus the trainers of the constitution
dealt in utmost care with the subject
of treason. As we have said. they had
read the warnings with which history's
open pages abound. When we observe
what they did in the light of what
they knew, We realize that treason is
indeed, an odious thing.
Chief Justice Story, in his mastery