The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-18
Mr.. Bryan and the Fiuipinos.

The Times had occasion a few days ago
| TO comment on an editorial in the New
York Sun" in which the intimation was
made that Mr.. Bryan's pledge. If elected.
to recommend to Congress a policy of in
| dependence 10 the Philippines. was in the
nature OF q reasonable deliyerance. The
Times criticised the spirit which would i'm
pute treason to the honest utterancz Of SEN
timents and a declaration of purpoze cor
hicting with the colonial policy OF the Adj
ministration.
The Sun" OF yesterday, in replying TO
the comments of The Times, thus refers
to the offence Of treason as defined by the
Constitution and the decisions Of the Su-
preme Court:
'.Treasen Is defined by tie Constitution Of the
United states as 'levying war against them tile
United ststesl adhering to their enemies CIV
ing them aid and comfort The Revised Statutes
provide Tor this chine the maximum penalty u
death. The Constitutional meaning % -encmie.'
has been held by the supreme Cont - apply
OILY to subjects Of foreign power in state Of
open hostility with Us This distinction. however,
Is not quite clear. Tor the opinion 4 render
Cd ; 7. Just &C File q : wye, 40, zoe on b
say that TO constitute a ieyying OF war there
must be an asseiubiage Of persons with force ard
TO overthrow the Government resist the
laws and AL who aid in the common object Of
ityying war against the United States, in how
ever miriIte degree, OF however remote from
the scene Of action, are guilty Of treason %
But the Sun" does not give a complete
definition Of ''treaEon'' even as defined by
the Constitution. Instead of the Suns"
quotations from the Constitution being a
full definition of the offence, let section 3
Of Article III speak for itself:
Treason against the United States shall con
sist only in lcyying war against them, in
adhering to their enemies. giving them aid and
comfort. No person shall be convicted Of treason
unless the testimony Of two witnesses to The
same overt act or on confession in open court"
BY the use of the word only it is man
ifestly the intention to limit the scope OF
this offence; and taken in connection with
the last clause OF the section, an overt act
is essential to constitute the crime 1t can
not be treason. either actual or construc-
tive. TO condemn by speech or writing a
Tsolicy of the Government, in conducting a
war believed by the speaker or writer TO BE-
unjust The laid and comfort" referred to
in the Constitution is material aid and
comfort, not expressions Of opinion adverse
to the Governments policy. or even express
sions of sympathy for those against whom
the GovernmeT., is engaged in hGstilities.
No such Interpretation OF treason pre-
vailed even before the adoption OF our Con-
stitution, for in the British Parliament rot
only was the Governments policy of sub
DUNG the revolutionary colonies oppo ed in
unmeasured terms. but the most cordial
sympathy and admiration were expressed
for the American colonsts In their struggle
for independence. So today. none is more
outspoken in opposition to the war against
the Boer Republics and in expression of
sympathy for the burghers than are Liberal
members OF Parliament. 1t is satisfactory
to note that the Sun with its usual can
dor. acquits Mr.. Bryan of any intent to
violate the laws. 1t says:
at would be proftIess to enquire further into
the technical aspects Of MT. Bryan's self nvolve-
Inent in real or constructive treason or his cupI.
bilty under the law against giving aid or comfort
to persons engaged in insuTrectiOn against the
authority Of The United States We do not be-
heye that he was conscious OF committing any
crime against the existence Of the Government
when be gave o-the Luzon insurgents the signal
for continued rebellion BY pledging himself, II
elected to all the power Of the office Of tile
President in tl,air behalf Mr.. Bryan did net know
at the time how far he going. lie was car
riei away, doubtless, by the exuberance Of his
own rhetoric while attempting to build high
and wide and thick false issue TO win certain
votes for himself and the same time to screen
temporarily the issue really paramount in his
miad." or
Pursuing the subject of treason further.
the Sun" comments on the letter of one