Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-31
The Law Of Treason

cit Behooves that it be RENE
Desire to Play Dice wit
fines Of Eternity Witho
Through the Blade Of +
Far--to Injure this Cour
to Evade and Avoid by
Behooves that He Relner
Treason against the United
States shall cpnsist only in levy
ing war against them, Or in adj
them aid and comfort" ~. 81.
Cons, Art. III, Sec. 3.)
The trainers Of the constitution
were DESTROYS of guarding In every
essential the rights of h individual.
Accusation of treason as a convenient
weapon Of government was not n
known to them either in theory or.
experience. They therefore deemed
it wise in relation to this particular
crime against governments crime
which is characterized as the most
serious crime known to the law-that
it should be limited and defined in
the fundamental law itself, and that
in its definition 1t should affirmatively
appear that nothing else and nothing
less than that which they there de-
%offense. To this end they inserted in
the definition the word only" that
no act save one which fell within the
definition should be attempted to be
included by assimilation, or as cog
nate.
The further phrase in this same sec
ton. Of this article of the constitution
provides that convictions for treason
must be on the Testimony Of at least
two witnesses to the same covert act"
(unless the charge be confessed in
open court). The exact phrase Isl:
"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"
What Constitutes An "Act?r
But many people misconceive the
scope and significance Of the word
TACT"
An expression OF opinion is fully as
much an act as Is q blow. Any exer-
else Of either bodily or mental power
constitutes IAN act'-thoughts and
words equally with deeds. So also the
reverse-non-action when occasion
demands the exertion of mental or
bodily power-is equally IAN, act"
There is also popular misunder--
standing OF the meaning of the word
covert" when used i n connection with
the word "act." It is supposed by
many to impart the idea of affirmative
physical action, whereas its full sig
nidcance is covered in aw II the TACT"
be a thing (something, anything)
(which admits Of direct evidence.
When used in connection with the
word TACT" the extent of the limita-
ton which the word covert imposes
is merely to exclude thoughts" For
an overt act.
An covert act" can, however, be as
well words as deeds, or as well mega
tive as affirmative in character, pro-
vided only that At be, as said above,
a matter capable of being brought out
by direct evidence of its having ex-
isted--that is, provided that it was q
thing which had an outward mani
festation at the time, as opposed, in
the category of things which are
merely intended or are contemplated
or purposed.
It must not be understood that
mere words, however ~approbative of
the enemy, necessarily constitute
treason. But It must be borne In
mind that the uttering, orally or in
writing, of words is an overt act; and
theirsNtterance by q given Individual
may constitute the crime ofTtreasoh.
Adherence a State Of Mind.
So also quite a general error exists
Of the scope Of the word adhere
Zone who believes in a view, or an
opinion, or is attached by liking or
preference to an individual or to a
nation, is properly designated in law
as being one adhering to such view,
or opinion, to such person or people.
Adherence to the enemies of the
United States represents, therefore. a
state OF mind, the mental attitude of
an Individual. But, merely to be at
tached by liking to a nation which
Is at war with the United States does
not constitute the crime of treason,
One must be both mentally attached
to such enemy and also give them
aid or comfort.
That combination Of facts does CON
i~stitute the crime, and ordinarily the
mental attachment, the adherence to
the enemy, will be deduced or pre-
sumed from the giving Of the aid OF
comfort. It falls within those ques.
lions which are all swept up in the
: jury's verdict.
"a Moreover, the word .'and' in the
phrase giving them aid and comfort
is q distinctive, not b conjunctive
Neither is 1T an instance Of the use
of a synonym. In legal documents
rhetoric finds no place, and a value
or shade Of meaning, is to be attri-
buted to each word employed.
The figure Of speech, questionable
even in colloquial writing or speaking
known as tautology, finds no place in
those most scrutinized Of legal docu.
ments, constitutions. So that a less
many might suppose to be embraced
within the word laid" would be suf-
fcient to constitute comfort" and to
sustain the charge of reason.
Direct aid, Of course, is clearly
within h clause. But anything which
lends comfort to the enemy tends to
aid him. The two words, used al
they are in distinctive conjunction
cover and are intended to cover any
every and all forms Of assistance. The
word "aid" cover assistance Of q
material nature, the word Comfort
covers assistance of mental or spir-
ituaI nature. Anything whereby the
enemy will be heartened in his con.
laict, encouraged either to. make
further opposition, or I'm the Opposi.
ton he may be mRking-whereby ths
task OF the United States Is made the
greater, or the longer, or Its warlHke
effort the more onerOus-wouId be
embraced within the meaning OF the
phrase. For knowingly to accomplish
that result in any or by any
method IS, beyond p~eradventure
treason.
Extended Scope OF the Crime.
Adherence, as we have seen, max