Evening star., 1942-07-10
Meaning of Treason

Meaning Of Treason
The conviction Of Max Stephan of
Detroit raises certain questions con-
corning the Implications of the word
treason in practical application.
He was found guilty of having aided
German aviator who had escaped
from Canadian prison camp.
Twelve acts of assistance were
charged against him. Specifically,
he was alleged to have given food,
shelter and money to an enemy Of
the United States. Since in effect
he confessed his fault there can be
no reasonable doubt about the JUS
tice Of the verdict brought in by the
jury before which he was tried. The
recipient Of his mistaken benevo-
lence was the Governments princi-
pal witness, proudly relating details
OF the abundant hospitality which
he enjoyed at the restaurant belong
ing to the defendant. Under the
admitted circumstances, no demand
was made for the death penalty.
But the Stephan case is important
because 1t demonstrates proper de-
termination on the part Of Federal
authorities to punish disloyalty even
Of minor sort. The United States
is fighting for Its life, and 1t is we'll
for the people to understand that
the constitutional provision devised
in 1889 for use in such emergencies
will be employed at need in the
present crisis.
According to the basic charter OF
the land, treason against the United
States shall consist only in levying
war against them or in adhering to
their enemies, giving them aid and
comfort. No person shall be con-
victed of treason unless on the testi-
mony of two witnesses to the same
overt act or on confession In open
court. The Congress shall have
power to declare the punishment OF
treason; but no attainder OF treason
shall work corruption Of blood or
forfeiture except during the life OF
the person attained"
The definition thus phrased follows
in language and philosophy the Eng
lish statute Of treasons interpreted in
the proceedings against Sir Roger
Easement in 1916 to include any
action which weakens or tends to
weaken the power Of the King and
OF the country to resist or to attack
the enemies of the King and the
country" Prof. James w. Garner
Of the University of Illinois mentions
among misdemeanors coming within
the purview of this quoted phrase.
Trading with the enemy, communi-
cation of information to the enemy,
advising or melting others to give
assistance to the enemy and all "acts
which tend and are designed to de-
feat, obstruct or weaken our own
arms"
1t was the purpose OF the authors
OF the Constitution, however. to
guard against the procedural abuses
and inhuman practices which had
been all too common in the English
state trials" The first important
case to be tried after the formation
OF the Union was that Of Aaron Burr
In 1907 trial which demonstrated
that these precautions were wise"
No American equivalent Of the
dangerous doctrine Of constructive
treason" has been tolerated since
Chief Justice John Marshall's inter-
probation of the law at Richmond
in the last-named year. According
to his reading, "levying war" can be
established only by the proving Of
an overt act in which the accused
actually participated, and the overt
act must be witnessed. No individ-
ual, then, can be executed for his
opinions or his sympathies, unpatri-
otic though they may be.
That does not mean, however, that
the Government Is lacking in power
to correct abuses of the essential
freedoms of traditional democracy.
It is hoped that no incidents re-
sembling those involving Rose Pastor
Stokes and Eugene v. Debs during
the First World War will develop
during the present struggle. Com
prehension OF the duty Of citizens
to their country should conduce to-
ward avoidance Of such experiences.
! United States currency in use In
Hawaii is to be overprinted with