The Ypsilanti daily press. (Ypsilanti, Mich.) 1928-1962, 1942-08-10
TREASON


4 sigh Of relief will go up from
the many citizens patriot who have
awaited the Max stephan sentence
with anxiety lest in our easy-going
American way. a tendency to tenn.
porize with a serious offense mis.ht
develop. No thirst for blood gener-
ated the feeling Of deep concern but
q logical and honorable desire 10
see the first traitor OF this war
made an example for the benefit
OF other potential betrayers OF our
country.
He was found guilty OF having
aided a German aviator who had
escaped from a Canadian prison
camp. Twelve acts OF assistance
we're charged against him. Specifi-
caliy, he WAS alleged 70 have given
food. shelter and money 10 an
enemy OF the United States. Since
in effect he confessed his fault there
can be no reasonable doubt about
the justice OF the verdict brought
in by the jury before which he was
tried. The recipient OF his mistaken
benevolence was the Governments
principal witness, proudly relating
details o. the abundant hospitality
which he enjoyed at the restaurant
belonging 20 the defendant.
The stephan case is important be
cause it demonstrates proper de
termination on the part OF Federal
authorities TO punish disloyalty.
The United States is fighting for its
life. and it is we'll for the people TO
understand that the constitutional
provision devised in 1883 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 Unit.
ed States shall consist only in levy
ing war against them or in adher.
ing 10 their enemies. giving then
aid and comfort. No person shall be
convicted OF treason unless on the
testimony OF two witnesses TO the
same overt act or on confession iu
open court The Congress shall
have power to declare the punish
ment OF treason. but no attainder
Of treason shall work corruption OF
flood or forfeiture except during the
life OF the person attained"
The definition thus phrased fol-
lows In language and philosophy the
English statute OF treasons inter
preted in the proceedings against
Sir Roger Easement in 1915 TO in
clude any action which veakens
or tends 10 weaken the power of
the King and OF the country to re-
sist or 10 attack the enemies OF
the King and the country" Prof,
James W. Garner OF the University
OF Illinois mentions among misde
meanors coming within the purview
OF this quoted phrase: Trading with
the enemy, Communication OF in
formation OF the Union was that OF
melting others 10 give assistance
10 the enemy and all acts which
tend and are designed 10 de,ea.
obstruct or weaken our own arms.
II was the purpose Of the authors
OF the Constitution, however. TO
guard against the procedursl Aus
es and inhuman practices which
had been all too common in the
English state trials The first i'm
portant case 10 be tried after the
formation of the Union was that OF
Aaron Burr in 1901 trial which
demonstrated that these precau-
tons were wise" No American
equivalent Of the dangerous doe
trine OF constructive treason has
been tolerated since Chief Justice
John Marshalls Interpretation OF
the Law at Richmond in the last.
named year. According 10 his read
ing. "levyinz war" can be estab-
lished only by the proving Of an
overt act in which the accused &C
tuauy participated. and the overt
act must be Witnessed. No in litid-
ual. then, can be executed for his
opinions or his sympathies. un-
patriotic though they may be
stephan was sentenced following
a trial in which the just procedures
Of an American court we're Oh
served. II is 20 be hoped that no
sentimental other will be whipped