Evening star., 1952-02-24
What Is Treason?

as it applies to law, treason is
strictly a wartime proposition. It
means making war against the
Nation, or giving aid and comfort
to an enemy who Is making war
against the Nation. Treason Is
punishable by death, and there is
no time limit on prosecution. This
is the only ofrense in the book that
is defined and discussed in the
Constitution. It II next to Inn
possible to prove.
There have been spies, and there
have been traitors, as long as there
have been societies Of men. But
the concept Of the spy always has
been clear cut-he is the man who
deals In O nations secrets In order
to benefit another nation. The
traitor, on the other hand, has in
past times been many things be-
sides what We now consider him to
be-the man who tries to deliver
his country into the hands Of an
other.
Back when the American Re-
public was being founded, the
British law regarding treason was
20 broad that 1t could be used % O
valuable thought-control weapon.
That was why the founding fathers
90 carefully limited the powers OF
their own state In combating treA-
son, and that was why they de.
fined treason a. closely 90 they did.
They did not mention espionage
In the constitution-just 90 they
did not mention murder, rape,
arson and burglary. Those crimes,
being we'll understood, were un-
likely TO be defined In such O way
that the laws against them could
become instruments Of tyranny,
countsEisItIne and Seduction
But treason, under the old British
law, could be such 0 relatively
minor offense aS eounteFfeiting-
or sedueing the Kings mistress,
The trainers OF our Constitution
said treason had 10 do only with
levylng war against the Nation or
giving old and eemfeFt 10 its
enemies,
British courts frequently con-
vieted Q man OF treason on hardly
mere than heaFsay evidence, The
Constitutions authors required that
there be two witnesses to the same
overt oct, or that the accused con-
fess In open court,
corruption OF blood" worked In
Britain, too, q son could be de-
graded for his fathers crime. This
was done away with by the Con-
sututien's authors,
The traditional British punish
ment for treason was baFbaric
affair Of which being drawn and
auartered was one Of tho more
humane aspects. TO prevent such
penalties being exacted here, the
eighth amendment, In the Bill OF
Rights, was adopted TO forbid
,"cruel and unusual punishmenta."
Rules OF the Come
To commit treason in the United
States, then, person must cemmit
an actual offense, either aiding the
enemy or waging war against this
country. He must be caught In
this act, and there must be two
witnesses available-or he must
confess In court, where the ques-
ton Of O third degree" cannot
arise.
Obviously, the technical fact that
the United States 10 not OF war with
Russia makes prosecution Of O Com.
munist spy for treason impossible.
But even II there were O war, it Is
unlikely that Red agents would be
committing their treason In semi
public, with enough onlookers to
make the crime provahle.
The dificulty Of making q trea-
son charge stick is clearly indi-
Gated in the record. Only Is
persons have been convicted Of
treason by United States courts.
No one ever has been put to death
for this crime by judgment Of Q
Federal bench. John Brown, who
a