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Bibliographical Essay
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{ 173 } bibliographical essay Note from the Series Editors: The following bibliographic essay contains the major primary and secondary sources the author consulted for this volume. We have asked all authors in the series to omit formal citations in order to make our volumes more readable, inexpensive, and appealing for students and general readers. In adopting this format, Landmark Law Cases and American Society follows the precedent of a number of highly regarded and widely consulted series. The most important primary materials for this book are legal sources. One of the Founding Fathers and one of the first justices of the Supreme Court was James Wilson. His views on treason, originally expressed in his law lectures, can be found in Kermit L. Hall and Mark David Hall, eds., Collected Works of James Wilson , 2 vols. (Indianapolis, 2007), especially in the chapter “Of Crimes Immediately against the Community.” For all the modern laws and annotated federal and state court cases on treason, see U.S. Code Annotated, Title 18: Crimes and Criminal Procedure , 582–628 (18 U.S.C.A. 582). Treason and misprision of treason are defined and the punishment set for death or no less than five years, and a fine no less than $10,000, in U.S. Statutes at Large, vol. 35 (1909), 1088–1089 (35 Stat 1088); 62 Stat 807 (1948). See also 76 ALR 2nd (American Law Reports Annotated, 2nd Series) 262–263 and 18 U.S.C.S. (U.S. Code Service, Lawyers Edition) 494–506; 70 American Jurisprudence, 3rd ed. (Thomson/West, 2005), “Treason,” 53–76. The manuscript trial records of Iva Toguri d’Aquino are located at the Federal Records Center in San Bruno, CA. They have been fully mined by some historians, especially John J. Hada and Masayo Duus. All of Iva Toguri’s five appeals (an appeal, three petitions for rehearing, and a motion for a writ of certiorari) were denied: 192 F 2nd (Federal Reporters, Second Series) 338–377; 203 F 2nd 391; 343 U.S. 935; 343 U.S. 958; 345 U.S. 931. Iva’s application for bail was denied by the Court of Appeals for the Ninth Circuit, but William O. Douglas reversed the decision, holding that the question of the guilt or the innocence of the defendant was not an issue on application for bail: 180 F 2nd 271–272 (1950); 192 F 2nd 338; 203 F 2nd 391. A brief survey of all treason cases from the Burr case to the treason by radio cases arising out of World War II is included in Arthur M. Stillman and Frederick R. Arner, Federal Case Law Concerning the Security of the United States (83rd Congress, 2nd Session. Printed for the Use of the Senate Committee on Foreign Relations. Government Printing Office, Washington, 1954), 3–21. For similar treason cases decided during and after World War II, see the Quirin case (1942), 317 U.S. 1; the Cramer case (1943–1944), 137 F 2nd 888; 325 U.S. 1; the Haupt case (1946), 330 U.S. 631; the Chandler case (1948), 171 F 2nd 921, cert. den. 336 U.S. 918; the Best case (1950), 76 F Supp. 138-184 F 2nd 131, cert. den. 340 U.S. 939; the Gillars case (1950), 182 F 2nd 962; 174 { Bibliographical Essay } the Burgman case (1951), 188 F 2nd 637, cert. den. 342 U.S. 838; the Kawakita case (1952) 343 U.S. 717, 741; and the Provoo case (1954), 215 F 2nd 531, 124 F Supp. 185. Reliable contemporary accounts useful for my study are very few. Rare exceptions are Master Sergeant Katsuo Okada’s report on Iva’s daily life, an English translation of which is fully discussed in Rex B. Gunn’s work (see below) and Namikawa Ryo’s activities at Radio Tokyo in “Japanese Overseas Broadcasting: A Personal View,” L. R. M. Short, Film and Radio Propaganda in World War II (Knoxville , TN, 1983), 319–333. Clark Lee, “Her Neck in a Noose,” in One Last Look Around (New York, 1947), 84–91, and Harry T. Brundidge, “America’s First Woman Traitor ,” in The American Mercury (January 1954), 37–41, are too one-sided and distorted to be reliable. In addition to the primary materials above, my study heavily depends upon many secondary works. In fact, all the historians build on the work of others who precede them, and I would like to fully acknowledge my indebtedness to the following studies, both books and articles. On...