from the realm of thought into the realm of action.
That requirement is undeniably met in the present case, as it was in the
case of _Cramer_.

"The _Cramer_ case departed from those rules when it held that 'The
two-witness principle is to interdict imputation of _incriminating acts_
to the accused by circumstantial evidence or by the testimony of a
single witness.' 325 U.S. p. 35. The present decision is truer to the
constitutional definition of treason when it forsakes that test and
holds that an act, quite innocent on its face, does not need two
witnesses to be transformed into an incriminating one."[737]

THE KAWAKITA CASE

The third case referred to above is Kawakita _v._ United States,[738]
which was decided on June 2, 1952. The facts are sufficiently stated in
the following headnote: "At petitioner's trial for treason, it appeared
that originally he was a native-born citizen of the United States and
also a national of Japan by reason of Japanese parentage and law. While
a minor, he took the oath of allegiance to the United States; went to
Japan for a visit on an American passport; and was prevented by the
outbreak of war from returning to this country. During the war, he
reached his majority in Japan; changed his registration from American to
Japanese; showed sympathy with Japan and hostility to the United States;
served as a civilian employee of a private corporation producing war
materials for Japan; and brutally abused American prisoners of war who
were forced to work there. After Japan's surrender, he registered as an
American citizen; swore that he was an American citizen and had not done
various acts amounting to expatriation; and returned to this country on
an American passport." The question whether, on this record Kawakita had
intended to renounce American citizenship, said the Court, in sustaining
conviction, was peculiarly one for the jury and their verdict that he
had not so intended was based on sufficient evidence. An American
citizen, it continued, owes allegiance to the United States wherever he
may reside, and dual nationality does not alter the situation.[739]

DOUBTFUL STATE OF THE LAW OF TREASON TODAY

The vacillation of Chief Justice Marshall between the Bollman[740] and
Burr[741] cases and the vacillation of the Court in the Cramer[742] and
Haupt[743] cases leaves the law of treason in a somewhat doubtful
condition. The difficulties created by the Burr case have been obviated
to a