Major Andre v. Bin Laden’s Bodyguard

Major Andre v. Bin Laden’s Bodyguard

Here's a little history lesson on how America punishes enemy agents from Terence P. Jeffrey of Human Events Online:

The Supreme Court has agreed to decide whether our laws and Constitution require President Bush to try al Qaeda terrorists in a more permissive venue than the military tribunals George Washington used for British spies.

The answer is no.

In 1780, a Continental patrol intercepted British Major John Andre, dressed in civilian clothes, sneaking back toward British lines after visiting Gen. Benedict Arnold at West Point. Andre was carrying secret papers from the traitorous Arnold hidden in his boot.

General Washington handed the dashing and courageous Andre over to a military tribunal for trial. The tribunal determined he “ought to be considered a spy from the enemy, and that, agreeably to the law and usage of nations … he ought to suffer death.”

Andre appealed to Washington--asking only to be executed like a gentleman before a firing squad, not hung as spies normally were.
“Sympathy toward a soldier will surely induce your Excellency and a military tribunal to adapt the mode of my death to the feelings of a man of honor,” said Andre.Washington was unmoved. When he failed to persuade the British to trade Andre for the ignominious Arnold (who had fled), he approved Andre’s hanging.

Seven years later, Washington presided at the Constitutional Convention, where the Framers crafted Article 1, Section 8, Clause 10. It says:

“Congress shall have power … to define and punish … offenses against the law of nations.”