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Volume V · Page 68
| in another new trial against him as a defendant before a Polish court. The prosecution maintained silence as to his statements. Fair conduct on the part of the prosecution would at least have demanded some hint. The procedure followed by the prosecution towards Hildebrandt is not in harmony with the principle emphasized by me. c. The defense does not wish to impute to the prosecution that the text of its statement of 2 February 1948 does not conform with their convictions regarding Hildebrandt's activity in Danzig-West Prussia. In the event of a judgment from this Court with respect to Danzig-West Prussia, the defense does not wish to contest the expectation of the prosecution to hear the declaration: |
"I find no guilt in him." |
| Finally, the defense does not wish to deprive
the prosecution of its belief in the weight of its statement that hereby a
judgment for Hildebrandt's activity in Danzig-West Prussia can be obviated.
6. However, the defense is convinced that the prosecution is just as unaware of the desire of the Polish Government to have Hildebrandt extradited today, as of the subsequent obligation of the American extradition authorities to reject the extradition demand of the Polish Government after judgment has been passed on Hildebrandt's activity in Danzig-West Prussia, because respect for the American Constitution compels the American authorities to this action. 7. But it is not consistent with the spirit of the American Constitution to circumvent fundamental provisions in an unfair manner, Ralph Emerson * once said, and I quote: |
"Morality is the ultimate goal of the State. A hundred years ago the American people attempted to establish the charter of human rights with almost ideal perfection. Obligations to humanity are incumbent upon the State. It is our duty to fight for liberty and justice to the very last at home and abroad. Since the world should be ruled by common sense and morality, it is the obligation of our nation to be noble. America should not be as were the old nations, greedy, exclusive, and intolerant, but a Samaritan as no other land * * * The legislation of this broad land must be more magnanimous than that of any nation. It must become cosmopolitan." |
| To entrust a human life to another power in the way contemplated by the prosecution is not consistent with the words of this great American philosopher, expressed with the high feeling of responsibility. |
* "Emerson's Geisteswelt" by Paul Sakmann, Stuttgart, published by Frommanns, 1927. p 243-244.
