Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-05-02
THE FATE OF A SPY.
What Would Happen in Case Uncle San
Catches One.

the present stage OF the war!
The law on the subject is terse ana
explicit to a degree. Section 1343 of the
Revised Statutes reads: IAN persons
who in time of war or of rebellion
against the supreme authority or the
United States shall be found lurking
or acting as spies in or about any Oh
the Notifications, posts, quarters or en-
campmentS of any of the armies Oh
the United States or elsewhere shall De
triable by a general court martial OF
by a military commission. and SNAIL
on conviction therefor suffer death.
1t will be noticed that the law does
not say how a spy shall be executed
but it is mandatory that he shall ole IN
eXpiation of his crime. This is one OF
the few instances in military law where
the court martial or military commls-
sion has no discretionary power IN pre-
scribing the punishment to be lniilcted,
the paragraphs treating OF military
misdemeanors usually ending with the
phrase. "or such other punishments as
the court may prescribe. Spying Is
regarded as such grave oftense IN the
eyes of military men that death is
made the mandatory sentence. While
the mode in which they shall be put to
death is not prescribed, spies are us
ually hanged because the death is an
ignominious one and more painful than
shooting.
An officer high in the army, now sta
toned at Governors Island. who has a
thorough knowledge of military law
while talking about spies. said:
IF Spanish spy We're caught Turk
ing about the fortlications in the har-
Dor, | don't believe he would be hanged.
or put to death in any manner. | don't
believe public opinion would allow such
a procedure at this stage of the war.
There is no extreme bitterness in this
country amCng the people generally
against the Spanish, and at this early
stage of the war, and while the fight
ing is still so far away from home, J
don't believe a spy would be put tC
| death, if caught. OF course. it woulG
he a different story if hostile flee
We're down the bay preparing t
lombard the city. Short shrift would
be given a spy, then. Or if the two
armies We're facing each other in the
| field, where spy's information could
| be put To action and Immediate use
his life would not be worth pinch oi
! salt, if he We're captured
What would be the actual course OF
| procedure if spy We're caught, say
today, lurking about the Notifications
in the harbor?"
He would be arrested and turned
over 10 the guard on duty for the day
| He would be put in the guard house
| like any other prisoner and theI
| brought here for trial. The secretary
| of war would convene the court mar
| tial to try him. If he We're found gull
ty. the sentence would be death. Thel
I believe that public opinion WOULD
| force the secretary of war to commute
| the sentence to imprisonment If that
course We're pursued the spy would be
put in & military prison and kept there
| until the war is over. | don't believe
we would hang men up on as little
provocation as we did during the late
war. | remember when my command
marched through Fredericksburg just
after Gettysburg we found two spies
hanging to the same tree. We lef'
EN- hanging there the old Officer
added. retiectively
Spies have been used in all war.
from the time Moses sent Joshua OF
such an expedition to the present time
| Their use in warfare is recognized by
the law of nations, as interpreted by
such authorities as Vattel, Grotius ant
Martens. Nor is it held to be a dis
homer to a general to use them. On TIL,
| other hand, a SOY is looked upon as al
There is recognized military Ell
quette governing their use. The call
ing is so dangerous and so little re
bounds to ones honor, it is not per
MISSILE for a general to compel b,
threats any person to act as spy, bu
he is at liberty to accept such services
when offered.
In the British Army they almos
have a recognized place in the service
and are usually under the control o
the quartermaster general. Martha
law, while distinct enough in orderin:
the death of a spy, is not clear in de
filming what constitutes a spy.
\ man belonging to an opposin:
force and found inside the enemy
lines in the enemy's uniform. or il
civilian dress is held and treated as
spy. If, on the other hand he he il
| his own uniform he can only be trea te,
as a prisoner of war or a deserter.
AS regards honor and penalties, spie
ought in fairness to he divided int
two classes, those who. While in tn
employ of their own country, betray it
secrets to the enemy, and those Wh
penetrate the enemy's line in dsgus
to get information for their general
use. The first class is regarded as ut
terly despcabe by the country tina
employs them, as we'll as by the coun
try they betray. The Esterhazy Drey
fus affair is the latest and most con
Spicuous case where such work ha
come to light. Capt. Dreyfus is nov
undergoing Imprisonment charged Will
selling French army secrets to the Ger
man embassy in Paris His case ha
created a furore throughout the civil
lied world.
OF the latter class the two mos
famous cases in the history of our owl
country are those of Nathan Hale an,
Major Andre.
Nathan Hale was a captain in Knowl