New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-03
SPIES IN TIMES OF PEACE.
THE INAUGURATION OF A NEW FORM OF
PRIVATEERTNG

country and SPAN tuerc uIc wv ih't'N'' "'''N
specially demand the attention Of the American
pcople-namcly the method Of dealing Win
spies and the question of privateerins' term
concerning which much mlsaplrchchSloh pre-
,ails.
With regard to espionage, there is strangely
enough no means in the United States OF deai-
Ing with it IN time Of peace or even Oh the eve
of hostiiit!es Strictly speaking no civilian can
be brought within the jurisdiction OF the MIN
tary courts Of law before war has actually pcch
declared But until that has taken place thero
is nothing statutory in the way OF punishment
for any civilian who is found taking notes Oh
military and naval dcfcnccs OF the u>I'cu
States or who has managed by amt oil pc'''u!
and cunning. to possess himself oil Va'"""''
secrets in connection with the American A''"H
fleet and fortified posts. III this the 'i''''"
States stand almost alone and there Is no' i
single Power OF the Old World. not even Eng
land. which has rot enacted legislation loI '"'
purpose OF providing condign punishment lot
those who make It their business to surprise ana
betray secrets that belong to the state
NO PUNISHMENT FOR A SPY.
IN order to bring this condition 81 affairs more
Thoroughly home to tho minds OF the re"u''S
of The Tribune would add that II Spahi''"
or any other alien, or even American cl''H'"S
were found within the lines Of the fortHed'o"S
Of Sandy Hook with drawings or photographs
IN his pocket Of the defcnceS 'here' "'
could neither be imprisoned nor SUBJECTED 10 any
legal form Of punishment. II he were an al'ch'
the authorities would have At their disposal 'he
very poor remedy OF expulsion. which would
practically mean that they would snip MIN
abroad in order to turn his information 10 eood
account in Madrid while II he were ei'her
native-born American citizen or natural
Ted one there would be no means whatsoever
OF bringing him within the tolls OF the Ia" SC
long as war had not been declared. Indeed
were the military authoritcs here TO place MN
under arrest and to hold him, they would rem
der themselves liable to prosecution In Amen
can courts FOR unlawful Imprisonment. and whlic
II may safely bc taken for granted that no
American jury would ever grant vc'd'c'
against them, yet there is no doubt mat any
civil tribunal deciding the case merely on hs
legal merits would be compelled to give 1udS
ment in favor OF the spy.
There arc some people In rhs country who
hold that spying Is the one offence ioi
which a civilian can he tried and pnnishcd ~
court-martlal In times OF peace Eut TINS
mistake No civilian can be rendered amen
Guards Of an ordinary tribunal uness war has
been declared or martial Law proclaimed. undcr
the circunls ances II would seem Iolltic to In
Produce without delay come legislation anaIo
pous to that which now exists In England. where
nv ANYBODY engaged In spying-that IS TO say
IN attempting TO secure possession OF secrets
relating 70 the naval and military dcfenccS OF
the country with a vic>c 10 communicating them
90 puwCr-.IlAy be suitably pun
ishe-d by the United States cour@s
IN CASE OF WAR.
The matter Is one OF all the more importance
since In the event OF war question "ouid
certainly arise as TO the legality OF dealing win
those aliens or citizens found conveylng inior-
nation to Spain. OF course. II the spies were
found inside the lines OF fort or arsena! ana
arrested by military or naval men there "oul"
be no doubt as TO the Jurisdiction OF the court
martial. which would have perfect right to
innict tho sentence OF death.
But ~ for instance. the police IN New YORK
were 10 discover that some resident OF the
city was conveying important Information to
the encrr1y. II is doubtful whether the offence
would come within the scope OF the military tn
tunals and the only manner In which his case
could be dealt With In any other fashion would
he by the President decrceing a suspension Of the
Uabeas Corpus act and ordering his confinement
IN prison. possibly until the end Of the conflict.
Unless / am much mistaken, this was the course
adoptcd hy President Lincoln with regard to
certain citizens OF the North who were known
10 be giving practical and disloyal form to
their sympathics with the Conf dcracy. But II Is
a cumbersome and from n legal poin, Of view.
a mos. unsatisfactory way OF preventing trcach-