New-York tribune., 1902-03-15
HAGUE TREATY RATIFIED.
PROVISIONS FOR MORE HUMANE CON
DUCT OF WAR.
FUNsTONs CAPTURE OF AGUINALDO DIS
CUSSED IN THE SENATE'S EXEC
UTIVE SESSION.

Washington. March 1.-THE Senate spent an
hour in executive session to-day on the con-
vention growing out of The Hague Peace Con-
ference relating to the conduct of war on land
and sea, and finally ratified the agreement with
out a division.
The discussion turned entirely on the conduct
of the war in the Philippines, and related es-
pecially to General Funston's capture of Agr1i-
naldo. Senator Teller inquired whether. if this
treaty had been in force at the time the method
Of AguinaldOs capture could have been justified
He quoted the provision in the treaty relating
to the conduct of spies, and said he did not
mean to assert that General F'unston's course
would not have been regular. but merely to Sc
cure the opinion of Senators who had given at
tenton to the treaty and who also were familiar
with the details of Aguinaldo's capture.
senator Burton replied to the inquiry. speak
ing especially for General Funston. and said he
was sure the proceeding the generals part
had been not only humane. but had been in ac-
cordance with the rules of civilized warfare
1t was true. he said that General Funston and
his force had acted somewhat in the capacity of
Spies but what they had done had been in the
line of honorable warfare.
Senator Hoar also spoke at some length re-
garding this provision in the treaty He re-
ferred to Aguinaldos capture and said that he
believed the adoption of the treaty would have
a tendency toward elevating the conduct of
modern warfare
Some of the members Of the Committee on
Foreign Relations said that the ratification of
the treaty would place this country in accord
with the highest thought of the times and ex-
pressed the hope that the treaty would receive
the unanimous support Of the Senate. Those
who raised questions denied any intention to
prevent favorable action.
FEATURES OF THE TREATY.
The countries party to the treaty are Ger
many, Austria. Belgium. Denmark Spain, the
United States Mexico, France. Great Britain,
Greece, Italy, Japan Luxembourg, Montenegro
the Netherlands, Persia. Portugal, Rumana
Russia. Servia. Sweden and Norway Turkey
and Bulgaria. The provisions of the treaty are
binding only on the contracting powers in case
Of war between two more OF them and cease
to be binding when a nOn-cOntracting power
joins either Of the begerents.
The most important feature of the treaty is
that prohibiting the use OF "dumdum" bullets
Among other things specially prohibited are
To employ poison or poisoned arms.
To kill wound treacherously individuals
belonging to the hostile nation army.
To Kill or wound enemy who having laid
down arms, or having no longer means Of de-
fence, has surrendered at discretion.
To declare that no quarter will be given.
To employ arms. projectes or material Of a
nature TO cause SupernuOuS injury.
To make improper Of flag Of truce. the
national flag or military ensigns and the
enemy's uniform, as we'll as the distinctive
badges of the Geneva Convention.
To destroy or seize the enemy's property un-
less such destruction or seizure be imperativey
demanded by the necessities Of
Ruses Of war and the employment Of methods
necessary t. obtain information about the
enemy and the country considered allow
able
The treaty provides follows regarding spies
An individual only be considered a spy
II, acting clandestiney false pretences he
obtains seeks to obtain information in the
of operations Of n begerent with the In
tention of communicating II to the hostile party.
Thus, soldiers not in disguise who have pene-
trated into the zone of operations of hostile
army to obtain information not considered
spies. Similarly, the following not Consid-
cred spies: Soldiers civilians. carrying out
their mission openly. charged with the delivery
Of dispatches destined either for their own army
or for that of the enamy. To this class belong
likewise individuals sent in balloons 10 deliver
dispatches and generally TO maintain communi-
cation between the various parts of an army or
territory.