The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1902-06-27
A Champion Of Freedom.
Continued from Ist poge)

OF ueCepJlOn, DuI uiSCi"imo "N'' Va
perfidy. and, in general, military me-
cessity does not include any act OF
hostility which makes the return to
peace unnecessarily difficult"
The rule says:
at admits of deception, but dis
claims acts of perfdy."
That also follows the prohibition
of the use of poison, with which it is
associated.
Now, perfldy is defined later in par
agraph III, which declares.
ut is justly considered an act of
bad faith, of infamy, or fiendlshness
to deceive the enemy by flags of pro-
| lection"
Paragraph 65 is:
"The use of the enemy's national
/ standard, flag, or other emblem OF
nationality for the purpose Of deceiv-
ing the enemy in battle is an act of
perfidy."
Is not the uniform an emblem of
nationality? If it be an act of perfidy
the use of that emblem of national.
| ity to deceive the enemy In battle
is it any less an act of perfidy to use
| it TO steal upon him and deceive him
when he is not in battle and is in
his own quarters? This Is also pro-
hibited by the convention of The
Hague, which must have been well
known to all our officers, which had
been signed by the representatives of
this Government, although it's formal
approval by the Senate took place
this winter. | suppose If it be per-
fidy now according to the unanimous
opinion of the Senate, and was per-
fdy before, according to the concur
rent action of twenty-four great ma
tons, the question when we formally
ratified the treaty becomes unimpor-
tant.
Article 23 of the convention de-
clares.
90 To make improper use of flag
of truce, the national flag or military
ensigns, and the enemys Uniform
is specially prohibited. That is class,
ed in that article also with the use
Of poison and poisoned arms.
So, Mr.. President, the act. of Gen.
Funston-not Gen. Funston himself,
If he acted under the orders OF his
superior-but the act of Gen. Funston
Is stamped with indelible infamy by
Abraham Lincoln's articles of war, to
which the Secretary of War appeals,
and the concurrent action of twenty
four great nations, and the unani-
nous action of the Senate this winter.
Let me repeat a little: What is
an act of perfldy as distinguished
from the deception which General Nc
Arthur thinks appropriate to all war,
as defined by both these great and
commanding authorities? That is de-
fined in paragraph 65, which declares
that
'The use of the enemy's national
standard, flag, or other emblem of ma
tionality for the purpose of deceiving
the enemy in battle is an act of per-
fdy, by which they lose all claim to
the protection of the law of war"
If that be true, is 1t less an act of
perfidy to use the uniform of the en-
emy-his emblem of nationality--to
steal upon him when no battle Is 60
ing on? One hundred and seventeen
is to like effect
1T Is justly considered an act of
bad faith, of infamy, or iendishness
to deceive the enemy by flag of pro.
lection. Such act OF bad faith may be
good cause for refusing to respect
such flag"
Such deception is Of the same kind
as that practiced on the unsuspecting
Aguinaldo, which the rule Justly"
as 1t declares, Considers an act of
infamy or fendishness." Rule so is:
1T is against the usage of modern
war to resolve, in hatred and revenge
to give no quarter"
Observe this Is not justified even
by revenge.
mo body of troops has the right to
declare that 1t will not give, and
therefore will not accept, quarter.
$50. A prisoner of war is subject