The Washington herald., 1910-04-10
In the United States
BY Ex-ATTACHE.

BY EX-ATTACHE.
Great Britain shares with the United
States the odd distinction of having no
effective legislation whereby IL is posi-
BILE to punish spies In time of peace.
Other powers deal in an exceedingly dras-
tic manner with persons guilty of espion-
age, no matter what their nationality.
But here IN America, as under the Brit
ish flag. there is virtually nothing TO de-
ter those who are bent on securing pos
session of naval and military secrets for
future hostile use. and that is why the
authorities in the Philippines have been
compelled to release the two Japanese
spies, believed to be members Of the gen
ersl staff of the Mlkado's army, who were
arrested the other day at Manila endeav-
oring to secure photographs and plans of
the new Notifications OF Corregidor and
of the other defenses of Manila, as well
as seeking to bride American soldiers.
Twelve years ago. on the eve of the
war with Spain, I called attention in
these letters to the fact that while in war
time a civilian could be brought within
the jurisdiction of the military courts of
law that there was no statutors punish
ment for any civilian found prior to the
outbreak of hostilities taking notes Of
the military and naval defenses of the
United States or contriving by dint OF
perfidy and cunning to possess himself of
valuable secrets in connection with the
American army, feet, and forfeited posts.
In order to bring home this condition
of affairs more thoroughly 10 the minds
Of my readers | pointed out that if
Spaniard, or even an American citizen,
were found within the lines of the forth
fications of Sandy Hook with drawings
CT photographs in his pocket of the de-
lenses of that species OF Cerberus to the
great port of New York he could not be
imprisoned nor subjected to any legal
form OF punishment If he were an alien.
the authorities would have had at their
disposal the very poor remedy of expul-
sion which would practically mean that
they would ship him abroad in order TO
turn his information to good account at
Madrid. while If he was either a native
born American or else a naturalized one,
there would be no way Of bringing him
within the tolls of the law as long as war
had not been declared.
Since then repeated attempts have been
made by the War Department al Wash
irgton to induce Congress TO enact law
furnishing the making Of photographs and
plans OF fortifications, IN one word. pc
nalizing espionage in time OF peace. But
K has been without avail The conditions
which prevailed on the eve Of the war
with Spain in 1905 remain unchanged to-
day and there is nothing save deporta-
ton TO interfere with the unceasing ac-
tivity Of Japanese spies-that is to say.
agents OF the war department al Tokyo
where it is firmly believed, as elsewhere
throughout the length and breadth Of Dai
Nippon. that ere many years have passed
the latter win be engaged in war with
the United States.
In most foreign countries the penalties
provided for treason could be applied TO
those engaged in espionage. since the lat
ter is manifestly an ofense against the
state. But here in America treason. in
stead Of embracing a number of feIonies
consists exclusively in levying war
against the Unite1 States or in adhering
TO their enemies, giving them aid and
comfort" the punishment for this. &C
cording to the act of 1862. being either
death or Imprisonment al hard labor for
not less than FIVE years, a fine of not less
than Slo.00o, and perpetual disability for
holding any Office under the United
States
INT gurlfff "a NIL md IL,
Notifications and the military and naval
secrets Of the United States obtained by
the spies of Japan or of any other for
eign country are manifestly for use In
the event of war against this country.
the nations for whom the information is
procured are not at the present moment
enemies OF the United States and there
fore the law OF treason cannot be invoked
in dealing with their Offenses
England is similarly handicapped. True.
in 1889 the so-called official secrets law
was enacted, which imposed penal servi-
tude for life or for term of not less
than five years, or Imprisonment with or
without hard labor for any term not ex-
ceeding two years. upon persons who
give information to the enemies of the
country or who act as spies or who COM
municate TO them plans and sketches of
fortresses, dockyards. &c.
The communication of official secrets 70
parties other than foreign states was
rendered punishable with Imprisonment
for a year, with or without hard labor
or by fine. or by both. But the statute
vas so unsatisfactory, was so csreIessly
drawn up. and the leading jurlsts and
judges pronounced it so clumsy, intricate.
and altogether impraetieable that neither
the bench nor the government has ever
ventured to invoke 1t, not even in the
most fragrant cases.
In fact, when some time ago a subject
OF King Edward. a servant of the state
was caught red-handed in the act of ne
gotiating with foreign government for