Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-11-29

take up arms and the entire population
engages in hoStilitieS.
The reason for these particular reser-
vations is made plain In the first in
stance, which says that private prop
erty may be seized without compenSa-
ton as a penalty for military oHenses,
the ConQueror is given an opportunity
to punish individuals guilty OF Viola
lions of the laws of war. So. also, IL
the provocation be strong enough. il is
;illowa BILE to attach an ofense to
whole community and make IT account
able for the acts of its individual mem
bers.
In the second place. the nations con-
tend that they have right to make
the enemy contribute to the expense
of war Troops, therefore, in the enc
my's country may be authorized to pill
lage private property for means of sub
sistence.
Since it is not always possible or pol
itic to provide regular magazines Tor
the entire supplies OF an army during
the active operations oil campaish'
the generals are sometimes 1orceu 10
resort to military acquisitions ana IN
trust the troops to provide their own
subsistence. The inevitable consequence
is universal pillage of private prop
erty. While this system Is rapidly lall-
ing into disrepute, because II converts
,eaceful and non-combatant lnhaDlt-
ants into implaca bic enemies. IT is new
ertheless considered justifiable In some
occasions and permitted by the law OF
war.
In the third place. private property
tai n on the field of battle during
Siege is usually regarded as legitimate
spoils of war and belongs to the con-
uuering state. In the general practice
of modern times, therefore, II IS war
ranted under the laws and ordinances
of belligerent nations that THIS prop
erty, known as the spoils OF war may
be distributed among the captors as
reward for bravery.
The subject OF spies is dealt with very
lucfdly in the law of war. Employment
If s,,ies is generally considered a kind of
,landestine practice, "A deceit IN war, al
lowable by its rulers. Practlcaily the
only positive law affecting spies Is that
which condemns them TO capi'al pulilsh-
ment upon capture. For TINS reason i
man of honor who would not expose
himself to die by the hand OF common
executioner declines to serve in this ca
pacity.
An individual can only be considered
a spy it, acting false pretenses, he
obtains or seeks to obtain. information
in the zone of operation OF an enemy
with the intention OF COMMUNICATING II
to the hostile party. Thus 1t Is the us
suise which constitutes the perfdy and
renders the act punishable with an
ignominious death. Because no authority
can require a subordinate to commit
treacherous or criminal act. and because
no spy will justify himself by ascrlpihg
the issuance of the order to some one else.
extreme odium falls upon the spy mm-
self and the punishment becomes neces-
sary.
Distinction must be made between acts
of treachery and those committed in good
faith Any snare laid with the idea OF
leading the enemy into error and which
imposes no moral obligation to disclose
the truth is not only allowable, but often
constitutes the chief glory of many cele-
brated commanders.
The stipulation that activities must be
carried on in good faith is essential. for
without 1t hostilities could not be
terminated with any degree OF safety. nor
could truces be entered into for the pur-
pose of discussing peace propositions
without danger.
The rules Of war in practice upon the
sea are not as simple as those on land,