The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-24
MILITARY
80 Attacks on Munition Plants ana
Cargo Ships Are Characterized.

To III EDITOR OF The SuN-Str. The
distractions Of munitions factories and
OF ships and cargoes that have lately
occurred in our country are clearly
military In purpose and In result. 1t
seems highly probable that they have
been inspired by the Teutonlc Powers
for the purpose Of harming their allied
enemies. REGARDLESS Of the fact that the
immediate injury falls upon Americans.
The essential character Of such out
RACES V military. They ere warhke
attacks In neutral America and directly
TRANS n their agents, the object being
to in5ure h ALLIES, who are d~efenceless
In America Il V really q CASE Of
beiligerents warning against the other
belligerents In American territory and IL
wholly opposed to the principles Of
why need this Government wait for
the passage Of q specific act of Congress
giving particular Jurisdiction to the
Federal courts and comforting the right
OF self -preservation?
The men who commit those crimes
violate our neutrality, destroy lives and
millions Of our property under American
protection. The crimes are military Of
fences. committed by military persons
and their agents for military purposes.
II seems that the most apt and
proper course would be TO treat all such
offences as military (martial) acts. and
try them before military courts Courts
martial). the only kind Of court adapted
to swift and summary action upon mill
tary miscreants.
Say what We may, there now exists
actual war in American territory on the
part Of many Teutons against our fAc-
tories and ships and their owners
Should, and must. this Be endured until
the Congress shall pass a law Justifying
self-defence?
We have always believed tina the
right OF seif-preservation both for indi-
viduals n nations Is 30 wholly supreme
that our Executive has the Just power
to act for national self-preservation with
or without n explicit authority as to
specific methods or procedure.
As commander In chief Of the army
and navy. whenever ~expedient, the
President lawfully al declare martial
law 70 exist in any particular district
and provide courts-rartial for the trial
Of military offences when a state Of
actual war exists: why not when
quasi war Il present? II seems to me
that course might now be adopted in
places where there are munitions fac
tories. as at Trenton and Bethlehem. or
In ports for seagoing vessels. as New
York and Boston.
The brond power OF declaring martial
law by Presidential proclamation, as in
cases Of actual war. instruction. &C..
includes the narrower power OF limiting
its application TO particular places. Of
fences and offenders Of q military ma
ture. It surely Is a form Of war and
Instruction when foreign conspirators
combine within our territory to war
against American factories and ships.
Our Bill Of Rights as to trials was
never intended TO apply 20 military Of
fences in places where military law was
in force. Frequently. in time Of peace,
when the civil courts are open courts
martial are IN session for the trial Of
military offences. There Is no conflict
between the two kinds OF courts within
their we'll defined limits.
Let me add that the coming Congress
can have few graver duties than to enact
additional laws In regard to treason.
t~reachery and sedition Inc for procedure
In charges of such offences.
Whoever shall draft an act for the
objects indicated should he careful to
avoid the errors OF the alien and sedi-
tLon laws Of 1898, which largely con-
tributed to the defeat Of the Did Fed
eral party. The craftsman will need to
use the utmost clcarness and exactness
In formulating definitions Of sedition.
~treachery. treason. misprision Of any Of
those offences and OF conspiracy to ef-
feet reasonable. treacherous or seditious
actions against the peace and welfare Of
the United States and against other
Powers In amity with us.
There should also he definitions OF the
meaning and obligations OF allegiance as
assumed under oath by naturalized citi-
zens and provisions for Furnishing
breaches OF uch allegiance, whether by
overt acts or BY conspiracy against the
neutrality or interests Of the United
States.
JOSEPH CuLBERrsoN CLAYTON.
BROOKLYN. November 20.