New-York tribune., 1917-07-27
To the Editor of The Tribune.

To the Editor of The Tribune.
Sir: During national war with any hie'
class power the Federal Constitution does
not inure to the benefit of the public enemy
of spies, or of enemy sympathizers, "hether
native or foreign. All spies should be 1or'n-
with tried by court martial and II convicted
shot (U. S. Revised Statutes Sl343). Enemy
svmpathizers after conviction by court mar
tial should be either confined at nard laoor
during the war or else should be deported
to the enemy country, as was Nallandigham.
In 1852 Vallandgham, the state leader OF
a great party in Ohio, publicly sympatnized
with the Confederacy. Ohio was not at that
time invaded The courts were open. val
landigham was tried by court martial, was
convicted of sedition and sympathlzlng with
the Confederacy, and was sentenced to con-
fnement in a fortress during the war. The
Supreme Court refused to interfere (Ex parte
yallandigham. 1 Wall. 243, 251-D. BY way
of Communication of sentence he was then de-
ported to the Confederacy.
In 1904, Peabody, then Governor OF COLO
rado, declared county to be in state OF
irsurrection and ordered one Meyer to be
arrested as a leader of the outbreak and de-
tanned by the National Guard until he could
be safely discharged apd then delivered TO
the civil courts in the county were closed
az a military arrest and confinement without
any civil process. 1t does not appear that
the civil courts in the country were closed
during the insurrection. After the termlha-
ton of the nsurrection Meyer sued the
former Governor, the former AdJutant Gen.
eral of the National Guard, and the captain
of the company which arrested and confined
him, for an alleged imprisonment. Inc
Supreme Court unanimously upheld the acts
of the Governor and the militia. (Moyer v.
Peabody, 212 U. s. 49,
Boer War Rulings
In 1901 during the Boer War, South
African was arrested by order of the mill
tarv authorities, removed 800 miles from his
home and confined in civil Jail by order of
the military in a district in which, while
martial law prevailed the civil courts re-
maned open. The Privy Council upheld
the arrest and confinement LEX parte Marais
A. C. 1902, 109 114-16)
In 1902, during the Boer War, convictions
of Imprisonment at hard labor and fines
Under martial law by an administrator of
martial law for acts contravenng martial
law regulations against sedtion and unlaw-
fuI travel and removal were upheld, though
made by the same person who was also the
civil magistrate and whose civil court was
open at the time. attorney General " Van
Reenen, A. C. 1900, ia, 1879
In 1914 a New Zealand reserve officer not
in actual service went to Samoa after its
capture and after all German resistance had
ceased, and violated war regulations by ex-
porting gold coin from Samoa, carrying per-
sonal letters from German prisoners there
TO their friends interned in New Zealand
and carrying photographs of the captured
German wireless station, as well as manu-,
script for the editors of two New Iea'a"u
,apers. He was taken back to Samoa 'riea
there before a military court, convicted anu
sentenced to five years imprisonment IN New
Zealand The New Zealand Supreme court
upheld the conviction and sentence NNe
Caudin. "a New Zealand L. R., 40l')
In 1914 an Australian statute autnorlIihg