The case created an uproar in England. The essence of spying is that the spy shall be caught while seeking information, and André was not thus caught. The Americans contended that so long as he was captured before he had returned to his own lines he was to be regarded as a spy, and, therefore, liable to condemnation. Many people in England, and elsewhere, regarded André as a martyr. George III. granted a pension to his mother, a baronetcy was conferred on his brother, and, in 1821, his remains were allowed to be exhumed, and were brought to England and buried in Westminster Abbey! It is most important to recognise the distinction between spying, properly so called, and "war treason." The inhabitants of an occupied territory do not owe any allegiance to an invader, but they do owe him the duty of remaining quiet and abstaining from acts which might endanger his safety or success. They are subject to his martial law regulations, and, under certain circumstances, they may be guilty of war treason. War treason has been defined by the Germans as:-- "The act of damaging or imperilling the enemy's power by deceit, or by the transmission of messages to the national army on the subject of the position, movements, plans, etc., of the occupant, irrespective of whether the means by which the sender has come into the possession of the information be legitimate or illegitimate (_e.g._, by espionage)." It is, of course, regarded as an act of perfidy when a person whose rights as a non-combatant have been regarded abuses his position to render aid to the national army. Non-combatants, save when the "levy in mass" has been put in force, have no right, it is considered, to meddle in any way with the operations of the contending armies. Bearers of despatches, whether military or civilian, are not spies so long as they work openly. During the Franco-Prussian War, Bismarck contended that all who attempted to pass out of Paris by balloon were spies, and should be treated as such, and though those who were caught were not put to death, they were very harshly treated. He was, undoubtedly, wrong under international law as recognised at the present day. Since those times, the aeroplane has placed in the hands of military commanders a powerful weapon, not only of espionage or scouting, but also of communicating information, and probably not even Bismarck, were he still alive, could contend that the use of aeroplanes could be regarded as bringing the airman within the laws of espionage. And there is no difference in principle between the aeroplane and the balloon. Obviously, there can be none of the concealment which is necessary to establish spying.