New-York tribune., 1896-01-21
WHAT TO no WITH iNESON.

WHAT TO no WITH JAMESON.
President Kriiger Is either Il diplomat or a
| humorsr. or both That is shown clearly in his
| decision TO turn DR.. Jameson over 10 the Brit
| ish Government for trial and punishment. From
n political point Of view nothing could have been
| more shrcwd Had he kept the bold knight
Grant at Pretoria and dealt with him himself.
| there would surely have been trouble. Pardon
| or q light sentence would have enraged the
| Ro,rs and cndancercd "Oom Pauls' authority,
while captal punishment would have caused the
oncn revolt of every Outlandcr. and brought an
| Irresistible tide Of British vengeance over the
| border from the Cape BY giving up his pris-
| oncr the Bocr President avoids both these horns
of the dilemma. and AT the same time with grim
| humor impalcs the hated British upon them
For 1t is perfectly evident that the British VIII
| be- more pcrplcxcd than the Beers 10 determine
| what 10 do with him.
| Dr Jameson has been freely called land
| pirate. maraudcr. and Il freebooter 1t Is easy
10 call nantes. But no British court. any more
| than any American court. can convict him OF
| the crimes thus implied. He did not commit
piracy. of course. since he was on land and not
| on the sea Neither did he commit an act equiv
alcnt thereto. For an essential clement OF
piracy Is that the perpetraor Is IA person NOT
| holding commission from. or M the time
| .pcrtainlng To. any established State But
! Jameson did hold such "A commission, so his
| act was not equivalent to piracy To continue
| the naval parallel his act was more like that OF
"A regularly commissioned ship Of war which,
| exceeding instructions attacks the ships OF
| friendly Power. That is an offence, but under
| international law II is not piracy. Moreover
| pirates or on land. frcebOoters and maraudcrs
are persons who form an organization Tor
purposes of plundrr or with malicious Intent
but not for political purposes" But it Is ad-
mittcd hy all that Jameson's raid was not for
plunder. nor with malicious intent. and most
cmphaically WIS for public and political phr-
poses lie entered the Transyaal In response 10
| an urgent appeal from some of the Oulland-
-rs. for the purpoSe-as hc verify believed of
| projecting their lives ard securing their potl-
cal rights. And as matter Of fact thousands
| of the Outa ndcrs were ~ that time under arms.
in practical revolt against the Boer Government.
| JamcSOns offence seems, therefore. 10 nave
b.en merely that Of an officer of one State who
| enters another State and joins one OF the parties
| 10 n civil war existing therein. Undoubtedly,
| that gives the latter state good ground for Il
| claim against the former FOR compensation. Ii
| also renders the officer in question subject TO
| punishment by the Government from which he
| received his commission. What in Jameson =
| case Is that punishment likely TO be: He will
| not, Of course, b.. arraigncd under the common
| law That Is ont Of the question. His offence
| is against either the neutrality law or the mill
| tarv regulations The former provides that any
| one who within British dominionS. fits out an
| expedition against any friendly State shall be
| punished by fine and imprisonment. Technical
| Is. that was wha; jameson did. But the point
| will be raised that he did not 90 against the
| Transvaal State, but merely 10 the assistance
| of a majority Of the inhabitants Of that State.
| And since the Government is apt TO consider
| motives and intentions rather Than literal tech
| nlcalitics in dealing with It's own subjects. IL is
| quite probable that ii will decline To prosecute
! Jameson on that score. SO far aS military law
| Is concerned the ease Is weaker still. Jameson
| himself held civil. not Il military commission,
| and therefore Is exempt from the code: and his
| lcntcnants who did belong 10 the army can
| scarcely be held guilty of 'muiiny and con
| spiracy 10 cause scditon.' They simply obcycd
| their superior civil officer; that was all. True,
| his orders were unlawful. and they therefore
| had "A right 10 refuse To obey him. But In fail
| ing 50 10 refuse they were ut worst guilty Of
| mere error of judgment
| The British Government. then. Is in this pre-
| dicamcnt: II has in its hands for trial ana pun
| ishmcnt IL man who Is unqucstionably the pop
| ulnr hero of the day. Under strict, technical
| construction Of the neutrality law it can inflict
| fine and Imprisonment upon him; with an ahso-
| lutte certainty Of raising against itself for so
doing a storm Of popular Indignation Under
| customary rulings. on the other hand. IL can
| let him go free: with certainty Of aggravaling
| Rocr resentment. and Of encouraging others Ia
| do under more favorable auspices what Jane
| son did or tried TO do. Rhadamanthine justice
| doubtless demands the former course and scnti-
| mcnt the latter The choice between the two
will be trying one t. make; and the Bocr chief
| tain will indulge in many Il deep chucklc over
| the pcrpicXity Of his foes At the same time he
| will do well to look to his Constitution. FOi
| whatever may be done with jameson. the out
landcrs are still there They form the ma jority
Of the population Of the Transvaal in numbers
| in intelligence. in wealth. in enterprise and in
a republic It Is impossible for such ma iorty
| permanently 10 he ignored.
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According to the latest Transvaal estimates d