The evening times., 1899-11-17
If lggNALDO is TAKEN
An Army Officer Discusses the
Rebels Possible Fate.
Not So Sure the Insurgent Leader
VIII Become Captive of the
American Troops-The FiIipinOs
May BE Granted Amnesty After the
Present HOstiIities Have Ceased.

What will be done with Aguinaldo wher
he shall have been captured?" is ques
tion which has been asked officials of the
War Department. but which they are un-
willing to discuss. They feel that, in view
of the elusive qualities of the insurgeni
leader, the consideration OF the matter ol
his treatment after capture would be some-
what premature. wait till we get him,
was the answer given to Times reporter
who asked this morning of an army officer
of high rank whether Aguinaldo would be
| shot, hanged, imprisoned, or liberated after
capture.
Il believe said this officer. that the
capture Of Aguinaldo is a remote possibili-
| ty. believe this for two reason. He is
| shrewd and willy and has an intimate ac-
| quaintance with the country. 1t will be in
| his power 10 remain at large practically as
| dispersion of his forces Another reason
| why l consider the chance as remote that
Aguinaldo will be captured. is that the in
tellgence department of General Otis ar
my must be defective. | believe that Gen.
| eral Otis is without information as 10 the
approximate whereabouts of Aguinaldo. He
is uncertain as TO whether Aguinaldo is in
the northern or southern part of the ISL
and Of Luzon. General Otis cannot be posi-
tive that Aguinaldo is in the island at all
! base this belief on the communication
which Presidsnt Mckinley has sent to
Aguinaldo in reference TO Spanish prison.
ers held by the Filpinos. This letter of
the President is ruse. By following it,
&c ,Ia. IL 10 ,nl
The Presidents solicitude for the Spanish
prisoners al this time is triie amusing.
The object of that letter is to find approxi-
mately where Aguinaldo is. If he desires
to keep his whereabouts unknown TO the
American army. il is quite unlikely that he
will fall into this snare. 1t seems aston
ishing TO me that the intelligence service
OF General Otis has not been able TO keep
| the Tagal chief sufficiently under espionage
to be certain as TO what part of the island
he is in 1t would be practicable TO main
tain spies in Agunaldo's crudely and loose
ly organized army.
The proposition of this Government to
| send naval expedition TO Aparri at the
northern extremity of Luzon for the pur
pose of interceptng Aguinaldo should he
attempt 20 escape to Hongkong. is child
| ish. The insurgent would know, If he de-
sired 10 escape. that the point which his
enemies would be most apt to watch
would be Aparri. Ii is quite a point of
embarkation and is the nearest Philippine
| port TO Hongkong.
If Aguinaldo should fall into the hands
of the American troops, he must be treat
ed as a prisoner of war. The Instructions
for the government of armies of the United
States in the field. provide that a pris-
oner of war is a public enemy armed or
attached to the hostile army for active aid.
who has fallen into the hands OF the cap
tor either fighting or wounded, on the
| field or in the hospital; by individual sur
render or by capitulation. All soldiers of
! whatever species of arms: all men who
| belong 10 the rising en- masse of the hos
tile country: all those who are attached
TO the army for its efficiency AMI promote
directly the object of the war. all dis
abled men or officers on the field or else
where if captured; all enemies who have
thrown away their arms and ask for quar-
ter. are prisoners of war. and as such eX
posed TO the Inconvenience as well as en-
titled 10 the privileges of prisoner Of
war -
Judge Advocate General Lieber has said
of rebels and rebellion:
Treating in the field, the rebellious
enemy. according to the law and usages
of war, has never prevented the legitimate
government from trying the leaders OF the
rebellion or chief rebels for high treason
and from treating them accordingly, un-
less they are included in a general am
nesty."
When Aguinaldo shall have been taken
prisoner he may be tiied for high treason,
but the opinion of officers at the War De-
partment is that the American Govern
-nent will not adopt this course toward
the insurgents None of the Filipino cap
lives taken prisoners has been charged
with treason. Ii is quite likely that the
President may issue a general amnesty
after the conclusion of the war to those
Filipiros who took up arms against the
United States.
The Constitution provides that: Treason
against the United States shall consist in
levying war against them, or in adhering
to their enemies, giving them aid and COM
fort. No person shall be convicted of trea-
son unless on the testimony of two wit
nesses to the same overt act, or on con-
fession in open court
Before the Tagal leader could be tried
for treason or rebellion, the question of
his citizenship would have to be deter
mined man must be a citizen Of the
United States to be rebel against the
United States.
1t was said at the War Department to-
day that Aguinaldo would probably be ac-
corded the same treatment as that shown
Indians. After being subdued they are
usually released on promises of good be-
havior. but when. after repeated outbreaks,
it is deemed necessary for the public good.
they are confined as in the case Of Geron-
imo and other Apaches.