The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-14
NBAI D Do WITH HIN
AguinaIdo, If Caught, Would
be Tried for Treason
BY MILITARY COMMISSION
And Imprisoned in This Coun-
try, Most Likely,
BY MILITARY COM MISSION

Washington, D. c., Dec. 13,-What to do
with Aguinaldo after capturing him is
a problem which is beginning to perplex
Uncle Sam, and is sure to inspire no end
Of controversy in short time.
Those considering the legal aspect Of
the case are of the opinion that the only
tribunal which can lawfully try the in
surgent leader is a military commission
rather than court-martial or civil court.
Such a commission probably would con-
sLst Of seven officers appointed Dy the
President as Commander-in-Chief Of the
army or by General Otis on recommended
ton of the President. They would sit at
Manila and their jurisdiction would be
Independent of the articles of war-the
United States statutes which prescribe
punishment for cases tried by court
martial.
The jurisdiction Of court-martial is
confined to men in our military service
or those connected with it, while that of
a commission includes offenses In a ter
ritory under our law committed by the
enemy and his SympathizerS.
The military commission trying Agui-
naldo would conform to the rules and
practices Of a coIr:-ma.t al. In other
words, the officer of highest rank-prob-
ably a Major General-would preside as
Judge Advocate while Aguinaldo would
be allowed counsel chosen by himself.
The commission might devise any hu-
ma CHI ba FMS
er which it saw fit. It might sentence
him to death, to imprisonment for life or
for any length OF term, or TO deportation
to some military post on this continent
Except in the case of spy, whose SEN
tence must, under the law, be death and
nothing less, the dissection Of a military
commission in imposing sentence is not
legally restricted or defined, as is that of
a court-martiaL The President, however
would have power to disapprove of its
findings and, after all, the fate of the
rebel chieftain would rest with him.
Aguinaldos sentence by military COM
mission would depend upon the character
Of the charges brought against him. Dis
cussing this point an authority on mill
tary law a few days ago, pointed out in
a volume on 'NThe Military Laws of the
United States" this ominous paragraph:
Treating in the field the rebellious enc
my 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 treas
on and from treating them accordingly,
unless they are included in a general am
nesty."
In other words, had President Mckinley
issued a proclamation offering general am
nesty to the Filipinos, Aguinaldo ond the
other leaders of this rebellion would he
spared trial and punishment. But in the
Presidents order of last January he Of
fered to all Filipinos cooperating with
our forces support and protection. "All
other" ne said, Twill be brought within
the lawful rule we have assumed, with
frmness If need be, but without severity
SO far as it may be possible
The proclamation of the Philippine
commission. issued in April, warned Fill
ipinos resisting our supremacy that they
"can accomplish no end other than their
own ruin"
II brought before a military commits
sion, Aguinaldo might be charged with
high treason as well as with melting re-
bellion. Risley, in his Law of Wars"
says: Strictly, rebels are liable to be
treated as traitors and criminals" Ac-
cording to this authority those who took
part in the Monmouth's rebellion in Eng
land in 16S5-the event which inspired DR..
Doyles "Micha Clarke'-were traitors
and rebels legally subject to the death
penalty, although many circumstances
combined to enlist sympathy in their
favor.
Had our government ever recognized |
the Filipinos as belhgerants, the disposal |
of Aguinaldo would be a simple matter. |
Until his revolt should become entirely |
samped out he could be subjected only |
to sufficient restraint to prevent his es-
cape. lie would be disarmed and re- |
strained in some fortress or camp, under |
military discipline away from the seat !
OF war. He could be punished only for /
disobedience or attempt TO escape. We |
would provide him food and clothing. and |
in return he might be compelled to do |
work suitable to his rank and position. |
but could not be legally required to take |
part, directly or indirectly, in any furth- |
er operations against the insurgents. |
While attempting to escape form his con- |
hnement before that time he might he |
lawfully shot, but If recaptured unhurt /
could he punished only by reimprison- |
ment. He would be allowed TO go free az
the close Of the war.and that would have /
to be the end of our dealings against
him
The government. however, has never /
dreamed Of recognizing AguinaIdo or his /
followers as beIGgerants. BY doing 81 /
it would permit them TO receive supplies /
from foreign countries. Were Aguina!do /
10 wage naval warfare and en5anser the /
maritime interests Of foreign nations.
they might offer him bellige~ert rights /
for their Self-protection without ofHc.aliv
insulting Us, but not a single one has had +
cause to 50 recognize him. Even should .
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