The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-17
What to do with Aguinaldo
IA n u after capturing him II a
AA\x problem which Is beginning
VN TO perplex Uncle Sam ana
NN one sure to inspire no end


Those considering the legal aspect Of the
case are Of the opinion that the only trib-
unal which can lawfully try the insurgent
leader ID q military commission. rather
than . court-martial or a civil court. Such
commission would probably consist OF
seven well-known officers appointed either
by the president as commander-in-chtef OF
the army or by Gen. Otis on recommended
ton OF the president. They would Sit at
Manila and their jurisdiction would be In
dependent Of articles of wharf.-the United
States statutes which provides punishment
for cases tried by courts-martial The
jurisdiction of court-martial Is confined
to men In our military service or those
connected with It, while that OF commits
Sion Includes offenses In a territory under
our military law committed by the enemy
and his sympathizers.
The military commission trying Aguin-
aldo would conform to the rules and prac-
tees OF a court-martiaL In other words
the officer Of highest rank-very probably
major generai-would preside, commits
stoned officer would serve as Judge advo-
cAte--correspondin to the prosecuting at
torney In a civil trial--while Aguinaldo
would be allowed counsel chosen by him
self. The commission might devise any
humane punishment for the insurgent lead
er which It saw At. 1t might sentence him
any length Of time or to deportation to any
military post on this continent. Except in
the case Of a spy, whose sentence must
under the law, be death and nothing less.
the discretion OF q military commission In
imposing sentence Is not legally restricted
or defined as Is that of a court-martiai.
The president, however, would have power
the fate OF the rebel chieftain would rest
with him.
Asuinaldo's sentence by military COM
mission would, of course, depend upon the
character of the charges brought against
him. Discussing this point with an au-
thority on military law. I was yesterday
shown. in volume Of THE Military laws
OF the United States" this ominous para
graph; Treating In the field the reoelli-
Gus enemy according to the law and u.s.
ages of war has never prevented the legit-
innate government from trying the lead
ers Of the rebellion or chief rebels for high
treason and from treating thera according
ly, unless they are included In general
amnesty" In other words, had President
Mckinley Issued a proclamation Offering
general amnesty tc the F1lipinos. Aguin-
ado and the other leaders of his rebellion
would be spared trial and punishment But
In the presidents order Of last January he
offered to all Filipinos cooperating with
our forces support and protection. "All
the lawful rules we have assumed. with
firmness II need be, but without severity
80 far as 1t may be possible" The procla-
nation of the Philippine commission, is
sued in April. warned Filipinos resisting
our supremacy that they can accomplish
no end other than their own ruin"
II brought before military commission
Aguinaldo might be charged with high
treason. as well as with melting rebellion
Risley, In his Law Of War;" says:
strictly, rebels are liable to be treated as
traitors and criminals" According to
this authority, those who took part in
Monmouth's rebellion in England in 1856
the event which inspired DIR. Doyle's mi
cab Clarke"-were traitors and rebels le-
gaily subject to the death penalty, al
though many circumstances combined to
enlist sympathy in their favor.
Had our government ever recognized the
Filipinos as belligerents, the disposal of
Asuinaldo would be a simple matter.
Until his revolt should become entirely
stamped out he could be subjected only to
sufhcfent restraint to prevent his escape
/ He would be disarmed and informed In
some fortress or camp. under military dis
cipline, 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 work suitable to his rank
quired to take part directly or indirectly in
any further operations against the insur-
gents. While attempting to escape from
his confinement before that time he might
be lawfully shot, but IL recaptured I'M
hurt could be punished only by reimpris-
onment He would be allowed to go free
at the close of the year and that would
have to be the end Of our dealings against
him. The government, however, has never
dreamed of recognizing him or his follow
ers as belligerents. By doing SO 1t would
permit them to receive supplies from for
eign countries Were Aguinaldo to wage
naval warfare and endanger the maritime
interests Of foreign nations. they might Of
fer him belligerent rights for their self
protection, without officially insulting us,
but not single one has had cause to SO
recognize him. Even should they do SO, he
would not be any the less a rebel in our
eyes.
That President Mckinley would ever ap-
prove a sentence for the execution Of
Aguinaldo is highly improbable. Neither is
1t likely that the insurgent leader would
be allowed to remain among his own peo-
ple--at least not for number of years.
His treachery in selling out to Spain and
afterward leading an open revolt against
that country was an unlucky feather in
his cap, one for which he is likely to re-
pent during many dreary year.
A 6AHtluo Will Ue uepOTteu TO IQlS
continent and perhaps detained some time
In prison seems probable to many officials
competent to opine. Uncle Sam now has
no regular military prison which could be
used for the purpose. The former mill
tary prison at Fort Leavenworth. turned
over to the civil authorities a few years
ago. is now United States penitentiary
Only such soldiers as commit penitentiary
offenses can be confined there. If brought
to the continent for Imprisonment, Agui-
naldo would probably anguish ut Alca-
traz island. San Francisco. or at Castle
William Governors island, New York, the
two military stations best adapted for long
terms Of Imprisonment. At Alcatraz ISL
and there are cells and dungeons and about
the safest military prison equipment re-
naming in the country.
An interesting proposition Is that in dis
posing of the rebel cheftain the govern
ment should not regard him as 1t would
an enlightened traitor. but should derive
its precedents from the treatment of In
dams or other primitive peoples who have
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