New-York tribune., 1901-03-29
4GUINALDO'S FUTURE.
THE QUESTION OF PUNISHMENT, IF
ANY. NOT YET CONSIDERED.

Washington. March 2s.-The War Department
has not had time as yet 10 consider the exact
status of Aguinaldo. whether he is to be tried
and what punishment if any, is to be meted out
TO him But there are certain general princt-
pies which are said to be clearly established and
the first question asked is as to whether Agul-
naldo is to be tried military or a civil OF
fender If he is to be regarded as having COM
rnitted reasonable acts fomented an fnsur-
rection against the United States Government
then the trial would be OF civil character. for
these are political offences against the authority
of the United States Government. and are not
offences under the articles of war. TO be tried
bv q military court martial commission. Ii is
hardly expected that the rigorous procedure Tor
treason would be adopted. If IL should oe' Sec
ton 1882 Of the Revised Statutes provides:
Every person guilty of treason shall sufer
death or at the discretion Of the court shail
he Imprisoned at hard labor for not less IMAM
five years and fined not less than sIo"".
Another section provides for melting insurrec-
ton short of actual treason. and specifies the
punishment as follows:
Every person who incites sets on foot, assists
or engages in any rebe eon or insurrection
against the authority of the United states sila i
be punished by imprisonment for not rloSg nfo
ten years or by nhe oi h"' 'i'0 ~
or by both
The foregoing however, are political onences
against the authority of the United States 1t is
presumed that Aguinaldo will be held, for the
present at least, a military prisoner Ii
tried as SUCH il would be because ne had OF
Tended against some of the articles or war Al
ready there have been several trials OF filipiiio
officers for offences against military usage sucI
os brutality. but military tribunal will not
take up the larger political offence against 'ht
authority OF the United States. Article lof oil
-, -,or,,ia.ions governing armies in the field
rectes:
-rraatirq in the field the rebellious enemy ac-
cording 10 the law and usages of war has never
prevented the legitimate government lioih "a.
rn55eIs for high treason and from treating them
accordingly unless they are included IN d gen
erai amnesty
TREASON UNLIKELY TO BE CHARGED.
This articl. is referred TO as showing that the
warfare in the Philippines has not given Asui-
naldo such a strict military status as 10 reiieNe
him from the higher and graver CIVIL ollehce VI
high treason At the same time there Is h''e
belief that this offence will be charged the lued
being that he will be held as prisoner without
any definite determination of his status ana
perhaps in time be granted amnesty Oh e'i'N'
ton that he leave the country.
Aside from the punishment TO be visited on
him. the military regulations provide for the
manner IN which he shall be treated while held
as a prisoner These regulations are similar 10
those OF the oxford Conference. and more re-
Gently those made at the Hague Conference
Some OF the main features are that the capt
ured officer must surrender his arms. the con-
hrement must be such as will insure safety, but
without intentional suffering indignity;
prisoner who escapes may be shot while in
flight; paroles may be granted on stated condi-
tions; honorable men. when captured. Will ao-
stain from giving information concerning their
own army and violence is not TO be used against
prisoners 10 extort information
It is nearly year since anything definite las
been heard about Aguinaldo. Then the informa-
tion was not very authentic. He was being pur-
sued in Northern Luzon by different expeditions
under Colonel Hare, Colonel Howe and Major
Peyton c. March. The troops under the last
named officer captured his equipments. and it
supposed the chief insurgent had been
wounded. His escape was effected. IL was said,
by placing him a raft and covering him with
leaves and bushes. This raft was floated down
the stream and passed the points occupied by
the American troops. This stream the Rio
Grande de Cagayan which flows northward and
parallel with the eastern coast Of Northern Lu-
zon, near which the capture was made. Reports
of the death Of Aguinaldo have been frequent.
The fact that many orders issued In Aguinaldo's
name never actually signed by him
couraged the belief that his name was being
used by his followers even after his death There
was another story that Aguinaldo
captured by General Young but was in the
garb OF and appeared common laborer OF
the district, not understanding word OF Eng
lish Spanish, and was turned loose after a
few days.