The Washington times., 1902-12-28
Following Precedent Estab-
lished by Queen Victoria,
He viii Probably Be I'm
prisoned for a Term of
Years and Then Pardoned.

High treason. the crime for which the
Australian born journalist. Arthur
Lynch, who commanded the Second Irish
Corps OF the BOer army IN the recent war
In South Africa, has just been indicted
By the grand jury in London. bears a
name so redolent Of medieval times,
when people convicted thereof were sub
jected to the most appalling Of punish
ments. that there are many OF the read
ers Of The Times who will be disposed
10 regard the proceedings against the
imprisoned member Of parliament for
Galway as a piece OF monsrchicsl ana
chronism which would not be tolerated
for one moment in this great and glori-
Gus republic.
Yet the United States has TO this day
in its code Of laws, statutes dealing with
high treason, analogous to those OF Great
Britain, and under the terms OF which
Col. Arthur Lynch could have been in
dicted in American courts OF law had he
been a citizen OF the United States In
stead OF a British subject, and had he
borne arms against Uncle Sam instead OF
against John Bull. The punishment for
high treason In the United States is, ac-
cordlng TO the act Of 1852. either death
or imprisonment at hard labor for a
period Of not less than five years. a fine
OF not less than $4,000, and a perpetual
disability from holding any office under
the United States.
Treason Against States.
Treason against the latter cannot, Of
course. be dealt with by any but Fed
eral courts. But many of the individual
States have their own laws as to trea-
son committed against their particular
Commonwealth. generally following.
however. the lines OF the United States
statutes bearing on the subject. Where
SIS in Great Britain and in other coun-
tries Of the Old World the crime OF
high treason-universally regarded as
the most heinous of all offenses-em-
braces a large nun Der OF felOnies, here
in the United States high treason con-
sists exclusively in 'levying var against
the United States, or in adhering to
their enemies. giving them aid and com
fort"
Now Colonel Lynch undoubtedly "ad-
hered" to Great Britain's enemies. the
Beers. in the South African war. and
gave them "aid and comfort" at the eK-
pense OF the British empire, OF which
be Is by birth a citizen. He, therefore,
is from a legal point OF view. an Offend
er against the laws OF high treason. laws
which, while Of ancient origin, as far as
England Is concerned. are altogether
modern in the case Of the United States.
Whether the British government is
wise or judicious IN applying them TO
Col. Arthur Lynch is open to question.
F in the first place It is calculated to
endow him IN the eyes OF many with a
sort OF halo OF political martyrdom,
while the legal procedure in connection
with his trial is OF such a ponderous
and costly character as well as 80 rare
iy employed that it. suggests the use Of
a harpoon in spearing a minnow The
British authorities have, however had
their hands in a measure forced by the
action OF the Galway nationalists in
eleeting Arthur Lynch 10 represent them
in parliament, and Il is more than prob
able that II he had not been returned as
a member OF the Home Rule party in
the house OF commons, he would have re-
mained unmolested. and no notice would
have been taken OF the fact that he had
borne arms against the English flag
in the Boer war.
Other Cases Cited
Indeed. there were in the conflict two
or three dozen instances. II not more. !
OF men among the Boer prisoners who
were recognized. MT merely as Irish !
men, but likewise as fuIl-hedged Eng
lishmen. some OF them former officers
Of the British army and navy Who had
come to grief and who had drifted down
10 South Africa and to the Transvaal. /
where they had taken service against |
their own country. There we're Ave Of
them among the Boer prisoners impris- |
oned on the Island Of ST. Helena from /
the time OF the surrender OF General /
Cronie until the close OF the Boer war I
But although the English authorities /
both at the Cape and AT St Helena were I
thoroughly aware OF their Rnteeedents, /
and would have been justified. both ac- /
cording to the rules Of var and the laws /
Furnishing high treason, in bringing /
them before court-martial and in /
sending them 10 the gallows. they pre-
ferred 20 affect 70 ignore their identity. /
merely Withholding from them those /
tokens Of regard and courtesy accorded /
10 those OF CrOnje-s on1cers and men 4
who we're either bona fide Beers OF for
eign soldiers Of fortune.
This shows concluslyely that the Eng
llsh government would have infinitely
preferred to leave Colonel Lynch unmo-
Tested. and n It has caused his arrest
and is bringing him TO trial on n charge
OF high treason. 70 IS because his cleo
tion 20 parliament as Nationalist mem
Der for Galway rendered # impossible
for the authorities 10 affect any longer
ignorance OF his violation OF the stat
utes against high treason IN the con
hict in South Africa. In fact. they have
had no alternative but to proceed
against him.
Methods of Trial.