Mr. J. P. Wallis, a thoroughly learned constitutional Lawyer, writes
to yesterday's Times to point out that the utmost penalty to which Dr. Jameson is liable under British law, is that incurred under the Foreign Enlistment Act of 1870 (33 and 34 Vic., cap. 90). Under that Act, sec. 11 makes it a misdemeanour punishable with fine or imprisonment not exceeding two years, to prepare or fit out within her Majesty's dominions, and without the leave of her Majesty, any naval or military expedition intended to proceed against the dominions of a friendly State. Of course Dr. Jameson was not in her Majesty's service, as many have mistakenly assumed, and was not making war in her dominions. Thus he was not guilty of treason, nor is there any provision of the Treason Felony Acts which would be in any degree applicable to his case. In all probability he will escape with a fine or two years' imprisonment for a very rash and culpable enterprise. But it is fortunate for the peace of South Africa that no more severe penalty can be inflicted on him.
Previous page
