The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-24
Some Interesting Features ofthe Peace


Treaty.
The text Of the peace treaty which was
cabled from Madrid 10 the Sun deserves
TO be carefully studied Not only should
the words employed in certain articles be
scfutinized and weighed, but some also
of the things which the commissioners
refrained from saying will be found sig
nihcant
Ii will DE observed. for instance, that
whereas by the second and third articles
Spain "cedes' to the United States Porto
Rico and all other islands except CUBA
under Spanish sovereignty In the west
Indies. together with Guam ana the fnll-
irpinc archipelago. the first article sim
ply asserts that Spain renounces an
right Of sovereignty over Cuba. The
same article goes on 10 provide that when
the said island has been evacuated by
Spain. II is to be occupied by the
United states. which. while the occupa-
ton continues" shall take upon them
selves The obligations which international
law imposes on them "by the fact OF
occupation" n Is obvious that the words
quoted were deliberately selected for the
purpose Of multiplying any claim on the
part Of holders Of the s0-called CUBAN
bonds that those bonds constitute. I'm in
tornationat law. an obligation incident 20
sovereignty and corresponding 20 mort
cages that run with the land The
terms Of the treaty Justify the position
formerly taken hv the sun. namely, that
there is no transfer Of Sovereignty over
cuba from Spain to the United States,
and that. consequently. even If certain
obligations be deemed inseparable from
sovereignty. we cannot be expected TO
assume them. The Sovereignty over
Cuba u.s.. for the moment. I'm suspension.
and our forces are I'm that island simply
as provisional occupiers. and the only
obligation devOlvng upon them I'm that
capacity Is that Of conserving the public
peace and protecting property. Had our
dipl0matists. who. we are sometimes told
by European critics. are unframed em-
plOyed words less studiouslv framed. we
might have afforded the French holders
Of Spanish bonds n pretext for contend
ing that we had made ourselves respon-
sible for the payment thereof.
Equally sagacious and far-sighted is The
phrascoiogy used tn the concluding sem
tence of the third article. After reoitinE
that Spain cedes 90 the United states ihe
Philippine archipelago and defining The
territory coded by latitude and lOnei, de.
thus avertlng controversy about the sta
tus Of the Sulu archipelago. the arti'le
goes on 10 say. "Thc United St2tes shall
pay 10 Spain tho sum of 500 DN0.vo within
three months after the interchange OF the
ratifcati0ns Of the present treaty. III
will bee observed that the Commissioners
have carefully refrlined from saying what
the sum Of money is paid for. Had they
said that This sum or any part oil H. was
Given 10 reimburse Spain for that frac-
ton Of the Philippine debt which had
been or could Dee shown 10 have been ace
mally expended for the benefit of the
islands. they would have established
precedent and recognized q principle
which might prove highly inconveuient at
some future time when the sovereignty
over Cuba shall have been assumed by an
independent government created py lhe
inhabitants of the island. or when snch
sovereignty may have been transferred 10
the United States through the sponian-
e0us request Of the cuban people lot an
nexation 90 our Union. The Commission
ers DO not even intimate that the sum OF
se0. o0DG0. or any part OF II. u.s. given 20
Spain for the buildings,
molcs barracks. fortresscs. establish
mcnts. public roads ana other real pro-
uortv in Che Philippines. which 10y Gus
tom or right are in the public domain
and which by The cichth article are coded |
90 the United States. We simply am
nounce by the third article without as
signing ans reason or offering amy oN-
PLANTATION. that we have made up OFT |
minds 10 pay 10 Spain the sum OF $4,000 |
Ulo All the traps into whicn We might |
have fallen had we entered into any cN-
planaGon whatever have been astutely
avoided by the bald announcement Of a !
purpose which our friends are al liberty |
TO construe as an act Of magnanimity to- |
ward q vanquishcd and almost bankrupt |
enemy
1T should be further noted that by the |
sixth article Of The treaty we do not agree
TO- restore the Spanish prisoners now IN |
the bands of the Taeal insurgents We
merely covenant 10 negotiate for their |
liberation. and II successful 20 transport /
them to Spain % our cost II should he.
finally. kept iu view that nowhere in the
treaty do We assume any Obligations ~
The name Of The future independent soy
eminent OF cuba. We agree that certain /
with reference 90 that island
shall bee binding so long as our occupa-
ton of il shall continue. with regard 10
wbat may happen afterward. we only
promise 10 advise the independent SOW
eminent at Caba 10 accept the same OBJ
legations.
Considered as am embodiment Of eau
iious and exact expression. this treaty
would reflect credit on the greatest ex-
,.,fs ga International lawn Y Sun