Evening star., 1898-12-05

Eovernment-the administration az Wash
ington-the negotiations were continued
ana, as stated. treaty was signed IN 1875.
In justice to Spain however, n should b.
said that, although she was tardy in aid
ing us bv signing a treaty. her influence in
our favor was exercised on the Emperor of
morocco. and treaty with him was
brought about Before this date treaties
or conventions between the United States
and other powers had been made With the
Netherlands. lIS2: Sweden. In 1ISi. Prus-
sia. laS5: Morocco. l7ST. Algiers, 1875 he
sides the treaties with Great Britain.
Early Exercise of Powers.
The treaty powers of the United States. or
rather the colonies. were exercised ny them
before they had conquered peace. Under tho
articles OF confederation each state Was in
hibited from sending an embassy or enter
ing into an agreement alliance treaty
with any king prince or state. or to accept
the same. The exclusive right ot deternltn-
ing peace or war was reserved 10 Congress.
and II was necessary TO have the assent ot
nine states to engage In war or enter into
a treaty. Under the Constitution tart -
sec p. the power to make a treaty WAS
vested in the President by and with the
consent OF the Senate. and the concurrence
of two-thirds of the senators was neces-
sary. The Constitution and treaties were
recognized as the supreme law of the land.
and II was early held by the courts that the
government has full power OF acquiring ter
ritory by conquest or treaty. First Peters.
542 says:
The usage of the world Is. II nation be
rot entirely subdued TO consider the hold
ing of conquered territory mere mill
tary occupa ton until its fate shall be de-
termned at the treaty of peace. III II be
ceded by the treaty, the acquisition Is con-
firmed. and the ceded territory becomes a
part of the nation to which II is annexed.
either on the terms stipulated In the treaty
of cession or on such as Its new hhS''r
shall impose on such transfer of terri
tory il has never been held that the rrl.-
tions of the Inhabitants with each "th'i
are changed Their relations with their
former sovereign are dissolved ana rev t.
lationS are created between them ana lne
government which has acquired their terri
tory. The same act which transfers their
country transfers the allegiance OF those
who remain in II, and the law, which may
be denominatcd political. ts necessarily
changed although that which regulates IN"
Intercourse and general conduct OF tud'-
viduals remains in force until altered ny
the newly created power of the state
Subsequently treaties were made with
various nations. mostly OF commerclH
character, and in respect to navigation. W.
have treated with every nation OF the earn
From Spain and France Louisiana ana
Florida were purchased. from Mexico ter
ritory was obtained by conquest and p'r-
chase. In quite a number-that with iH'
Netherlands leading liberty Of conScieu'"
in religious matters wac secured: and DO
that of Chile. OF September, lSiS. the claus
of the constitution, there are no slaves !n
Chile and slaves who touch tie territory
are free" is quoted and the treaty pro-
vides that this does not apply To slaves on
public or private ships of the United Statos.
Treats with Mexico.
In the treaty made In lsls with Mexico.
from whom territory was taken by force
and purchase. there was an amendment
made i'm our Senate before its ratification.
The original treaty provided that the
most ample guarantee shall be enjoyed by
all ecclesiastics and religious corporations
OF communities well in the discharge Of
the offices OF their ministry ia the en-
joyment of their property of every kind.
whether individual or cooperative. This
guarantee shall embrace all temples houSas
and cdiices dedicated to the Roman cath
olic worship as Well as all proos..y destined
40 II support. or to that Of sch ppls. hGspi-
tais or other foundation for charitable or
benevolent purposes. No propsgty Of this
nature shall be considered as having ic-
come the property of the American govern
ment OF as subject to he by il disposed of
or deviated To other causes.
Finally. the relations and communiea-
tons between Catholics living in me toni
tory aforesaid and their respective ecrl,-
siastical authorities shall be open, fr,.,. amt
exempt from all hinGrances whatever. cv.u
although such authorities should reside
within the limits of the Mexican republic.
as defined by this treaty: this freedom shall
continue long as a nsw debarkatiun of
ecclesiastical districts shall not have been
made conformably with the laws ~ %.
Roman Catholic Church"
Inserted by senate.
For this the third article OF the treaty
with France ceding Louisiana was inserted
by the Senate as follows:
The inhabitants of the ceded territory
shall be Incorporated in the Union Of the
United States and admitted as soon a. pos
sible according to the principles Of the fed
eral Constitution, TO the enjoyment of all
the rights. advantages and immuuitieS of
citizens of the United States. and in the
meantime they shall be maintained and
protected in the free enjoyment OF their
liberty, property and religion which they
profess"
In this way negotiations were made both
a the beginning, during and at the close
of the war, the commission from the United
States being in the field with the army.