The Providence news. (Providence [R.I.]) 1891-1906, 1898-06-06
TheFuture
of Captured
Colonies

The following is part Of paper ON
the present war read the other night
before the Congregational club of Hart
ford, by Theodore S. Woolsey, professor
of international law at Yale university,
which refers TO thu disposition Of tho
Philippines:
One more inquiry, which is likely to
be practical one. Suppose Manila and
Puerto Rico to be captured and occupied
by our forces. The usual rules for the
government of occupied territory would
presumably be put in force. These are
practically the local laws and usages
under the local authorities and judges,
but sanctioned and backed by martial
law. Occupation does not vest sover-
eighty in the occupant. Sovereignty is
in suspense, as it were, until decided
by the terms Of peace. Such is the gen.
eral scheme. But at Manila what du-
ties would we levy, and for whose ben
eft would they be spent? We have o
precedent to guide MS on this point,
which may be found in two decisions
Of the supreme court, the cases arising
during the Mexican war: Fleming ver-
sus Page, Howard, TX, 608; Gross ver-
sus Harrison, Howard, XVI, 1874. The
law Ia well stated by Dana in his edi-
tion Of Wheaton (note l62, page 421),
from which I quote:
During the Mexican war, certain
ports Of the country which were in the
firm possession Of the United States
e1,.,oc ~.vovo Sa,;dad 20 ho x>o~ks 80 <l,o
United States in such sense that the
ordinary revenue laws established for
the Union would take effect there, but
were places held by the nation for
special purpose Of war--whether to be
permanently held or not being matter
Of future dctermination--and subject
while 30 held to such special revenue
regulations as the proper department of
the government should establish. In the
absence Of any provisions by congress
for such cases the president, as COM
mander in chief, had authority to pre-
scribe them. As regards goods imported
into the United States from place SO
held, they are to be considered as i'm
portations from foreign country"
Mr.. Dana also cites the case Of Cas-
tine, held by British force during the
war of 1912. Our supreme court denied
that it could be considered part of the
United States during such occupation
within the meaning Of the revenue
laws, or that duties upon goods then
imported could be afterward collected.
If we occupy Manila, then, the Ding
ley tariff is not ipso facto applicable,
though legislation could make it so.
The probability is, however, following
modern usage, that the Spanish tariff
would be enforced and the proceeds, with
the other taxes, he used for the admins
tration of the islands It would be legal
to cover balance into our treasury, le-
gal, but highly impolitio, for it is just
that sort Of administration which is
costing Spain her colonies. Dana wrote
30 years ago. The theory perhaps has
not changed since then, but the usage
has become everywhere recognized, that
occupied territory does not belong to the
temporary conqueror. His will is its
law, it is true, but its law expressed in
the language Of the law already exist
ing. He collects taxes, but through tho
usual local agencies IL they are availa-
BILE and for the local benefit. He is trus-
tee in short, not bandit.
There is wider, q more serious prob
lem, however, which the people must
solve, not state department. deliberate
ly, wisely counting the cost.
II the result Of the war is to leave the
United States in possession Of various
Spanish colonies, what shall be done
with them? The pressure to retain them
will be strong, as coa1ing stations, az
indemnity, as an act of humanity Civ
ing refuge to tho victims of Spanish
misrule, az an act of policy launching
this country upon new career. With
Hawaii annexed, with Puerto Rico and
the Philippines conquered, with coaling
stations galore, with Nicaragua canal,
q navy suited to our ambitions and re-
sources, an army large enough for for
eign service and civil service adapted
to colonial war, we should be ready to
pose as world power. though rather
late In the field.
Is it brilliant programme? Is it q
wise one? Will these new activities help
In the solution Of the old problems. a
stable currency, compromise tariff, q
reformed public scrvicef Is it the true
mission Of q people which is working
out the problem of self government to
run of into colonial aggrandizement?
TO me the prospect Is not reassuring.
We seem to have come to the parting Of
the ways. There need DO no supersti-
tious reverence for the policy of our
early days as outlined in the noble
words Of Washington s farewell address.
What we must judge Of is the best and
wisest and safest policy for today.
Whether this is to be forward and ag-
gressive or devoted TO internal develop
ment and conservative every citizen
must decide for himself. II he wishes
an election to turn on the claim to o
slice Of China or the support Of q can
didate to the presidency in Mexico, our
demagogues will not deny him. Moth
ing could be more convenient for the
dodging Of troublesome issues, nothing
more alluring than TO play ON tho pseu.