The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-11
THE INTERNATIONAL LAW IN
THE CASE


in behalf of Cuban Independence and
to restore peace and order to Cuba.
Such being the case it seems strange
! that the most important question arts
ing as the result OF the war, from an
International point of view. may be the
final disposition of the Philippine
islands; yet such seems likely to be the
case
When war Vas declared the capture
of the Philippines was regarded as a
thing that might come during the
course of it, but towards its close
rather than any other time: and their
capture comes IN the very first week of
the war. Already EuFopeaa statesmen
are expressing themselves on the ques-
ton What this country shall do with
them, can do with them. Sir Charles
Dixie thinks this country should hold
them, saying he regards the talk of
continental pressure as moonshine. He
declares no power would ever think of
attempting pressure without the CO.
operation of England, which will never
be-"
Sir Henry Howarth, NJ. P, leading
English authority on foreign politics
and International law has no hesitation
in saying the United States have a
perfect right TO hold the islands; that
there is no c0nsidera ton of interna-
tional law that could in any way fetter
this government in its absolute discre-
ton in the matter: that there is no
third party involved.
An Italian statesman. Guido BacolIi
says the United States should keep the
islands, and that from the standpoint
of international law they have them by
right of conquest. He further says that
if the islands were ceded to England it
would be considered a casus beIli by
Germany and Russia, because it would
destroy the equilibrium in the far east.
How this cession could be regarded as
a cause for war by Germany and Rus
STA, should the islands be transferred
to the United States on the settlement
of the terms of peace. it is very hard to
see, except on the theory that a nation
can make anything it chooses a cause
of war.
On this subject of the disposal of the
Philippines, the views of Hon. Frederic
r. Coudert, the eminent American
authority on International law, are
very interesting. He says:
The United States have The right to
either hold the Philippines for indem-
nifty or To keep them altogether as part
Of her territory, Just as Germany
took Alsace-Lorraine in the Franco
RUSSIAN war. We may keep possession
OF them until hostilities are ended and T
then their disposition viii be one of the I
factors in the making of peace.
We would, of course, have to respect |
the vested rights of other nations in |
the ISLANDS, if they have any. These |
rights would include coaling stations, !
liens or mortgages on custom house /
and claims of that nature. Spain can /
not give to US any more than she owns. !
Ii we can find sufficient indemnity
nearer home-for instance in Cuba !!
we would possibly content ourselves
with holding the Philippines during
nosultles for use as a military or I
naval base. but if adequate indemnity
could not be procured in this hemis
phere, then we would hold Manila until
spain pays UP. Some Advancement Z
would be made whereby we would keep
possession for certain number of
years, while. Spain is paying the install
nents Of the indemnity This is all a
natter of contract and agreement be-
-ween nations
In regard to the selling or transfer of
ne ISLANDS to another power by the
Jniteo States, that could not be done
intil we have a valid title 10 the
SANDS, WHICH can he obtained only by
! treaty OF peace With Spain. in which
he cedes the islands 10 Us. Otherwise.
We would De selling disputed title.
ma the country that purchased it
you'd have to reckon with Spain.
Inc law is the same among nations
n this respect as among private per
ons. This law was observed between
rance and Austria in 1853, when Pied {
mont was turned over by Austria to !
rance, and by France handed oyer TO
Aing Victor Emmanuel. i
Ihe theory OF modern times is that a
1nclpality or province should not be {
urned over to tnother nation without
ne consent of its people. and a plebis-
Vice and Savoy. {
once having secured title from Spain.
oWeKsr, by treaty OF peace, there i
ould De no legal International obiec {
ion TO our disposition of the islands. {
timer by ceding or selling them to any
alton we chose. or by offering them TO Z
ne highest bidder; but such pro-
NtH9 "oAiN ,huse Jealousy ana Dad
ceiling among the nations I
But this is not war of conquest, and .
do not think the United States would ,
esort to any such practice Yet we
ave q legitimate claim against Spain
)r the expenses of the war, and Spain I
lust pay the costs. When that is done a
lie United States, | believe, win reIin-
uish ali claims TO the Philippine
lands and return them TO Spain. -'
As to the effect OF 'Deweys victory, / i