Arizona republican., 1898-06-05
A NEW QUESTION.

When the war is ended it will be-
come necessary to take up the question
of providing suitable government for
such new territory as the fortunes OF
battle shall have left us in control Of
We shall have to go into those posses
sipns for longer or shorter times as
circumstances shall determine and es-
effective government. We shall have
to do that against all opposition-not
only that of the former rulers but that
OF any outside nation or concert or
that of the possibly fractions residents
Of the conquered lands themselves.
That ultimate necessity will give rise
to many difficult problems. and doubt
less there will be need of not little
discussion and new legislation by con-
gress, as our previous inexperience in
prccedents Or body of law in relation
thereto. But until then we can con-
slider ourselves only as belligerants
temporarily occupying by conquest
overrun by our arms. And the rights
Of such belligerent occupants, and the
ways and means of discharging the
temporary trust, are sufficiently pre-
scribed by the ordinary rules of inter-
national law.
It is to be presumed that we shall
he guided by those rules pending the
final adjustments that will come
with the declaration of peace Thu
main principle of modern inter-
national law applying to the govern
ment Of an occupied enemy's territory
is "the maintenance of local laws and
rlsages, under local authorities and
judges. but sanctioned and backed by
martial law" Speaking upon this mat
ter the other night, Professor Wool
sey. the well known American author
lily on International law, said:
''The usage has become everywhere
recognized, that occupied territory
does not belong to the temporary con-
Equeror. His will is its law, it is true,
but its law expressed in the language
of the law already existing. He col
lects taxes, through the usual local
agencies, il they are available, and for
the local benefit. He is trustee, in
short, not bandit"
From this it follows that when, for
example, our troops land at Manila
and our administration through mil
itary governor begins it will not be
the Dingley tariff that will be applied
to Philippine imports nor American
iexcises that will be collected through
out the islands nor American statute
law that viii be enforced through the
local tribunals of justice. The Span
ish tariff, taxes and laws will continue
in force for the present. administered
however. at the pleasure of our respon-
lsible representative and subject to such
modification as, from the necessities
| OF the case, may from time to time
seem 20 him desirable. Occupation by
coGgB est, it should be understood, is.
IN the first stages, military, and not
civil; and it is not for the military
inv adler to set up new civil system,
but to make the best use he can O:
the civil system already in existence,
arbitrarily modifying it as may be
necessary In his judgment for the best
interests OF all concerned.
1t is absurd for congress to under
take to prescribe any rules at present
for the government of the Philippines
or the other Snapish jcIaudc that arc
to fall into our hands.
Ultimately it will be in order for
congress to pass laws for the civil gov
eminent Of our colonies-if colonies
we are to have-but for the present
everything should be left to the dis
erection Of the president and the subor-
dinates he may select to represent him
in the conquered territories.