Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1898-08-24
standing army will become indispen.


sable"
There is no news yet of any serious
consequence from the Gnaking OF
peace In Spain. On the other hand.
public feeling almost universally is
one OF relief. 1t will be difficult by All
accounts for the Carlists to change
this sentiment 10 one of resentment
over the terms of the protocol. which
has been their long announced pro-
gramme.
| There Is much discussion on the
point whether it is possible to reIin.
quish Cuba and Porto Rico without
vote OF the cortes. Sagasta's organ.
Ell Correo, argues that the prohibition
In article IS of the constitution must
De held subject to article 4, which de-
clares that 1t is within the province
OF the queen to declare war. and to
make and ratify peace. reporting the
same atterward to the cortes. Ell Cor
REQ says:
How could peace be made, if the
previous consent of the cortes be re-
quired, and what conquering country
would consent to waste the time while
the deputies and senator's are d bat.
ing! what is happening now ics not
the free cession of the territory of
spain. : 1t is yielding to superior
force alone"
The British Law journal, in an ar
tlcle on the effects of the cession of
Spanish territory to the United State,
says:
There is no doarbt that the inhabi-
tants OF conquered territory become
SUBJECTS OF the states to which it is
ceded, but the treaties of peace COM
monty give them the right to retain
thelr former allegiance, though sell
dom Internationally. The laws of
some countries do not allow aliens To
hold landed property, and the United
states may object to the presence of
large number of persons owing al
legiance TO a foreign state. There
lore, IN treaties of cession, it is often
provided that the inhabitants who
wish to retain their former allegiance
must quit the country within "a GER
tain time and, sometimes, also. must
dispose of their property
With regard to the obligations. it
IS commonly agreed. In the absence of
any treaty stipula ton, that no Dor
ton of the general public debt Is
transferred with the territory. There
are, however, several irt-ar
whlcha proportinate share of i;he rub.
nc deot was transferred by treaty
mere are other considera tons which
apply to local debts. The better opin-
ION Is that they should be taken over
with the territory.
AS to the extent to which the ex-
listing laws of the conquered territory
shall be allowed to remain in force
that Is a matter for the state to de-
cfoe' unless 1t is settled by treaty. II
has usually been the policy of this
country to allow a newly accu:red
colony which has been settled by
civilized state TO retain its laws.
One of the most difficult questions
OF international law is whether exist
ing treaties between a state of which
coded territory has formed part and
another state continue in force there
in after the cession.
PROBABLY the most correct view is
the one stated by Hall. viz: That
with the rights that have been ac-
qaired and the obligations which have
oeen contracted by the ceded state as
personal rights and obligations the
new sovereign has nothing to do. On
the other hand. the rights rela ting ex-
clusively to the lost territory and the
obligations contracted conclusively
with reference to it are transferred
with the cession of territory.
In this respect. however, the an,e
OF the states influenced. as they are
by considerati ton of policy and expe-
diency, no not always agree with ...e
views Of the text writer's"