The times. [volume] (Washington [D.C.]) 1897-1901, 1899-01-31

tions for one nation engaged in a common cause
with another to dcspoI its associate. Mr.. Pinck-
ncy thought the idea of such thing disrespect-
ful 90 Spain, and unable to imagine that she
could pretend to he friend Of the United States
and to have helped them while at the same time
she seeking to rob them of their property.
That the view taken by Mr.. Jefferson and Mr..
Pinckney the correct view is shown by the
decision of the Supreme Court of the United
States in the OF Harcourt VS.. Gaiiliard II
Wheaton, page 523:
War says the Supreme Court, sis a suit
prosecuted by the sword. and where the ques-
tion to be decided is of original claim to
territory grants of soil made fagrantc bello by
the party that fails, can only derive validity from
treaty stipulation
We have before us case Of grant of territory
undertaken to be made by Spain during the ex-
istence OF Il war between her and the Philippine
Islands. such a grant as the Supreme Court OF
the United States, under parallel circumstances
could only derive validity by reason OF treaty
stipulation. meaning, in the case before the
Supreme Court, treaty stipulations between Eng
land and America, and meaning, as to the present
case, treaty stipulations between the Philippine
Islands and Spain.
| venture to summarize the foregoing follows:
l. The United States not having received from
the inhabitants Of the Philippine Islands authority
TO pass laws affecting them, its legislation as to
their welfare. respectfully submit, possesses no
binding force against my people
,. American authorities herein cited demonstrate
that the Philippine revolution was never more
threatening than Immediately before the breaking
! tionists being encamped Manila three weeks
before the American declaration OF war, TINS army
acting (thOugh he was personally ahsent) under
the direction of General Aguinaldo, in whom the
consular representatives of the United States re-
posed the highest confidence.
| 3. The purpose of the revolution was indcpend-
ence. and understanding this, the United States
| encouraged the revoutionsts TO believe their
desires would attain frtIition. This is shown by
citations from the archives of the State Depart
| ments and the incidents above related.
4. The Philippine Republic entitled to re-
| ceive from the United States recognition as an
independent nation before the signing of the pro-
! tocOl with Spain, that government knowing that
| Philippine independence had been proclaimed IN
| June, government de facto and de jure estab'
| lished laws promulgated. and Spains further
! domination impossible, being acquainted with all
| these facts Immediately upon their happening.
| through documents and written reports submit ted
| to ii by its officers.
5. The American Government for months has
! had in its possession. as herein shown evidence
| of the actual independence of the Filipinos.
6. Spain could not deliver possession of the
| Philippines to the United States, being herself
ousted by their people, and. in fact. at the
| present moment, the United States holds only an
intrenched camp, controlling liS square mics
with 30O,0 900 people, while the Philippine Re
| public represents the destinies OF nearly TO-,
| 900 900 souls, scattered over approaching
| 100000 square miles.
! = Spain having no possession Except mnoI
garrison posts and no right of possession in the
| Philippines could confer right to control them
| s. American purchase of public buildings, etc.
| in the Philippine Islands ineffective, because
| the islands, having been lost by Spain to the
| Philippine Republic, the last-named goyernmen;
| had already by conquest acquired public property
| O. Secretaries Of State of your country (nclud
1 ing Mr. jefferson and Mr. Pinckney) have denied
| the right of ally Of America 10 acquire by
| conquest from Great Britain any American terri
! tory while America struggling for independ
| ence The United States Supreme Court has s'is
tanned this view. We deny similarly the right
| of the United States TO acquire Philippine terri
| tory by ceSsion from Spain while the Filipino'
| were yet with that power
| conclude this communication with the cx
| preston Of the earnest hope that the representa-
tions | have thus ventured 20 make to YOU vii
! receive your grave consideration before yOt
| finally act upon the Treaty that contains 5,
! much of consequence to my people, and il yOr
do this, l cannot for moment doubt yo,
| will, in the spirit that has characterized
your deliberations when discussing questions al
| fectinG the lives and liberties of individuals o.
Of nations, | am assured that the Just and higl
| aspirations OF my Countrymen will receive thu
prompt recognition and approval Of your hon
| orable body.
Resfect fully submitted