New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-09
IMPORTANT POINT RAISED.
ISLANDS ACQUIRED FROM SPAIN NOT
UNITED STATES TERRITORY?
AN OPINION RENDERED BY THE 1NsULAR
CONFESSIONAL RULING BY THE At
TORNEY GENERAL EXPECTED.

TORNEY GENERAL EXPECTED.
Washington July S.-The Insular Commission
has prepared an exhaustive opinion by which 1t
IS held that the islands in possession Of the
United States as a result OF the with Spain
are not part Of the territory Of the United
States. Copies OF this opinion have been fur
nshed TO the Secretary of War and the Attor-
nev General and it is surmised that the At
torney General will shortly prepare an oihciai
opinion on this important question.
Tho Commission holds that there Is radical
difference between territory part OF the United
States and territory in the possession OF the
United states 1t has been generally concedai.
it saws that the United States can do as II
pleases with the Islands obtained from SPAIN
that they can be sold. given away or turned
over TO the inhabitants Of them for the estap-
lishment Of Independent governments
GROUNDS OF THE OPINION.
II this general admission is true. then, II Is
affirmed the islands cannot be part of the ter
r,torv Of the United States because no part or
the United States can be alienated. The united
States can neither sell nor ALLEVIATE any portion
of its territory nor any portion or the terri
tory ALLEVIATE itself from the United States Th,s
was well settled by the war OF secession Inc
Supreme Court has held that military occupa-
ton does not extend the boundaries OF the
United States and the Commission asserts that
the Spanish cessiOn merely confirmed the mill
tarv occupation There was nothing in the
Treaty OF Paris which made the islands obtained
from Spain part Of United States territory In
this respect the treaty was markedly difterent
from those bv which Florida and Louisiana were
obtained. BY the terms Of both OF those urea
ties the territory acquired was to become part
49, ,lNaIi fhnr
of at the time of the cession to be en-
titled to all the privileges and immunites OF
citizenship.
The situation with reference to Porto Rico,
Hawaii and the Philippines the Commission
says is practically the same that Of the terri
tory acquired from Mexico in the War of 1916.
There was military occupation Of New Mexico
for five years before Congress by enactment ex-
tended the sovereignty Of the laws Of the United
States over it and amagamated 1t with the
Union. General Kearny set up a government
there with a Supreme Court. trial courts and
all the other accessories of government. and
when Congress made it a Territory all the acts
Of the military government were recognized as
legal and all the cases pending in those impro-
vised courts were transferred to the United
States courts for final adjudication.
EFFECT OF RECOGNITION.
Once Porto Rico and the other islands are rec
ognzed as territory Of the United States. the
decision. the Commission holds, is irrevocabe.
All laws Of the United States Immediately
extended over the islands. citizenship is con-
ferred upon the inha btants and commerce be-
tween the islands and the United States be-
comes free in virtue Of the constitutional pro-
visions inhibitng the levying OF duties on com
merce between portions Of United States terri
tory.
Members Of the Commission believe that the
courts of the United States in rendering a de-
cision on this question would Of necessity follow
the political policy Of the Government. They
have prepared code OF laws for extension over
the islands. With reference to the tariff duties.
they believe that much injustice results from
the present condition. While the military gov
eminent has the power In Porto Rico. for In
stance to reduce the tariff on goods entering the
island, II has power to reduce the tariff on
exports from the island to the United States.
Therefore. they say. ii would be manifestly I'M
fair to negotiate reciprocity treaties with Barba-
does Jamaica and other West Indian islands
United States at lower rates than those which
from Porto Rico. 1t would be unjust
discrimination against territory actually in pos
session OF the United States. They believe that
reciprocity treaties could be negotiated with
Porto Rico for mutual reductions on goods com
ing from and going into the island.