The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-09
AN IMPORTANT OPINION
ISLANDS CEDED BY SPAIN NOT PART
OF UNITED STATES TERRITORY.
Insular Commission Contends They
Are Merely I'm Military Possession
of the Government.

WASHINGTON, July s.-The Insular
Commission has prepared an exhaustive
opinion by which it holds that the islands
in possession of the United States a re-
suit of the war with Spain are not part of
the territory of the United States. Copies
OF this opinion have been furnished the seq
rotary of war and the attorney general, and
II Is surmised the attorney general will soon
prepare an opinion on this important ques-
ton. The commission holds there is a rad
zeal difference between territory a part OF
the United States and a territory in the
possession of the United States. ut has
been generally conceded" 1t says. that we
can do as we please with the islands which
we obtained from Spain, that we can sell
them, give them away, or turn them over
to the inhabitants who live on them for the
establishments Of independent govern
ments" If this general admission is true,
the commissioners then affirm the islands
cannot be part of the territory of the
United States. because no part of the United
States can be alienated. The United States
can neither sell nor ALLEVIATE any portion of
its territory, nor can any portion OF the
territory ALLEVIATE itself from the United
States. This was well settled by the war
of secession. The Supreme Court has held
that military occupation does not
extend the boundaries Of the United
States, and the commission claims
the Spanish cession merely con-
firmed our military occupation. There
was nothing in the treaty of Paris
which made the islands we obtained from
| Spain part of our territory. In this re-
| spect the treaty was markedly different
| from those by which We obtained Louisiana
and Florida. BY the terms Of both those
latter treaties the territory acquired was
| to become part of the United States, and
| the inhabitants thereof at the time of the
cession were to be entitled to all the privi-
| leges and immunities of citizenship.
The situation, with reference to Porto
| Rico Hawaii and the Philippines. the COM
mission says, is practically the same that
| of the territory acquired from Mexico in
| the war of 1876. There was a military &C.
| cupation of New Mexico for five years be-
| fore Congress. by enactment, extended the
| sovereignty of the laws of the United Sta ties
| over it and amalgamated 1t with the Union.
| General Kearney set up a government there
| with a supreme court, trial courts and all
| the other accessories of government, and
when Congress mlde ii into a Territory all
| the acts of the military government were
| recognized as legal, and all the cases pend
| ing in those improvised courts were trans
| ferred to the United States courts for final
| adjudication. Once Porto Rico and the other
| islands are recognized as territory of the
| United States the decision, the commission
| holds, is irrevocable. All the laws of the
| United States are Immediately ex-
| tended over the islands, citizenship
| is conferred upon the inhabitants
| and commerce between the islands and
the United States becomes free in virtue of
the constitutional provision inhibiting the
| laying of duties between portions of the
United States territory.
| Members of the commission believe the
courts of the United States in rendering a
| decision this question would of neces-
sity follow the political policy of the gov
eminent They have prepared code OF
| laws for extension over the islands. With
reference to the tariff duties they believe
that much injury results from the present
condition. While the military government,
| has the power in Porto Rico. for instance
to reduce the tariff on goods entering the
island IL has no power to reduce the tariff
upon exports from the island to the United
States. Therefore. they say. II would be
treaties with Barbados, Jamaica and other
West Indian islands by which they could
get their products into the United States
at lower rates than those which come from
Porto Rico. 1t would be an unjust discrim.
inatlon against territory actually in oul
possession. They believe reciprocity treatie:
could be negotiated with Porto Rico fol
mutual reduction on goods coming from ant