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


| AsuInaidu in this port of Singapore, and secure
| To US our independence under the protection OF
| the United States
Consul Pratt did not dissent from this under
standing Of his compact with General AgrIinaldo.
| The STATE Department Informed of tins al
fair before july 20, Is.S, and directed caution
| the part Of Mr. Pratt hut did not dislvow his
action to the parties most concerned permitting
them TO continue To believe. they had already
ample reason for believing. that the result OF
their struggle would be the independence Of their
naive land. O.
IN addition to tie facts already enumerated.
: for the period OF four months in and out Of thu
liaibUr OF Manila vessels passed floating the
flag OF the Philippine Republic, saluting and he
/ ing saiutcd by American mcn-oi-war, and thcs'
/ acis continued without let or hindrance until
| tbs month OF October, 1885.
have taken occasion in a communication to
I the Secretary OF State to point cut that by the
rule OF international law maintained without cN-
I ceptiOn by the American Government, the Philip
pine Republic has been for many months entitled
to national recognition possessing as it has since
/ June. lS9S, government both de facto and de
/ Jure, capable OF enforcing its laws at home of
/ carrying out its undertakings with foreign gov
/ ernnents, and Of maintaining itself against Spain
Before the appointment of the Peace Commits
/ sioners September H. 1895 American officials
/ had fully recognized and had communicated to
/ their Government the fact that il was no longer
| possible for Spain under any circumstances to
regain possession of the Philippines. point most
essential to be considered in determining whether
n new, independent nation should be recognized
In memorandum concerning the Philippine
| Islands, made August %, 1S9s, by Gen. +. v
Greene, he states:
The Spanish government is completely de-
moraliZed, and Spanish power is dead beyond
the possibility OF resurrection. Spain would be
unable to govern those islands if we surrender
them
Under date OF August 90 Major J. F. Bell re-
ported to General Merritt follows:
II have met no cognizant of the cond-
tions IIw existing in these islands and in Spain
who believes that Spain again bring
| the Philippine Islands under subjection to its
| government.
| From the foregoing, it must appear that the
/ Philippine nation had achieved its independence
free from any danger of losing at it the hands of
/ the Spaniards. prior even to the signing OF the
protocol. This is shown by The executive docu-
ment No. e. before the Senate, which docu-
mcnt contains much testimony concerning the
| productive capacity of the Philippine Islands,
! and their mineral and agricultural wealth, but
! little evidence touching the probability OF main
tanning the American Government in those islands
irrespective of the desires of their people, and
no direct testimony whatever to the wishes of
| the people themselves. although it does contain
evidence that the American Government had
known from the beginning that the fiipinos were
struggling for independence and with success.
and includes copies of the declaration of inde-
laws passed pursuant thereto, and showing that
the government knew that there in exist
| ence a regularly organized and constituted repuh-
lican government controlling the islands and hav
| ing General Aguinaldo at its head.
| have already alluded to the fact that Spain
| had power TO deliver possession TO the United
| States of the Philippine Islands, having been
4 driven from these islands by the Just wrath of
\ their inhabitants; and by way of illustration OF
| this point, l venture to file herewith map of
the Philippine Archipelago. designating the prin-
| cipal islands under the control of the respective
| nations. and showing that America is in actual
possession at this time of Ii3 square miles of ter
| ritory with a population of 100000, while the
| Philippine government is in possession and con
troll of l67. .si5 square miles, with population OF
! oSg5. 600 and only few scattered Spanish gar
| risnns are to be found in the islands having an
| area OF 81 $50 square miles, with population oi
:1j0 900. The figures as TO the Spanish possessions
should be diminished. and those of the Philippine
| government enlarged 10y virtue OF the fact that
| the inhabitants OF the islands where Spanish
! troops vet remain have practically confined such
| troops TO the narrow quarters OF their garrison
| towns.
Spain, therefore having been driven away, as
| ] have stated and the inhabitants having eStab'
| lished a government satisfactory TO themselves
and maintaining order throughout the territories
under its control, what justification can any other
nation advance for interfering with my country
| or refusing to extend toward it the obligations
| OF international law? Could Spain give to any
nation better right than she possessedY She
could not confer possession. for she did not enjoy
it and any former right OF possession claimed bY
| her had been extinguished by the destruction oi
her sovereignty over my country. She could not
| create by treaty otherwise, as against the
\ Philippine Islands, any right. except II be thE
| right to conquer them. and II such rlght De
| claimed il exists not because OF cesSidn on the
| part Of Spain. but because Of its own inherent
force. and must be as powerful on behalf OF any
| other nation it Is on behalf OF the United
States IT, therefore. America claims the right
| To make war upon my countrymen Tor the puT'
| pose Of conduering them. and thus destroying
another republic, so equally may GERMANY France
end England. any other powerful nation
| claim the same right
| II NAV he said that the United States has pur-
chased nom Spain by treaty ''all the building
| vharves. barracks, forts structures, pubic ng'
! Ways- and other imm0vable property. whlch, IL
| conformity 10 law, belong 10 the crown n'
/ Spain But it not possible for SPAIN to
7 yield any right as to property OF tins nature a.
| against the government OF the Philippine Islands
I for by all authorities upon the subject oi m
! teInational law, public property goes TO tht
I captor of the country. and may not be trans
ferred by an expelled nation 90 a foreign govern
! mcnt against the right OF the nation which lfd'
! gained possession Of the country 10y conquest. II
therefore follows that the public buildings, etc
| rccitcd as ceded by Spain to the United state
could not have been % ceded. but OF night an'
Iv international law belong 10 the successor o
! tie Spanish power in the Philippine; that Is Il
say, 10 the Philippine government representing
the independent people Of those islands
Ia the further discussion OF the question whether
| the American government could acquire any rig
| in tile Philippines from Spain by treaty. aii
! fortunately able TO invite your attention to 7cv
I cral notable and exact American prcgctcit-
/ and could ask for my country no better forum,
| than to have the Republic Of America, as al
| present constituted adhere to the teachings o
international law IS laid down by some OF IL
founders. to whom we appeal with the utmos
When II became necessary. as it did in l7s2
for the American Government 10 appoint CON
mssi0ueTs TO negotiate treaty with tho Court o
Spain. Mr.. Thomas jefferson under date 0
March IS, 1872, among other things wrote a
follows:
s.Spafn was expressly bound to have dpliycre,
nm I She
Of Georgia (during the Revolutionary War as al
ally Of the United States) to Great Britain, i
they We're cOnquests on Great Britain. who wa
To deliver them over TO the United States; o
rather she should haze delivered them 10 tn
! United States itself, standing quOIi hoe in tn
| place al Great Britain. And Size boun,
by natural right to deliver them TO the sam
United States much stronger ground, as tn
J real and only prOprict0rs OF those places whici
She had taken possession OF IN a moment q
| danger. without having had any cause of war wit
I the United States, to whom t.ey belonged. an
without having declared any; but. the con
trary. conducting herself in other respects a
friend and associate" NIitell, !, 3, l32.
! II l. still more palpable that a existing be
tween two nations Spain and Great Britl
|. | could give TO neither the right 10 seize and ar
prapriaie the territory Of third, which is eve
/ neutral much less which is an associate in tn
war. as the United States with Spain, citin
GrOtius PuifcndOrf. and Nattell.
, Again MIR. Pinckney. on August 10, l10j. wrot
. TO the Duke OF Aloudia among other matters .
: follows:
: But it had been said Crefcrring to the cor
tenti0n Of Spain that shc entitled to retail
+ territory within the limits of the United State
: | the possession Of which was obtained bv her du
ing the war against Great BrtainD that Spain la
3 , preteIsions for passing the limits above mention
/ | ID bv the right Of conquest. her troops havin.
, during the war. seized certain portion Of tc
ritory hes ond that limit hut the answer to th
nrctension Is as simple and conclusive tn;
. Just ,evclOped, which j. that the territory coi
| GucTcd must have belonged. before the war. cith
(. | to the United States or to Great Britain. Ii