The sun., 1900-09-16
rHs pHILIrrINss IN IxTERSArToNAL
LAW.
Precedent. That sustain the Adnini'trations
Position.

Precedent. That sustain the Adninistrations
Position.
To THE EDITOR on The SUN-Sh: II seems
10 me impossible for the so-caled anu-lm-
perialsts TO maintain their position with re-
spect to the aoquisition by tho United STATES
OF the PhiliT pine Islands upon the antho1-
ties and precedents OF International law we
acquired the Islands by cession from SPAIN
and not by conquest The treaty between
us and Spain which was concluded at PARIS
on Dec 8. 1893. expressly so declares; and the
condition OF oession. namely, the payment
by US OF s2o.ooo.ooo has been fulfilled The
title has passed The sovereignty Is now IN
us and we are In legal possession
The principal instances Of cession OF terri
tory 10 US by treaties concluding wars are
those OF Texas and the Philippines The an
nexation Of Texas, as is well known did not
Immediately follow the treaty Of Guadalups
Hildago, concluded Feb. .. is4s
1t Is customary in most modern treaties
Of oession TO make provision enabling the cit-
zens Of the ceded territory 20 preserve their
nationality OF origin In case they so desire
upon compliance with certain specified con-
dtions. but citizens have no absolute right
OF keeping their old alleQiance irrespectively
Of treaty. In the case OF the United States
vs. De Repentigny. Wallace. 26o. this rue
was laid down:
"A rule Of public law ia that the eonqusror who has
obtained permanent possession OF the enemys ooun-
try has the right to forbid the departure OF i1s new
subjects or citizens from and 10 exercise sovereign
authority over them"
Halleck III. lse-4s1) and Calvo (secuon
2ie4l think that inhabitants OF oeded country
l.t. alA oil
II they choose TO emigrate: but Hall says
1T 1, unquestionable that ,o prevent them from do
ing 10 would be harsh and oppressive in the extreme
but as the possession Of such night Is ineonssbh'
with the general principles OF law. could only have
been established by practice OF which there 10 oef
tainly as yet no reasonable evidences"
So far as what may be called the Spanish
portion OF the population OF the philippines
Is concerned, the treaty observes all the re-
ourements Of international law and Is humane
TO a degree.
Most modern treaties. commencing with that
Of Vienna in 1909. and coming down to that oil
Frankfort In 1871, which closed the Franco
Prussian War. required the natives or citizens
Of the ceded territory. In case they wished TO
preserve their allegiance OF origin. TO emigrate
within a limited period but our treaty con-
tains no such requirement. On the contrary
by Article TX. Spanish subjects who are natives
Of the Peninsula may preserve their allegiance
TO the Crown OF Spain. by simply making De-
fore a Court OF Record, within year from the
date Of the exchange Of ratificatlons OF the
treaty. a declaration Of their decision TO pre-
serve such allegiance; in default Of which dec
laration they shall be held 70 have renounced
their allegiance and TO have adopted the ma
- IT, rtwAx htphf a.
II IL, however, the following portion OF Ar
ticle TX. which seems 70 have stirred up the
ire Of the anti-mperialists The civil rights
and political status Of the natrs inhabitants
OF the territories hereby ceded TO the United
States shall be determined by the Congress.
f,ere. they say, we have departed from our
traditional policy: we have not by the treaty
pledged ourselves to incorporate the F1lipinos
into the Union We have broken with the past
and changed our national course We can
admit the Filipinos TO citizenship or not. as
we please II we do not admit them We shal
be imposing our sovereignty upon them against
their will and governing them as subjects.
n Ia not difficult 10 answer this upon purely
legal grounds.
Fir.t-we were not, either by International
usage OF law, bound. In advance, TO pledge
ourselves TO incorporate them into the Union.
When a sovereign acquires an Inhabited ter
rltory, he acquires full dominion over II. sub
ject only 20 the qualification that this dominion
does not divest the vested rights OF individuals
70 property.
pelassus VS. United States. 0 Peters, III; Mitchell
vs United States, ibid. iii: United States vs.
Percheman, 7 ibid. 81.
Seoond-Even our own practice. with re-
spect 10 the citizenship Of native tribes, In ter
ritory acquired by cession has not been uni
form. BY Article III Of the treaty OF 1908 with
France, by which we acquired Louisiana, 1t is
provided that;
.'The Inhabitants Of the ceded territory shall be
Incorporated In the Union OF the United States and
admitted as soon possible, according 10 the ortn-
clpes Of the Federal Constitution, 10 the enjoyment
Of all the rights advantages and immunities OF eiti-
sens Of the United States
Article VI. OF the treaty Of 1919 with Spain.
by which we acquired Florida, contains pro-
vision TO the same effect. though the conferring
of citizenship upon the Inhabitants" Is TO take
place "as soon as mny be consistent with the
principles OF the Federal Constitution" In
neither OF these treaties Is there any distinction
made between the citizens either OF France
or Spain and the others. but the people are all
grouped together under the simple designa-
ton. inhabitants IL is well known that both
louisiana and Florida contained. at the time
of cession, quite mixed population Of French.
Spaniards Creoles. Indians. and negroes 1t
will be observed that while the treaties named
bound US TO incorporate the Inhabitants Of the
ceded territories into the Union. no time IL
fixed, the treaty with France providing for
the admission Of the inhabitants TO citizen
ship -as soon as possible. according to the prin-
clples OF the Federal Constitution" and that
with Spain "ss soon as may be consistent with
the principles Of the Federal Constitution"
The United States. although under compact,
were thus left free TO determine their own time
for the fulnlment Of the compact In neither
Louisiana nor Florida were there ever any In
dians admitted TO citizenship: and the general
population OF negroes which Inhabited those
territories at the time OF oession did not live
to cast their first votes for Abraham Lincoln
Article TX. OF the treaty OF is4s with Mexico,
by which we acquired such large territories
from that country. makes no provision what
ever for the Incorporation OF the native tribes
and other inhabitants, but only for Mexican
ci,I1ens who should not In conformity with