New-York tribune., 1900-09-23

Government In our intercourse with foreign ma
;icns said Ar Justice Lamar, the only aGth9r or
authority OF the Nation as unit" OBS l. S. SO
eien by one sovereign from another. whether by
conquest purchase or treaty IS an internatonal
beginning Of recorded history. Hence, II follows
that any power 70 acquire foreign territory pos,
States, and unless Specifically prohibited by the
the Constitution specifically prohibits such power
sovereign powers among the several agencies OF
sovereignty. When authority for any sovereign act
hibiLed by the Constitution, il is TO be sought in
that vast Tesiduum Of National power which the
Court has decided that the authority to acquire
ively; hence, il belongs 10 the people the l5OJD-
President, the sole agents and trustees of that
sovereignty have exclusive and unrestricted power
The righ- to acquire foreign territory is also de
1lNed from the enuneraN coHstltuo-lal lowers 10
declare war and TO make treaties. The Constitu-
tion," said Chief Justice Marshall, 'COnfers abso
OF making war and Of making treaties. conse-
quently that Government possesses the power Of
treasy " q Pet 5iz) And Mr. Justice Bradley in
The Mormon Church case said: The power 10 &C
making power ana the power TO declare and carry
On war The incidents OF these powers are those Of
national sovereignty, and belong TO all independent
governments" GS6 [. s, 42)
TITLE TO PHILIPPINES PERFECT.
But our specific title to the Philippines. Colonel
Bryan says. is defective DO We hold the islands
by treaty or by conquest? Did we buy them did
we take them? We cannot show" he says. "a quit
claim deed from anybody who ever had any author
ity give It" Our title is the most perfect known
70 International law. Il is good by succession OF
discovery, by conquest, by purchase and by treaty
-four recognized international sources of acquisi-
ton. aud each sanctioned by courts.
Spain discovered and occupied the islands in I57l
rnent was the only government known. and its title
was acknowledge by every nation in the world
Hence when Spain sold Us the islands her title by
absolWfelv in The tinted staFes - anu 'eS'eC
Concerning title by conquest Chief Justice Taney
is valid iitle e How 5} AND Sbaf eoTgfs Jstee
Marshall decided: sConouest gives title Thch The
eSurts o. the conqueror cannot deny" Is Wheat
n 1903 we purchased Louisiana for sl5OoooOo; il
1873 the Foridas for $5,c900O; Ia 1913 the Mexican
Of sl503o6o6 in 1861 Alaska for s. 10000 and in 1884
the Philippines for $4,000 COO From 1893 to the
territory has never before been questioned Does
Colonel Bryan doubt the title TO Nebraska2 YET
chase '''-'-iSi-4 Fuf
ded Ire f th y sa ssay e4 csf sfSgd Jg5tfs @
aries by conquest or treaty and may demand the
@ How 6i4) And the Court in the Mormon Church
case Iuiea: The power 70 make acquisitions Of
an inoident Of national Sovereignty" G5s g s, 82
FILIPINos NOT PURCHASED
Passing from the islands to the inhabitants Colo
leI Bryan inquiries Did we purchase the ;eopIe
Il not how did We secure title to them? Were
they thrown in with the land? Are they fixtures
Sno DO they pass with the soil? Il is not conceiva
ole that these questions asked seriously Nr
one contends that we purchased the people, they
|ere not thrown in with the land. and they are no
fixtures. The United States claim is simply thai
Spain transferred the sovereignty Of the islands II
Us: taat the United States is now the lawful SOW
eregT, ana that BY the treaty, international Law
ano me rulings OF the Supreme Court. the FIJI
pinos low owe allegiance TO tlds Republic
On the question of allegiance Chief Justice Mar
shaL. discussing the Florida Cession said: "Or
such transfer of territory the relations of the in
haoltants with their former sovereign are dis
solved, and new relations are eated between then
and the Government which has acquired their fer
r1toYy. The same act which transfers their countr,
transfers the allegiance Of those remain in n
q Pet 542) And in the Webb case relating to tn,
acquisition OF New-Mexico, the Court ruled: ''Thi
is the principle Of the law OF nations as expoundeC
by Ghe highest authorities that the Jnba III
tants Of a conquered territory change their allie
glance, and their relation TO their former sovereign