The sun., 1900-09-16
ended in our country the tamo in human

ended In our country the tramo IN human
hesh.'
We have heard q great deal about Jefiersons
dictum that Governments derive their Just
powers from the consent OF the governed
All this is wide OF the mark and mas no
application whatever to International uals-
aotiona II would be dlfficult to point out
IN history a single example where In tho
case OF oeded territory its inhabitants were
asked for their consent to the cession. TO
AJAX for such consent would be Inconsistent
with the paramount authority Of the govern
ments concerned; and in case that consent were
refused the governments would not be gov
ernmenta Moreover, " would impracu-
cable TO get such consent. How Is II 70 De
ascertalned2 II by vote OF the people,
who Is 70 determine who shall voter Must
the consent be unanlmous1 Are the quah-
ncatlons Of voters 10 be tested by property,
education or tho bare fact Of residence, or howF
Was consent to oession asked OF the inhabi-
tants OF Louisiana, or Florida. or Texas Oh
Alaska1
Was the consent TO oesslon asked OF the In
habitants Of Alsaoe and Lorraine In ls7lf
In conclusion, the rule OF international law
oan bast be given IN the language OF HalI
quote from page 4s OF the fourth edition OF
his treatise on that subject, published In 1870
A misapprehension OF the like kind Is sometimes
met with in regard 10 the right Of alienation the exer
else Of which Is said 10 be subject TO the tach OF
express consent Of he population inhabtng the terr
tory nt,ndsd 70 be aiisnated. The doctrine appears
in two forms a moderate and an extreme one. In Its
more moderate shape II appears 70 come 10 h'ue
more than a denial that title by ceSsion II
CON pleled when the ceded territory mas been
handed over BY the original owner p
the new proprietor. pesoesble submission by the IN
habiAnts b.ne necessary TO perfect the Hght oi lhe
latter; but Il is occasionally declared that the erssion
OF land cannot be dsassocsted from that Of the peo-
pie who live and enjoy their political nights upon H.
that "a people Is no longer q thing without rights
and without, will:" that Its consent. u not other
wise proclaimed must be tesuhed by
yotS Of the population or It's representatives
and that International law has adopted
this principle BY It's practical recognition In the
treaty Of Turin which regulated the c'sslon OF Sa
voy 70 France. In the treaty OF London oy whieh
the onian Islands were ceded to Greece In the treaty
OF Vienna which stipulated for the eventual eesslon
OF Veneua TO Italy and IN that portion of the treaty
OF Prague which referred 70 Northern Sles-
Wig For an answer to this doctrine In us
extreme form Il is only necessary 10 traverse the allie
cation Of fact tn prinefplt that the pi'h0 OF q pop
ulaiion are TO BE- consulted phsn the territory uhIeh
they inhabh esdsd has not been adopted ir'c inter
national av and cannot be adopsd into unth thIs ov
was sanctioned by the treaties cited has an air
rather Of moekery than OF serious statement
when the circumstances accompanying the
ceSslon Of Savoy and Nice are rem mbered
and when the only treaty Of the number. the breach
OF which opportunity and desire combine TO render
possible. remained unobserved, and has nnaly been
cancelled As 70 the milder form Of the doctrine II Is
only 70 be said that States being the sole interna-
,ional units the Inhabitants Of ccded territory
whether acting as an organized body or as an unor'
ganted mass Of individuals. have no more power 70
confirm or reject the action OF their State than Is pos
sessed by gle individual An act on the other
hand, done by the STATE as a whole, Is. by the very
conception Of State binding upon all the members
Of IT.
The italics are mine. 1t would seem 10
follow that. In annexins the Philippine Is
ands by the treaty Of Paris. we not only
did nothing inconsistent with our own pre-
vious policy. but that we strictly observed
every legal and humane consideration Of In
ternational law. WILLIAM o. DAVIS
100 BROADWAY. Sept. Z.