Washington sentinel., 1900-12-22
Legal Aspects Of the Philippine
Question,

Aegal Aspects OF the FhtltppLne
Question,
1t is principle OF international
law that no nation can transfer
title to territory over which it has
not control and sovereignty.
The reason Tor this rule is very
clear. International law receives
the sanction OF governments in
order to prevent difficulties, con-
flicts and wars among nations. II
it we're legal for a nation to trans
fer title to territory of which it has
not possession, it would produce
innumerable conflicts and wars be-
tween nations. After a people had
won their independence it would
only be necessary Tor the mother
country to cede the land so liber-
ated to some greater power, which
would crush the new government.
If title to territory is to be recog-
nized as belonging to a nation after
it has lost possession and soVer-
eighty, for what period Of time can
it still claim title1 There is no
statute of limitations Known to in
ternational law.
The King of England retained
as part of bis title the words Duke
OF Normandy and King OF France"
down to the beginning Of the
Nineteenth Century, but the ces-
sion by the King of England OF
the dukedom OF Normandy or the
Kingdom of France would not
have been recognized by a single
nation in the word.
AT the time the treaty OF peace
between the United States and
Spain was signed not a single foot
OF territory OF the entire archipel-
ago was in possession of Spain.
The FilipiDos had driven every
Spaniard from the islands into the
CITY Of Manila and had captured
1000 prisoners, and the city OF
Manila had been taken by the CO.
operation Of the Filipinos and the
American forces. So that at the
time Spain ceded the islands to the
United States, according to the
principles ofinternational law, she
had no more title to those islands
outside Of the city OF Manila than
we have to the Kingdom Of Spain.
Therefore this administration, in
attempting t. assert title in viola
ton Of the principles OF interna-
tional law, is wrong from q legal
aspect.
Again, there is another principle
oi international law to which at
tention is called. It is that on the
cession OF territory the inhabitants
of the ceded territory have the
right to choose whether their allie.
glance shall remain TO the govern.
ment existing at the time OF the
cession or whether it shall be given
TO the new possessor. Il is con-
tended Ihat the insurgents are
rebels to our government. No one
can be a rebel to a government
who does not owe allegiance to
hat government; and can any one
indicate when and where the Fill
pinos raised their hands and swore
to support the Constitution of the
United Statesp
They had the right to choose
whether they should remain citi-
zens Of the government existing at
the time Of the formation OF the
treaty or whether they should de-
clare their allegiance to the United
States. And il is as legitimate 10
criticise the Administration as to
its action in the Philippines as It'll
to criticise the same Administra-
tion as to its conduct with respect
to the strike in the Cuur dAlene
district, in the State Of Idaho.
The Administration has violated
the fundamental principles oi inter
nationel law in its conduct as to
the people Of the Philippine ISL
ands.