Evening star., 1902-03-14
ACQUIRED BY CONQUEST.
Mr.. Jenkins Holds That Cuba Belongs
to the United States.

That Cuba belongs to- the United States
and was acquired by conquest, just a Porto
Rico and the Philippines were at the same
time is the novel contention of Representa-
tive Jenkins Of Wisconsin.
Mr., Jenkins set forth his ideas on this
point In a speech in the House yesterday
afternoon.
Il assert" he declared ''that this coun-
try cannot have reciprocity with Cuba and
| deny that Cuba Is foreign country a
foreign territory, but insist that Cuba Is do
mestic territory, much territory belong
ing to the United States Porto Rico or
the Philippine Islands, and the title as good
in the case Of Cuba as that Of Porto Rico
and the Philippine Islands. This nation can
acquire foreign territory In two ways only
b. treaty and conquest. The United States
acquired Cuba from Spain by conquest.
when Spain struck her flag and with
drew her forces from Cuba the sovereignty
of this nation over Cuba and its title to the
island were complete. 1t was strengthened
when the treaty of Paris was ratified. By
that treaty Spain relinquished all claim of
sovereignty over and title to Cuba. BY the
withdrawal of Spain from Cuba. independ-
ent of the treaty of Paris, 1t followed, ipso
facto, that sovereignty over and title to
Cuba passed to the United States. And there
is nothing in the treaty of Paris to change
the result acquired by war Neither SOW
ereignty nor title lapsed. Neither-sover-
eighty nor title could go to Cuba. No one
can question that sovereignty over Cuba
and title to the Island of Cuba, passed by
International law to the United States. Sow
ereignty Is nothing more or less than power
and the United States is exercising power in
Cuba today, as effective as on the day the
occupation Of the Island of Cuba by tn, :,
forces of the United States was complete
"Under the Constitution Of the United
States, Congress has power to dispose of
and make all needful rules and regulations
respecting the territory belonging to the
United States. Congress has never UNDER
taken to dispose of or make any rules or
regulations respecting the Island Of Cuba
Congress did provide. by the act Of March
2, 1901. that upon conditions named in the
act the President is authorized to leave the
government and control OF the Island OF
Cuba to its people. That has not been
done, but II done 1t would not alter the
status of sovereignty or title.
THE people Of Cuba would be permitted
t. erect government, but not one of soyer-
eighty. The people of the island would
still be under the sovereignty Of the United
States. and title to the island would still
remain in the United States. BY the ex-
press terms Of the act ITSELF after affirma-
tive action by the President, the United
States would be exercising sovereignty over
the island. We are concerned with the
status at this time irrespective OF what the
President may do In the future, and ire
spective OF what effect the action Of the
President would have upon the question of
sovereignty and title.
s''IhereIOre, until the PRESIDENT acts 1t Is
useless for Congress to talk about fecipro-
cal relations with Cuba. All the President
can do Is to withdraw the troops. There
has been no attempt on the part OF. Congress
to delegate to the President the power to
transfer sovereignty or title-something
Congress could not do even If the act ex-
pressly directed the President to do So
Hence-it Is plain to be seen by an examina-
tion of the whole question that, at least for
the present sovereignty and title remain
with the United States, with at least the
debatable proposition that. under the law,
after the President has acted in accordance
with the terms of the act. the Island OF
Cuba will still be domestic territory.
Therefore 1t Is useless to talk about an
rexation This nation cannot annex what
belongs to it. The only possible question
is, Shall the United States continue its SOW
ereignty over the island?"