BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-06-13
sArlJUAN, JUNO -
Legal Questions During
Military Occupation.

While the armies of the United
States have been in occupation OF ter
ritory ceded or yielded by Spain under
the treaty of Paris, a number OF legal
questions of great difficulty have arisen.
Judge Charles E. Magoon, law officer
of the division of insular affairs at
Washington has reported these ques-
tions in a substantial volume issued by
the government The reports are not
judicial decisions, but were prepared
for the use and information OF the Sc
cretary OF war il arriving at such de-
examinations as were found necessary
in the administration of his department
They concern a. great number OF ques-
tions that have been dealt with IN the
course of the government OF the Span
ish islands. and contain not only great
deal of law to Americans, but great
variety of interesting historical facts,
the result of very thorough research,
in many cases involving Unpublished
documents and forgotten reports, as tor
instance the report On the lnsurrectlon
in New Mexico and California.
Judge Magoon has earned the hearty
thanks of those who are interested IN
some of the most important legal as
poets of expansion. The volume con-
tains ample material for verifying the
legal continuity of doctrines which were
ready to hand to apply to the new pos
sessions. The reader will be instructed
by the division in political sentim 7nt
and belief which Obtained long before
the recent treaty of Paris. He will see
how the distinction between the const1-
tuition going into effect lex proprlo
vieore" in new territories and being es-
pecially extended by congress had
troubled our statesmen long before the
Philippines had been thought OF as
possible subject of political discussion.
He will see how, nearly a hundred
years ago, the debates in congress
ensuining upon the communication OF
the Louisiana purchase treaty to that
body gave rise to the charge of i'm.
perialism against Thomas Jefferson.
He will see now Madison and Monroe,
on acc punt of their course in regard to
that treaty. were charged with perVert-
ing the principles on which this govern
ment is founded, with destroy ing the
rights of man and imperilling the con
tinued existence of this republic.
It was necessary that Judge Magoon
should include some pertinent facts and
discussions on our early expansion over
contiguous territory in order that oar
expansion over sea should be adequate
" understood and defended. But
having done this, he proceeds to report
and explain large number OF cases In
which rights and claims arising in Cuba
and the Philippines were decided upon
by Secretary Root under the law dur
ing military occupation. A study OF
the volume will reveal in measure that
the ordinary student of American eN-
pansion can never Comprehend the
great difficulty and complexity Of the
task undertaken by Mr.. Root In some
cases he had no precedents. He had to
make them, and in doing so he has
been compelled to assume responslb-
ility which no secretary of war since
Edwin Stanton has had to meet. 1t
may be questioned whether Mr.. Stanton
prodigious as was his task, was beset
By the number and varietj of difficul
ties which the present secretary of war
has had to deal with. It is gratifying
to know tina. the public has nov the
means, thanks to the work OF Judge
Magoon, of estimating those difficulties
and the service rendered IN solving
them.