Evening star., 1902-08-15
THEPLATT AMENDMENT
NOT BINDING UNTIL A TREATY
SHALL HAVE BEEN RATIFIED.
State Department View-Contrary
Opinion by Constitutional Law
yer-congressional Definition.

stitutional lawyers as well as the officers
| of this government charged with the con-
duct of international affairs have given
| this question most profound study. When
| the conclusions thus formed have been
| gathered together it is found that there is
decided difference of opinion among men
versed in the etiquette of one nation toward
another.
| All of the speculation has to be based on
what is known as the Platt amendment-a
precept, containing eight articles, which
was made part of the army appropriation
| bill approved March 2, 1901, and which
| laid down certain basic principles along
| the lines of which the Cuban constitution
! was to be framed The preliminary pro-
vision of the Platt amendment was to the
effect that it should be made a part of or
appended to the Cuban constitution. After
some hesitation on the part of the Cuban
constitutional convention the amendment
was made an appendix to the constitution,
and not a part of the instrument itself
This was done at the suggestion of General
Leonard Wood at that time military gov
ernor of the island.
The Platt Amendment.
The last article of the amendment pro-
vdes that by way of further assurance,
the government of Cuba will embody the
foregoing provisions in a permanent treaty
with the United States
No such treaty has ever been drawn or
negotiated. and this brings the opinion of
international lawyers to the dividing of the
ways.
1t is understood that the State Depart
ment ruled yesterday that the Platt amend
ment is not binding until a treaty shall
have been ratified between the two coun-
tries. This ruling has not been announced
in so many words, but the attitude of the
| officials in abandoning any semblance of
jurisdiction over the proposed Cuban loan
is based on this view of the case.
On this point a well-known lawyer of ma
tional reputation said in discussing the
question today:
Il do not assume that the State Depart
ment has gone SO far as to take the posi-
tion that the Platt amendment is absolute
ly dead letter until a treaty carrying it's
provisions into effect has been ratified be-
tween the United States and Cuba but it
Is evident that the State Department does
take the view chat there is a very grave
question as to whether the Platt amend
ment is operative.
1.-The eighth article of the Platt amend
nent says that by way of further assur-
ance the government q Cuba will embody
the foregoing provisions into permanent
would seem to indicate that Senator Platt,
when he drew it, had in mind the fact that
the whole amendment would not be opera
tive or binding, but was merely an assuf-
ance given by the United States and Cuba
each to the other that the provisions con-
| tanned in the amendment should go into
effect some time in the future.
Undoubtedly there is nothing but moral
binding effect in this amendment and there
Is an open question as to whether it is ac-
tually part of the Cuban constitution at
this time. I would say that 1t really could
not be construed a part of that constitu-
tion until the full act contemplated by the
amendment had been consummated, and
that full act will not be consummated until
a treaty is negotiated by the two govern
ments and ratified by the Senate of the
United States and the treaty-making power
of Cuba.
IF this reasoning be true, it follows that
Secretary Shaw was correct the other day
when he declined to have anything to do
either affrmatively or negatively in pass
ing upon the right Of Cuba to make loan.
The State Department had nothing else to
do, In view of the action of the Secretary
of the Treasury, than to wash its hands of
the whole matter
Another View of the Situation,
Another view of the situation, held by a
constitutional lawyer, also of recognized
ability, is that although perhaps an unprec-
edented procedure. nevertheless the Platt
amendment is virtually treaty between
the two countries in itself.
MY view of the matter is" he declared.
that going back to the inception of the
tranSa ctfon the mind of the government of
the United States first reached out and
came In contact with the embryo mind of
the CUBAN government before that govern
HeiiI was ACTUALLY put into existence. The
United States declared in it's laws that
when the government of Cuba should be
created it should be founded on certain
fundamental principles which were en-
BODIED IN the Platt amendment. This
declaration was approved by Congress and
the President of the United States it also.
as was the intention, became a part of the
Cuban constitution. The moment it be-
came part Of that constitution it ceased
to be merely a law of the United States,
but became binding on both nations.
Although not in the usual form, it is a
treaty A treaty is simply a written mem
orandum duly agreed to and ratified by two
nations for the regulation of their dealings
with each other. The Platt amendment
was duly ratified by receiving the ap-
proval of the legislative and executive
branches of this government, and then be-
coming a fundamental part of the gov
ernment of the Cuban government How
ever, to obviate any doubt on this subject
the last article of the amendment provides
that by way of further assurance the
subject matter of the amendment shall be
made Into the form of treaty. Pending
the drafting and ratification of such a
treaty there Is not the slightest doubt in
my mind that the Pla1t amendment has
the full force and effect of treaty"
For Congressional Definition.
A member of Congress who was asked
concerning the Cuban relations Of this
government today said that he regarded
the matter one for congressional definition,
and that he had no doubt Congress at the
next session would be called upon to define
to just what extent the provisions of the
Platt amendment could be enforced by this
country in It's dealings with Cuba.
Friends of Cuba see in the absence of
treaty relations between this government
and the Island of Cuba are excellent argu-
ment in favor Of an extra session of the
Senate to ratify such a treaty. At the
same time they argue that a treaty en-
bodying the Platt amendment could be
made to stipulate certain commercial regu-
lations between the two governments, and
in these commercial regulations they see
the fulfillment of the Mckinley promise of
tariff concessions.
According to the terms of section of the
Platt amendment Cuba is charged with