New-York tribune., 1902-05-22
TITLE TO SULU ISLANDS.
Continued from first page.

operations against said insurrection were at one
time of the opinion that military necessity ex-
listed for prohibiting commercial intercourse be-
tween the SuIu Islands and the outside world.
The military authorities in command of
the United States military forces in the Philip
pines are OF opinion that the restrictions and
regulations upon trade with the Sulu Islands
now enforced are essential TO meet the military
necessity occasioned by the insurrection.'
RIGHT OF. SOVEREIGNTY MAINTAINED
The broader question of the right of absolute
sovereignty over the Sulus. which the United
States regards as altogether incontestable, is
supported in the following extract from Judge
Magoon's opinion on the point raised by Great
Britain:
Upon the Sulu Islands being ceded by Spain
to the United States the treaties of the former
sovereignty respecting trade with said islands
ceased-that is to say. the agreements made by
Spain relative to trade with the inhabitants of
the territory ceded do not attach to the soil or
become a lien upon the territory which the new
sovereignty is bound to assume or maintain
The same rule is applied in territory ceded to
another State, where the territory separated
becomes Independent State. Halloc6 on In
ternational law says:
But the obligations of treaties, even where some
of their stipulations are in their terms perpetual.
expire in case either of the contracting parties loses
its existence independent State, or in case
der the treaty inapplicable TO the condition of
things.
This doctrine originates in the fact that per-
mission to foreign nations to trade with It's sub
Jects Is an act Of grace the part Of the Sow
ereignty. 1t may be that where the sovereign
ty continues q change or persons or instruments
by which ii is administered does not change
the agreement or obligation 10 extend the grace
upon the designated conditions. But where
there is a complete change. not only of sover-
eigns. but of sovereignty. OF necessity the agree
ment ends, for each sovereignty must exercise
its grace in accordance with its own constitu-
ton, laws and customs.
The most insistent instructor which the United
States has had to this canon OF international
law has been Great Britain. shall not attempt
TO review the instances, but simply call atten-
tion to the controversy regarding the fishery
privileges upon the coasts OF Newfoundland,
Nova Scotia and Labrador, in which England
insisted that the separation of a new State from
an old one involves the loss, the part of the
inhabitants of the territory Of the new State.
of local rights within the territory remaining
TO the old State which had previously been
enjoyed in common by the subjects of the orig
inal State The controversy was ended by the
treaty Of 1918 in which the contention of Eng
land was conceded to be correct.
In the controversy between the United States
and Great Britain with reference 10 protectorate
exercised by the latter power over the Mos
quito shore, Lord Clarendon declared that
Mexico was not considered inheriting the
obligations or rights Of SPAIN
In regard to Mexico. Hall International
Law" says;
The very fact that Mexico succeeded to all the
fi sovereignty within the territory OF the republic
shows that it could be burdened by limitations
on sovereignty TO which Spain had chosen 10 CON
sent. 1t possessed all the rights appertaining to
an independent State. discncumbered from personal
contracts entered into by the State from which
II had severed itself
The sovereignty OF the United States in the
Sulu Archipelago is not encumbered with the
personal contracts entered into by the crown
of Spain regarding trade with the inhabitants of
said islands.
The firm stand taken by this government on
the matter and its convincing manner IN meet
ing the British and German challenge is be-
lieved to fix the status Of the Sulus for all time.
The absolute American sovereignty over the ISL
ands is regarded adjudicatea and there is
the best Of feeling among the three nations over
the opportunity afforded by drastic military
measures to remove the subject forever from the
domain Of controversy.