New-York tribune., 1902-05-22
SOTEREIGNTT OF UNITED
STATES QUESTIONED.
FORMALLY DENIED BY GREAT BRITAIN
AND GERMANY. But Firmly
MAINTAINED Ply THIS
OAERNMENT
GOV ERNMENT.
lE TELEGRAPH TO 1HE rR1RuxE.I

the Suu Archipelago and protested that this
government is without authority to regulate re-
strict prohibit trade with those islands is
disclosed in the publication by the War De-
Gsrtment of a volume nf opinions rendered by
Judge Charles L Msgoon. law officer of the Di-
vision Of Insular Affairs. or controversies aris-
ing from The American occupation of Cuba
Porto Rico ard the Philippines. II appears that
in 1899 the American Consul General at Sinsa-
pore on being asked by British officials and the
German Consul at that port whether trading
would he permitted with the Inhabitants of the
Sula Archipelago. in view Of the permanent
guarantee Of free trade with those islands in
the protocols between Great Britain Germany
and Spain. replied that il would not the United
STATES maintaining that the protocols fell with
the transfer Of sovereignty by Spain under the
Treaty cf Paris Of 1895
THE GERMAN AMBASSADORS NOTE.
Here the matter rested for several months
when il was revived 10y the following note from
the German Ambassador:
Imperial German Embassy,
Washington, July 81. 1900.
Nr Secretary Of state. The Military Gov
ernHr OF the Philippines ordered in the fall Of
last wear that the harbors of the Sulu Archi-
pelaso remain closed to foreign commerce until
fhe Issuance of special regulations As shown
by the inquiries made Of him in the matter he
hold that this measure was warranted because,
in his opinion. the arrangements concluded by
March II. 1877. and March ., 1850 (printed in
Martens. Nou Rec. Gen. Second Series Vol
II, p. 2so: Vol. Y. p 642l. were extinct by rea
son Of the transfer Of the sovereignty over the
Sulu Archipelago TO the United States under
the Paris Treaty Of Peace. In the mean while
foreign trade has, to be sure, been again per
Titted 20 certain extent in the Sulu Archi-
peagc- but the. existing conditions are, different
from those which obtained under the above
named protocols during the Spanish regime es-
peciallv in that the coastwise trade is forbidden,
that the foreign trade is allowed not with all
v-s41 nrrOIeA
American troops. and even then. barring some
designated ports. with permit from the Ameri-
can military authorities. and. finally. that in the
open ports foreign commerce Is SUBJECTED u
d,fTerential customs treatment
The restraint thus imposed upon German
trade has been the cause of complaints from the
frri of Behn, Myer & Co. Of Singapore. which
had previously built up quite trade with the
sulu Archipelago The Nord Deutscher Lloyd
has likewise petitioned in behalf Of German
commercial and shipping interests, that the
necessary steps he taken To restore previous
The preponderance IF opinion among leading
expounders OF international law is TO the et-
feet that agreements between States which have
merely local application are not aHecteo py
q change of sorerefgnty over the country 10
which they apply on This one ground Generai
Dtis-s standpoint on the present question seems
Pn, anart from this consideration. the cir
-urnstances under which the protocols of 1877
and 1885, we're concluded leave no doubt that
their continuance under the new American rule
would BE- but ConSouant with the principles OF
equity and international law. The negotiations
which led 20 the conclusion of both agreements
clearly show that. Notwithstanding her treaty
with the Sultan of SulU. Spain did not acquire
sovereignty over the archipelago. or in any
event thar such sovereignty was not recog-
nized and internationally established.
The imperial government. jointly with Eng
land. have. therefore lodged With the Spanish
Government a reservation against any detTment
10 our flag and people, worked by actual as
sumption Of such Hnsanctioned sovereignty
Spain was then constrained to acknowledge IN
note addressed To the English representative
Madrid. under date Of April L.. 1876. that
the relations. which may exist between Spain
and Sulu 90 not give a right to either State TO
prohibit or interfere with the direct traffic OF
British subjects other foreigners with the
ports of the said archipelago. which traffic ought
be and shall he respected in accordance with
the principles Of international maritime law"
The sovereignty Of Spain over the Sulu archi-
I,elago Is recognized de facto in the first prOto
col and de jure in the second, only because
Spain bound herself not TO use her authority
10 the detrment of our commercial interests
therein Recognition is, in the intent OF the
protocols Joined TO the proviso that our naVi-
cation and trade in the Sulu archipelago shall
remain free from restriction ana molestation
and especially so from any differential treat
ment There was thus laid on the Spanish
sovereignty over the Sulu archipelago a GER
tain limitation that has not been thrust aside
by the transfer Of the sovereignty to lawful
successor TO Spain.
PROTEST FROM GREAT BRITAIN
The English Government has also taken the
same standpoint in the matter, for the govern
Tient of the Straits Settlements Colony has by
eral Singapore entered its protest against
the United States exercising in the Sulu archi-
pelago any rights more extensive than those
which appertained to Spain.
have the honor to draw your excellency's
attention to this matter. and ! have no doubt
mat the government Of the United States will
not refuse to acknowledge the rights secured
by the respective protocols. ] venture
moreover. to point out that the position of the
American Government of the Sulu Archipelago
IS in manifest contradiction of the declarations
made in writing by the American Commission
ers Of the Peace Conference in Paris (being the
policy Of the United States TO maintain in the
Philippines an open door to the worlds com
merce1. printed at pages 10, 2lS of the Ameri-
csn Congressional document. we'll of the
principle Of the open door proclaimed by the
government Of the United States concerning
Eastern Asia
Awaiting your kind answer avail myself Of
This opportunity TO renew TO your exceIlency the
assurance Of my distinguished high regard
HOLLEBEN.
SECRETARY ROOTS OPINION. 1
In dispoyins of the matter so far as it affected
Germany Secretary Root. in memorandum TO
the State Department. treated the ambassadors
note simply as a complaint against the orders
q the military government whereby commercial
intercourse with the Sulus was at one time pro-
hihited. and subsequently restricted 10 the ports
IN possession Of the military forces. and subject
n certain regulations. THE Sulu Islands, he
wrote. ARE now subject to the military. The
riCh; II the commander Of the occupying force
70 regulate or prohibit trade with territory so
occupied is one Of the recognized and we'll re-
ceiHed laws and usages of war and nations In
scSition ~ the maintenance Of military occu-
patton of tire Sulu Islands the military forces
Of the United States are engaged in suppressing
an inrurrection in portion OF the Philippine
Archipelago accessible from the Sulu Isle nds.
The military authorities conducting the military