The herald-advance. (Milbank, S.D.) 1890-1922, 1904-10-28
TREATY OBLIGATIONS.
Their Bearing on Our Relations with
the Philippines.


Spain in her dealings with the United
States had violated neither International
law nor treaty obligation, but had placed
a tyrannical government over Cuba, and
was using barbarous methods in trying
to suppress the instruction there. The
United States declared war against
Spain for the violitlon of high humane
tartan principles. The war was quickly
over; Spain was conquered, and at the
mercy of the United States. 4 solemn
treaty was written, and sigaed. sealed
and delivered by the two nations. in that
treaty are promises and obligations to
be kept by the United States.
Article ". provides that for ten years
the United States viii admit Spanish ships
aud merchandise to the ports Of the Phil
ipplne Islands on the same terms as ships
and merchandise of the United States.
Article VIII. The relinauishment or Sc
cession cannot in any respect impair the
property rights which by law belong to the
peaceful possession of property of all kinds
of provinces, municipalities, public or pri-
waite establishments, ecclesiastical or civic
bodies. or to private individuals etc. When
any document in the archives of the PENN
sula relates only In part to said sovereignty,
IA copy OF said part shall be furnished when
requested; such archives and records shall
be carefully preserved. and private persons
shall, without distinction. have the right
To require. in accordance with law, anthem
ticatc1 copies of contracts, wills and other
instruments.
IN. Spanish subjects residing in the ter
ritory may remain in such territory, or may
remove thcrefrom, retaining III either event
all their rights tn sell or dispose Of their
property, ana they shall have the right to
carry on their industry, commerce and pro-
fcssion. They may preserve their allegiance
80 the Grown of Spain. or adopt the nation
aiity Of the territory In which they reside.
The civil rights and political status of the
native inhabitants Shall be determined by
Congress.
the free exercise. of their religion.
NL The Spaniar,is residing in the ter
ritory shall have the same rights in the
courts as other persons.
Nil. Rights of property secured by
copyrights and patents acquired by Span
iards shall continue to be respected; Span
ish scientific. literary and artistic works
shall continue to be admitted free of duty
for ten years.
Ky. The government OF each country
will for the term of ten years accord to the
merchant vessels of the other country the
same treatment in respect to all port
charges, including entrance and clearance
dues, light aud tonnage dues, as is accorded
to its own merchant vessels.
XVI. 1t is understood that any Obliga-
tions assumed in this treaty by the United
States In respect 10 Cuba, are limited to the
time of its occupancy thereof. but 1t Will
upon the termination of such occupancy
advise any government established In the
Island to assume the same obligations.
1t is absolutely essential that the Unit
ed States should govern the islands in
order to fulfill the foregoing solemn OBJ
legations. If it granted independence
and a Philippine government was estab-
lished, how then could the United States
make laws to admit ships and merchan-
disc into the ports Of that nation, or
make and enforce avs governing the
rights Of property in that, a foreign ma
ton! How could it protect the Spanish
citizen and his property rights there.
and allow al. the free exercise of their
religion, and give equal rights to tho
Spaliards in the courts? How could
Congress determine the civil rights and
political status of a people living under
an independent aud foreign government
In order to do all these things it must
have the authority and power. and If it
cedes this authority and power to an
independent nation it then is helpless
and canno fulfill its sacred treaty obi
cations. Therefore. it appears that tho
United States, by treaty. has agreed ia
hold and govern the islands. not only
for ten years, but for all time to come.
A. treaty is the highest and most sacred
contract written among men. For one
hundred and fifteen years the United
A'LoLtS Atdo htpL AAA III al AO
treaty obligations. II the Democrats
into power. will they violate this
one? II so, in the future what answer
can We make to Spain when she has
filed claims against US, based upon the
violation of this treaty, and said You
professed the highest standard of moral
ity and declared war against me upon
high humanitar ian principles, and when
l was conquered and helpless, and you
could write anything you chose into the
treaty, you did write solemn oblig tons
to be kept and performed by you, and
now you have willfully violated that
which is most sacred among nations:
where is your boasted morality"
1t is said we should treat the Philip
pines as we have Cuba, and we should
make the promise now. The treaty bars
the independence of the Philippines, but
is not in the way of Cuba. The 21et
article provides: 1T is understood that
any obligations assumed by the United
States with respect to Cuba are limited
to the time of it's occupancy thereof.
but it will, upon the termination Of such
occupancy, advise any government estab-
lished in the islands to assume the same
This clinches the matter.
With reference to the Philippines We
agreed to do; in Cuba we agreed TO ad-
wise others to do.
s. P. DOUTHART.
SD 1Nnsoo~o noA "A 1nAA