La correspondencia de Puerto Rico. (San Juan, P.R.) 1890-1943, 1910-03-09
PR010CoLQ No. IS Y SUS ANEX0S,

The Spanish Commissioners sup
port their contention upon two
grounds; First, that the meaning Of
the words is not such as to include
the sovereignty Of Spain in the
Philippines. Second that the history
of the negotiations, and the reser-
vatlons made by Spain in the course
thereof, preclude the United States
from making it's claim.
It is a principle of law no less appli
cable to international differences
than to private controversies that
where the result of negotiations has
been embodied in written compact,
the terms Of such agreement shall
settle the rights Of the parties. The
reasons. upon which this doctrine
rests are too we'll known to need re-
capitulation here. While the United
States might well rest it's case upon
a construction of the terms used it.
has no disposition to avoid the full
est examination and the most scar
ching scrutiny of the negotiations
which preceded the making of the
Protocol, as they but serve to make
clear the purpose Of the parties to
leave to the treaty now in process
of negotiation the fullest opportu-
nifty to dispose of the government
and sovereignty Of the Philippine
Islands in such manner as might
be recorded in the treaty.
The two Governments being at
war, negotiations with a view of
obtaining treaty Of peace were o.
Fpened by the Government of Spain
through the Minister of State addre
sing to the President of the United
States, in the name of the Govern
ment of her Majesty the Queen Re-
gent, note dated the 22nd of July,
1898, which it is not necessary to
set out in full here. It is sufficient to
say that thereing the President of
the United States is asked to name
the terms upon which peace may
be had between the two countries.
This note was presented to the Pre-
sldent of the United States on the
26th day Of July 1898, by Mr.. Cam
bon, Ambassador of the French Re-
public at Washington, authorized
to make the application, and repre-
sent the Spanish Government in the
subsequent negotiations which led
up to the execution of the Protocol.
At that meeting the President recei-
we'd the note of July % from the Spa
nlsh Government and advised Mr..
Cambon that after consultation
with his Cabinet he would prepare
an answer which could be transmit
ted TO the Spanish Government. On
July 80, following, the terms Of pea
oe having been carefully considered
and agreed upon by the President
and his Cabinet, the President recei
we'd Mr.. Cambon at the Executive
Mansion ip Washington, at which
meeting were also present Mr.. THE
baut, Secretary Of the French En-
bassy in Washington, and the then
Secretary Of the United States. The
answer of the President to the COM
munication Of the Spanish Govern
ment, dated July 80, 1898, was then
read to Mr.. Cambon. This note was
in the exact form in which it was
signed and delivered to
Mr. Cambon to be sent to the Spa-
nish Government, with a single ex-
ception.
After some discussion of the terms
of the note, as to Cuba, and Porto
Rico and other West Indian island
Mr.. Cambon said he did not know
what the Spanish Government would
desire as to the Philippines, and no
matter what the note migth say as
% the Commission, the Spanish Co
7ernment would regard the purpose
's the United States as being fixed
70 acquire not only Cuba and Porto
o Rico, but the Philippines as we'll.
The President said that as to the
Philippines the note expressed the
purposes of this Government, and
heir final disposition would depend
ipon the treaty to be negotiated by
he Commissioners and ratified by
he interested Governments.