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OUR 
 
 TREATY WITH SPAIN 
 
 TRIUMPHANT DIPLOMACY 
 
 ANNOTATED BY 
 
 Charles Henry Butler 
 
 WASHINGTON LAW BOOK COMPANY 
 
 1422 F St., N. W. 
 
 WASHINGTON, I). (. 
 
 1898 
 
OUR 
 
 TREATY WITH SPAIN 
 
 TRIUMPHANT DIPLOMACY 
 
 ANNOTATED BY 
 / 
 
 Charlhs Henry Butler 
 
 WASHINGTON LAW BOOK COMPANY 
 
 U-*2FSt.,N. W. 
 
 WASHINGTON, D. C. 
 
 189S 
 
p- y 
 
 25131 
 
 copyright, 1898 
 Charles Henry Butler 
 
 .t^^^XasJiiCa yiit.w. 
 
 ^027 
 
 ^'>,Vi, 
 
 V'' i):- r 'Or Of THE "^^' 
 
 ! 75SS4DEC27 
 
 ,., ■ - -♦- 
 
OUR TREATY WITH SPAIN. 
 
 TRIUMPHANT DIPLOMACY. 
 
 The cvc'ut for whicli the couutry lias been waiting with the 
 keenest expectancy and impatience has at last transpired. The 
 Treaty of Peace by which the war with Spain, temporarily ended 
 by the Protocol of Angnst 12th, has been finally terminated, 
 peace restored' to the two conntries, and freedom and liberty as- 
 sured to those whom this country was bound to, and did, protect, 
 Ikis been concluded and exchanged by the High Commissioners 
 representing the two sovereign nations engaged in the struggle. 
 
 All that now remains to make the treaty the supreme law of 
 tlie land is for the President to transmit it for ratification to the 
 Senate of the United States, in accordance with those provisions 
 of the Constitution which clothe the President with ''power, by 
 imd with the advice and consent of the Senate, to make treaties, 
 provided two-thirds of the Senators present concur," and which 
 also provide that "all treaties which shall be made under the au- 
 tliority of the United States shall be the supreme law of the 
 l;iii(l," and for the Senate to formally ratify it. 
 
 Tlie High C'omniissioners of the United States will, on their 
 arrival at the end of this week, deliver the original executed copy 
 of the treaty to the President, and thereupon will be relieved 
 from further duties as Commissioners,, although three of them 
 will, in their capacity as Senators, have the further duty of vot- 
 ing for the ratification, by the body of wdiich they are such dis- 
 tinguished membetg, of llje fruit of their labors. 
 
 While the exfict text of the treaty may, pending its ratification 
 and pursuant lo ;ifc|i^ons,' remain otficially undisclosed, the fact 
 that it has already been publ^hed in Spanish newspapers has 
 
4 OUK TKEATY WITH SPAIN. 
 
 made its contents an open secret, for there is no apparent reason 
 to doubt the general accuracy of the text which was obtained and 
 published through the enterprise of the iiewspapers. 
 
 This annotation of the treaty, therefore, is publislied on tlu' 
 assumption that the "Sun'' text is correct, and, as it will be impos- 
 sible to obtain any oificial copy of the treaty until it shall have 
 been published, either by direction of the President or the Sen- 
 ate, this text is the only one available at the present time. 
 
 Some discrepancies will undoubtedly appear, as, according to 
 press accounts, the text published was an independent translation 
 of the Spanish version of the treaty. Such discrepancies, how- 
 cA'er, will probably not materially affect the general description 
 of the concessions made in, and the principles established by, tlio 
 treaty. 
 
 The negotiation of this treaty is a triumph of .Vnierican diplo- 
 macy, or, to use a more proper expression, let us say, of Ameri- 
 can statesmanship, and the President and the High (yommission- 
 ers who represented the country are to be congratulated upon the 
 success of the final struggle of the war. 
 
 As great a "S'ictory has been won as when Commodore, now 
 Admiral, Dewey destroyed the entire Spanish fleet in Cavite Bay 
 with the indirect loss of oidy two men; as when xVdmirals Samp- 
 son and Schley and the connuanders of the vessels in the squad- 
 ron off Santiago sank Cevera's fleet with the loss of only one man ; 
 as when Santiago, and thereby, eventually, the whole of Cuba, was 
 captured with a loss of less than ten per cent of the corresponding 
 loss in the Civil War, when the number of men engaged, and the 
 time consumed, in the conflict are considered. 
 
 In the case of the treaty, as in the victories of our naval and 
 military heroes, everything has been gained for the United States 
 and nothing has been lost or surrendered, nor have any indefinite 
 obligations been assumed, or liabilities created, except in so far as 
 the United States have very properly agreed to judge and settle 
 the claims of their own citizens for such losses as they have inno- 
 cently incurred through Spanish misrule in Cuba. 
 
OUR TREATY WITH SPAIN. 5 
 
 I.il tliclii >;i\' \v]i;il tlicv will ;il)<iiil tlic iiccc'^sit v of .<i)('ci;il cilu- 
 r;iticiii for (lur (lipliiiiuits. ilici-c :ii-(' 11(1 liiviitcr schoolsdf (1ij)l<iiiiacy 
 in the wiirlil tli;ui tlic I )c|i;iil iiiciif nf Stjitc, niid tlic ( 'oiiiiiiittoes 
 nil Koi'cimi IJ('l;itiuii< ;iii(l l'\iicii:ii AlTnir- in llic Iwn llnii-csoi 
 ( 'oiiiiTess, iiiiil in llic ])i'('sciit instnncc, all tlic nicnilxTs of tlic 
 roiiiinis^sioii. as well a* oxovy one n--ociatc(l with tlicin, liavc 
 taken tlic full conr-e in ]iraclical iliplMiniicv, either in the I )e|>ai-t- 
 
 llielit. (ilic '>V hiith ef those ( 'olll III i 1 1 e-. (»r ill a('ti\'e 1 1 i | ilo'liatic 
 
 -er\ice. ami the t reatx' uixc- exidiMice n[ the thoi'oiiuhiicss of thoiv 
 e(liicatioii: tlirouiihoiit all the iiei:(itiatioii> there has also boon 
 folt tlio influpiioo of the liiiidiiii:' hand of him who, dnrinff the 
 entire conflict, lia^ hcen the Commander-in-Chief of all the 
 forces, effoctinc,- these ureat victories, whether in the field, npon 
 tli(^ sea! or in the conncil chaml)er. 
 
 AVhile the ]>rcccdcnts cstal)li>hed l>y the (li]iloniatic customs of 
 the Fiiited States have been followed, more concise vorbiaii'o has 
 been used, and the methods of procedure prescribed, are far less 
 cou'i'lcx than tlio-e pro^:idcd for in any ]ire\-ious treaty bv which 
 ferritorv has been acipiired. or (daims by the Ignited States acainst 
 for( io'n powers have been settled. 
 
 The admission by the treaty that the Fnited States is to be 
 bound by the oblio-ations imposed by International T.aw in reaard 
 to th(> occupancy of Cnba, is a sii>-nal victory for the principles of 
 the decision of disputes between nations by recoo-nized rnlos of 
 law: it is practically an admission that the riaht to settle matters 
 by the final arbltrninent of war. can ouly be resorted to after the 
 failure of an attempt at settlemeni bv peaceful means, and undei 
 the rules of International Law. 
 
 The treaty is as notaldy a trium])h of dijilouiacy in recfard to 
 ♦he ]trovi?ions that are "conspicuous bv their absence" as it is in 
 reai'fd to those which do appear. 
 
 The omi-<ion of any reference to any indebtedness of th(> 
 former sovereign of the ceded territory was the residt of a long' 
 diplomatic stru^iile, in which our Commissionei-s were completely 
 victorious; and. taking into consideration that tlie title bad been 
 
6 OUK TKEATY WITH SPAIN. 
 
 acquired by conquest prior to the cession made by the treaty, as is 
 evidenced by the incorporation of the Protocol of August 12th in 
 the treaty as a part thereof, and the continuance in force of it? 
 provisions, will effectually defeat any claim by foreign cred- 
 itor that the United States have directly or indirectly assumed 
 any financial obligation for existing in connecton with any of the 
 ceded territory. 
 
 The renunciation by Spain of her sovereignty over the Island 
 of. Cuba, Avithout naming any power in whose favor such renun- 
 ciation is made, is accompanied by the admission that the United 
 States are now in military occupancy thereof, and thereby the 
 anarchical condition which might otherwise have ensued is en- 
 tirely averted, and all possible trouble therefrom prevented. 
 
 The treaty briefly, but most effectually, provides for the future 
 civil and political status of the inhabitants, by vestingin Congress, 
 the right to define the civil and political status of all the natives, 
 thus, in a single sentence of less than twenty words, completely 
 wiping out all the doleful forbodings which have been made by 
 the foes of expansion, on account of the danger involved in mak- 
 ing several millions of native, and possibly uncivilized, inhabi- 
 tants of the Philippines citizens of the United States. 
 
 This point has been so completely covered by the Commis- 
 sioners, in so few words, that the position of the calamity criers 
 must be rather mortifying, when they see the entire pano- 
 rama of future mishaps, woes and miseries, which they had so 
 confidently and eloquently conjured up, melt away into such thin 
 mist that the mere fact of its existence will have been entirely 
 forgotten, before there will even be time to ratify the treaty. 
 
 While considering the greater matters involved in the transfer 
 of territory, the Commissioners have not neglected the lesser de- 
 tails of preservation of evidence and muniments of title, and 
 of property, thus averting many of the difficulties which were 
 encountered in the establishment of titles in territory pre^aously 
 acquired. 
 
 The granting of equal rights to Spanish ships in the ports of 
 the ceded territory during the brief term of ten years, shows a 
 
OUE TREATY WITH SPAIN. 7 
 
 proper regard for the continuance of mercantile connections, the 
 sudden sliattering' of wliicli uiiiilit cause those financial embar- 
 rassments which often follow the breaking off of long-continued 
 aiisociations. 
 
 In fine, the treaty -will be welcomed bv all tme-hearted citizens 
 as the just, proper and honorable termination of the hostilitiesi 
 wiiicli were forced upon us, and wliicli we wonld have avoided 
 had we been able, but wdiicli all the higher motives and priip-iples 
 I lint should actuate anv nation compelled us enter upon. 
 
 Tho long discussion in regard to the policy of "expansion" has 
 ended. I'hnI is. it has ended so far as any practical l)earing upon 
 the result is concerned. Doubtless there will be many arguments 
 advanced conclusively proving that expansion is not only inad- 
 visable, but that it is also unconstitutional, but meanwhile the 
 country has expanded, and the real question now before the nation, 
 is not whether we shall take the ceded territories under our 
 jurisdiction, but, now that we have taken them, how we shall best 
 govern them, not only for the sake of oui-selves, but of the addi- 
 tional one per cent of the inhabitant* of the globe for whom we 
 have rendered greater service in the past six months, than all 
 other civilized nations have rendered during the past three cen- 
 tiu'ies. 
 
 The question of the advisability of the war itself was discussed 
 in the same spirit last spring. Thbusands hoped and prayed thai 
 it would be averted even at the cost — not to use any hai-sher 
 terms — of national apathy, but the moment that the crisis came 
 and war became not only inevitable, but a fact — a condition, so to 
 speak, and not a theory — the question of its advisability, and its 
 propriety, was forgotten, and all were for the Country, all prayed 
 for victory. Should it not be so even now? Should not every one 
 urge thepromptestratificationof thispeace bringing treaty and so 
 help the nation, and those who are charged with the direction of 
 its government, not only to accept these added possessions, but 
 also to sustain the added responsibilities, and so to show to the 
 world at large — for it is watching us now even as it did when the 
 
8 OUR TREATY WITH SPAIN. 
 
 Constitution was first adopted — that we have expanded not only 
 territorially, but also in dignity and honor, and that our Govern- 
 ment is no more an experiment to-day in the wider sphere over 
 which it nows extends, than it was when we first assumed the 
 reins of self-control. 
 
 Tn one of those short and characteristic speeches, delivered by 
 the President in his recent visit to the South, he asked: "Who 
 will pull down the flag now that it has been raised?" and told 
 the story of the color bearer, who had advanced in the thick of 
 battle beyond the foremost fighting line, and on being orderetl to 
 bring the flag back to the line, replied: "I can't; bring the 
 line up to the flag." The flag has been advancing beyond the ol4 
 line, but the line has been brought up to it. But does not tho 
 flag also float above the line, as well as beyond it? A very short 
 time ago, it seemed too far beyond us, but we caught up to it, 
 and although the higher it waves above us, the harder it may be 
 to reach it, still, as "he higher shoots, who aims a star, than he 
 who aims a tree," surely the results attained will bo 
 all the greater if the struggle is the harder. Wo 
 have overcome difficulties before, but only when we met them, 
 not when we avoided them — when we changed our policy, not 
 when we continued it. Spain has never changed her policy. 
 
 To-day the pirates of the Barbary Powers would still be levy- 
 ing tribute on our merchant marine, as they did when Washing- 
 ton himself transmitted to the Senate one of those mortifying 
 treaties for confirmation, with a statement of the price involved 
 for obtaining it, had we not changed our policy an<l as- 
 serted our ability to bring the line up to the flag under the lead- 
 ership of Decatur, Allen and other prototypes of Farragut and 
 Dewey. To-day the ships of foreign powei*s would be searching 
 our merchantmen and impressing our seamen as they did for 
 years, had we not changed our policy of submission and asserted 
 our rights upon the sea under the leadership of Madison in the 
 Executive Mansion, of Clay in the Senate, Avho sounded tho 
 watchword, "Freedom of Trade and Our Sailors "Rights," of Law- 
 j-ence and Perry on the sea, and of Jackson on the land. 
 
OUR TREATY WITH SPAIN. 9 
 
 To-dav :^lavory would bo an institution ll<Miri-liiiiu' ii"! mily in 
 those States to wliicli it was once coiifinccl, l)ut sjircadinu- over all 
 the territovies to which it was cxtcMided l)y tlic (h-ci-^ion in tlic 
 Dred Scott Case, had we not changed our jx-licy, and ha<l nut 
 Lincoln, even after he stated in his inauo'ural address, that he had 
 no purpose directly or indirectly to interfere with the in-tirution 
 nf slavery in the States where it existed, and lliat lie I.elieved h-' 
 Iiad no law fnl riulit.and liad noinclinat inii t( mIm <(i. liini-elf -iliimmI 
 the Proclamation of Emancipation. T.nt will any one dare to 
 hlame him for that inconsistency. Thank God! the courage of in- 
 (Mi]i>istency triumphed over the cowardice of consistency; where 
 Avould this (-(Mintry be now had Lincoln hesitated, if some mie had 
 shown him a list of Georg-e Washington's slaves? Will the bit 
 terest foe of Expansion espouse the cause either of eoni raetioii. or 
 of disintegration? 
 
 The "Destiny of the TTnited St<ates" is not a mere phrase — or a 
 mere fancv — it can not be dismis=ed with a sneer. John Adanvi 
 -aw il when, ill 1 7s7, he coiiteniplated the nnion of the whole of 
 North AmcM-ica — a s])here of power and influence which foi- that 
 day, oi- even for this, is far beyond any that we have assumed, or 
 e\en thought of, as yet. William T\. Seward saw it when he 
 made his great address at Sitha after the pnivdiase of Alaska. Ts 
 our vision any dimmer than their's? 
 
 Surelv our great advance has not been all by chance — surely 
 thus far the Lord hath led us on, and surely TTe will not forsake 
 us now. 
 
 ^TaiiN' dangers have been encountered, all have been over- 
 come: the -kies have at times heen dark, but the (dou(b have r( died 
 awav; responsibilities have been added, but increased strenothhas 
 been given to bear them; have w(> not the right, should we n.f>t. 
 have the faith, to jndge the future l)y. the past? At this joyful 
 riiristmas season, w^hen gifts are being exchanged between all 
 wlio lov'e each other, let the gifts of loyalty and allegiance that 
 we are receiving from the far off regions of the south, and of the 
 ea?t, and of the west, be reciprocated by gifts, from us to them, of 
 cordial and affectionate welcome, and let ns freely assume our 
 
10 OUE TREATY WITH SPAIN. 
 
 new responsibilities as we have assumed those that came to us in 
 the past, remembering that nothing brings its own reward so 
 surely and so completely as the prompt recognition, and faithful 
 performance of duty. 
 
 In the beaut^y of the lilies Christ was born across the sea, 
 With a glory in His bosom that transfigures you and me; 
 As He died to make them holy, let us die to make men free, 
 While God is marching on. 
 
 We liRA'c heard that before; we have sung the words, as 
 we have marched with the tune to victory. There is power still 
 in the words ; there is music still in the notes ; the flag is still be- 
 fore us, and the flag is still above us. Are we still marchingj 
 oi-L? 
 
 In the brief time at the annotator's disposal — less than three 
 days having elapsed since tlie publication of the text of treaty — it 
 has been impossible to thoroughly collate all the legal and his- 
 torical precedents which should be cited in order to make this a 
 complete work; but the publishers have thought the presentation, 
 in a concise form, of the treaty, annotated by references to the 
 legal precedents and the corresponding clauses in former treaties 
 relating to similar subjects, with a few facts of interest, in con- 
 nection with the negotiation of the treaty and the decisions of the 
 Supreme Court in regard to the rights of this Government under 
 the Constitution, as well as under the rules of International Law, 
 v/ould be of interest to the public, who are probably more thor- 
 oughly and intelligently interested on this occasion than they 
 have ever been before, and therefore this annotation is presented 
 v^thout furtlier apologies as to its defects and deficiencies. 
 
 CHAKLES HENEY BUTLER. 
 1531 I Street, Washington, I). C. 
 December 23, 1898. 
 
OUR TREATY WITH SPAIN. 11 
 
 ARTICLE I. 
 
 Spain renounces all right of soveu'eignty over (Jnhit ,• iclierras, 
 said isle, luhen evacuated by Spain, is to oe occupied by the 
 United States; the United States, while the occupation continuis, 
 shall take upon themselves and fulfill the obligations nJiich. by 
 the fact of occupation, international law imjjoscs on them for the 
 protection of life and property. 
 
 ( 'vha Avas discovered by Coluniburf during his first, voyage in 
 1 492. In 1511, Diogo Velasquez, on behalf of Don l^iego Colnm- 
 1ms. t(^<»k fonnal possession of the Island; it is said that the cere- 
 iiioiiv iiiclnded the cremating alive of a native chief at the stake, 
 and that the victiin on being nrged to al)jnre his own gods and 
 a('ce])t Christianity so that his soul might go to '"regions of eter- 
 nal bliss." ashed if there were any Spaniards in those happy 
 abodes, and on receiving an aftirniative reply decline(1 to accept 
 the proffered reward for his abjnration, on the ground that he 
 jireferred to go somewhere else and avoid their society. 
 
 Tuba has an area of about 43,000 square miles, and is about 
 the size of the State of Pennsylvania. There are about 30,000,- 
 000 acres, of \vhich less than 3.000,000 are now under cultiva- 
 tion. 
 
 The population at one time was estimated at nearly 2,000,000. 
 About eighteen months ago it was estimated at 1.500,000. At 
 the time of the declaration of war it was supposed to be less than 
 1,000,000; it is impossible to obtain any accurate estimates in 
 this respect. 
 
 In 1538, Havana Avas burned by a French privateer, and the 
 occurrence was repeated in 1554. immediately after which Morro 
 Castle was built. In 1762, Lord Albemarle, with a fleet of two 
 hundred sail and a land force of over 14,000, attacked Havana, 
 and after a seige of two months captured the city, which, together 
 with all the surrounding country, remained in the possession of 
 
12 OUR TEEATY WITH SPAIN. 
 
 Englaiul for ahout a year thereafter, when tlie Treaty of Paris, 
 Februarv 10, 1763, restored the territory to Spain, who ceded 
 Florida to England; France ceded Lonisiana to Spain by the 
 same treaty. Florida was subseqnently re-ceded to Spain by En- 
 gland. From 1708, Cnba has remained nnder Spanish rnlc, 
 until l)y the present Treaty of Paris her sovereignty in the Is- 
 land has heon lerminated forever. (For ])rief histories of Cuba 
 see The Island of (hdia, by Rowan and Ramsey, N. Y.; Henry 
 Holt, 1897; The Story of Cnba, Her Strnggles for Liberty, 
 Mnrat Halstcad, Chicago, 1897.) 
 
 Be)i}ui(l(ifioii. — The treaty is silent as to the ])o\v('r in whose 
 favor S])ain i-enonnces her sovereignty over Cnba. This was a 
 wise move on the part of the United States Connnissioners. The 
 sovereignty ( A-er every portioiL of territory of the world is vested 
 in the people living within natnral geographical bonndaries, ex- 
 cept so far as it has become vested in some sovereign power, and 
 when that poAver renonnces sncli sovereignty it vests again in the 
 iidiabitants thereof; S])aiii by this rcnnnciation havingabandoned 
 her sovereignty, it again retnrns to the inhabitants of Cnba; a- 
 there is no organized government there to sncceed to that of 
 Spain, the sovereignty vests in the people in the same manner as 
 lier reliniinished sovereignty over the Spanish colonies in Sonth 
 America vested in the people of each colony respectively, who 
 thereafter organized their own independent governments. 
 
 In the present instance, if it Avere not for the occnpancy of 
 the United States, this might result in anarchy; it is, however, a 
 safe provision, in vicAv of the fact that the United States are in 
 eomplete control, and, nnder the rules of military occnpancy, 
 have the right, and are nnder the duty, of maintaining order. 
 
 At the proper time, and subject to such rules and provisions 
 as the occupant shall, as it has a right to do, prescribe, the peoph> 
 of Cuba can determine Avhat form of government Avill be as- 
 sumed, and it will also proi)erly be within the power of the mili- 
 tary occupant to determine whether the people shall be permitted 
 to govern themselves accordingly or not. 
 
 The advantage of the complete renunciation of Spanish sov- 
 
OUR TKIvA'l •^ W nil Sl'AlN. 13 
 
 (•r(>ii;iil V. wii liout the saiiir liciiii: tiuidc in f;i\ or ot ;iiiv |t;irticular 
 ^("veninieiit, will bt'come verv apparent when any attempt shall 
 lie iiindc liy li(il(i(M's of Spanisli obligations of any nature, to 
 «-li;iri:f iluiii ii[)(iii the territory of ( "uha, or ai;aiii-t any power 
 :^ii\fi'iiiiii;- the same. 
 
 A'o ohlii;ation of any kind can be created against a govern- 
 nu-nt wliiidi is entirely new, and whitdi eonid not possibly be 
 rliarged with any indebtedness, on aeeount of its non-existence 
 wlim the iiidcbhMhicss was incni'i-cd, and without any foi'niul as- 
 -nniption tlieret.d' on its part. 
 
 The Kvacudiiou of Cuha by ISpanisli forces was ])ro\ided fur in 
 the Protocol of Anuust 1 1^ (See Appendix); under which a 
 -pecial ( 'onmiissioii. consisting of Major-CJenerals Wade, 
 a lit I Duth-r, and Admiral Sampson, with Mr. Cliarles 
 W. (iould of Xew York City as counsel, has been in 
 Cuba since September, 1898, attending to the evacuation by the 
 Spanish forces. 
 
 As rapidly as the Spanish forces leave the Islaiid and territory 
 is evacuated, the United States forces take possession and the 
 military rule extends over the additional territory. 
 
 77/(' ()hli</afion,s which arc inrpuf<ed under J iiternalioiial Law 
 iiv rhe fact of o<;cupation, and which are assumed by the United 
 States, grow out of the right of conquest of territory by sovereign 
 nations as the result of wai": the rules of occu]iancv have been 
 well established both by International Law ami the rules 
 sy»ecially adopted by the United States. 
 
 On the capture of Santiago, the President issued a proclama- 
 lion relating to the government of the territory conquered and 
 occui>ied (See Ai)])endix hereto), and l»y a subsequent proclama- 
 tions, the same i ule> liavc been extended to all the other occupied 
 territory, as the same is evacuated by the Spanish troops, or the 
 lines of the United States forces are extended. 
 
 Apai't from these i)articular rules. General Order No. 100, A, 
 (;. ().. l>t)o, prepared during tlu' Civil War by General Francis 
 Lieber, and revised bv a Board of Officers of the United States 
 
14 OUE TEEATY WITH SPAIN. 
 
 Army, provides generally for rules in regard to occupancy of 
 conquered territory by the military forces of the United States. 
 
 The general rules of occupancy under International Law are 
 well expressed by Major George B. Davis, formerly Judge 
 Advocate U. S. A., in his "Outlines of International Law," (N. 
 Y., 1887. See Sees. 37-38); in the same volume will be found as 
 appendices General Order No. 100, as well as the proposed 
 rules for the law of war on land (largely devoted to rules as to oc- 
 cupied territory) which were recommended for adoption by the 
 Institute of International Law at the session in Oxford, Septem- 
 ber, 1880, and which were largely based on our own regulations. 
 
 Snow's "Cases on International Law" (Boston, 1893, pp. 
 64-385) contains reference to a number of cases on the subject 
 of occupation, and the rights and duties of the occupant, and of 
 the inhabitants; the same volume also contains as an appendix at 
 page 532, the Instructions for United States Armies, and the 
 proposed Code of the Institute of International Law; also refer- 
 ences to the subject of Military Occupation and the general char- 
 acter of the right and jurisdiction of the conqueror in the follow- 
 ing works of International Law: Hall (English), 462-497, in 
 which the whole subject is treated in its various aspects; Halleck 
 (English Edition), Vol. 2, pp. 444-479; Bluntschli, Articles 539- 
 541; Calvo, Sec. 2166-2198; Woolsey, 252; Creasy, 502-516; 
 Walker, 344-346; Phillimore, Vol. 3, 832-840. 
 
 Captain Edwin F. Glenn, Judge Advocate U. S. A., in his 
 ''Hand-Book of International Law'' (St. Paul. Minn., 1895), de- 
 votes Chap. XV, pp. 216-225, to the subject of occupancy. He 
 ^ummarizes some of the rules as follows: 
 
 "When a hostile army possesses a territory of the enemy, 
 to the extent that it exercises actual authority over it, either 
 through force or the acquiescence of the inhabitants, this 
 territory is said to be occupied. The extent of occupied 
 territory is determined by the Hmits over which this author- 
 ity is established and can be exercised. * * * The occu- 
 pant has the right to exercise such control over the occupied 
 territory and its inhabitants as may be required for hift 
 safety and the success of his operations. * * * Construct- 
 
OUll TllEATY W I Til STAIN. 15 
 
 ive occupation implies a liberal interpretation of the term 
 territory, and tliat occupation is complete within the district 
 forming an adiuiiiistrulive unit, .-^u soon an military resist- 
 ance on the part of the organized forces of the state ceases, 
 and notice is posted or given in some other manner at a 
 given place. * ■'■ '^ All laws implyingor importing obe- 
 dience to the original sovereign are suspended. Certain acts 
 not ordinarily punishable ai'e rendered so. Summary punish- 
 ment is authorized for certain acts, and the death penalty is 
 awarded in certain cases^ where the otfense is such as to au- 
 thorize such punishment by the laws and usages of war. 
 
 * * * Occupation authorizes taking and exercising com- 
 plete control of the administration, but the practice is to 
 permit such native olficials as may be deemed desirable to 
 perform their duties under supervision of the military au- 
 thorities, or ofticers appointed by the occupant. * ^ * 
 The civil othcers thus retained can be required to take an 
 oath of obedience of fidelity to the new ruler during the oc- 
 cupation, and for refusing to do so may be expelled. 
 
 * * * The invader should at as early a date as practica- 
 ble inform the inhabitants of the extent of the occupied dis- 
 trict and the extent of the forces he exercises, should take 
 measures to secure public order and tranquility, should nul- 
 lify or alter existing laws as little as practicable, should not 
 commit wanton damage, and should protect public build- 
 ings, works of art, etc." 
 
 In August, 1870, the Crown Prince of Prussia, upon entering 
 I'rance, included the following in his proclamation : 
 
 ''Military jurisdiction is established by this decree. It 
 will be applicable to the entire extent of territory occupied 
 by German troops, to every action tending to endanger the 
 security of those troops, to causing them injury or lending 
 assistance to the enemy. Military jurisdiction will be con- 
 sidered as in force and proclaimed through all the extent of 
 the canton as soon as it is posted in any locality forming a 
 part of it." 
 
 Area of Territory Occupied. — In the triangular contention 
 for the (iwiier^hip and control of Cuba dnriiii:- the ]iasr year, three 
 governmental parties have been interested : Spain, which, acord- 
 ing to every rule of International Law, was the only 
 
16 OUE TREATY WITH SPAIN. 
 
 sovereign nation exercising any control thereover, until 
 the Dechiration of War, the United States, which have 
 acted under the rules of International Law, as inter- 
 veners, and the so-called Cuban Republic, which has been con- 
 ducting an insurrection, but which has never been recognized or 
 accorded belligerent rights by either the United States or the 
 Spanish Government, or in fact by any government which, at the 
 present time, could clothe that organization with the character of 
 a government, possessing any sovereignty, or right of control over 
 any part of the Island of Cuba. 
 
 The United States, having exercised the lawful right of inter- 
 vention, acquired a military occupancy, as against the only 
 recognized sovereign power, first under the Protocol of August 
 12th (See Appendix) temporarily, and now, assuming its ratifica- 
 tion, permanently under the Treaty of Paris. This occupancy, 
 under all of the rules of International Law, as ex- 
 pressed by all the leading writers, including those above cited, also 
 gives them such exclusive military jurisdiction over all tho 
 inhabitants, that any uprising on their part, whether under the 
 leadershii3 of the so-called Cuban Republic, or any organization 
 claiming governmental powers, would be an insurrection as 
 against the United States, and would entitle them to use, under 
 the direction of the President, as Commander-in-Chief, all 
 military and naval power which could be exercised in time of 
 war; any such uprising should not under the rules of Interna- 
 tional Law be recognized by other foreign powers, as war, any 
 more than the United States had the right to recognize belliger- 
 ency on the part of the Cuban insurgents. 
 
 These same remarks will apply, so far as any uprising is con- 
 cerned, to the Fillipinos in the Philippine Islands, so long as that 
 territory continues under military government, i. e., until Con- 
 gress shall legislate in regard thereto. After that, any uprising 
 would be exactly the same as an uprising in Alaska or any other 
 territory of the United States. 
 
 As the sovereignty of Spain extended over the entire Island of 
 Cuba and all of the islands adjacent thereto, so the occupancy of 
 
 I 
 
OUR TREATS Willi SPAIN. 17 
 
 1 lie r iiiicd Stales, liaxiiiii Keen n 'cognized bythefornuTsovcreign, 
 cxtciids co-terminonsly witli the extent of Spain's former sover- 
 eignty to the fullest extent, and the entire Island of Cuba, the 
 Isle (if Pines, and all of the various ''(Jardens of the King," and 
 .\rcliipelau<is lyiiii; adjacent. \n what niiiiht he called in 
 this respect, the mainland, are e(|ualh' brought under the juris- 
 diction of the military power of the United States, to be exercised 
 hy. or through, the President as Commander-in-Chief. 
 
 Tillf Id Ciiha \nl A (<j III red. — TTndei- the ladcr-id" 1 iiteniati(»iial 
 Law no permanent titU' is acquired by militaiy occupation. 
 
 AVhile tliis is generally true, there is still a prescriptive title 
 \vlii(di. after a long period of non-resistance to military occupancy 
 might ripen into actual sovereignty, but it is always subject to an 
 act of reclamation by the original sovereign, and, therefore, it is 
 as ditlicult a tirh' to >ustain under International Law, until ratified 
 by a treaty, as is a title by adverse possession between individuals, 
 until assured by a (]uit claim from the original owner. 
 
 Constitutional questions in tliis respect have arisen heretofore 
 in regard to territory occupied by the United States. 
 
 The Supreme Court has decided that actual ownei'ship of ter- 
 ritory and extension of the boundaries of the United States can 
 not be effected by the President alone in his military capacity as 
 Commander-in-Chief, but mily hy legislative action; but it has. 
 also held that territory occujiied hy conquest is, as to all the 
 world, part of the United States, idthough it exists under a pe- 
 culiar status as to the liiiled Slate- tliem^el\-e<. and n-mains to 
 a cei'tain extent foreign territory. 
 
 In Fleming vs. Page (9 Howard, L . S. Kcports, p. \'A)o), Chief 
 .1 ustice Taney, in defining the relations of Tampico, a Mexican 
 port captured by United States troops, and occupied during the 
 war, but afterward? surrendered to Mexico by the treaty of 
 peace, ill 1 > 1>. say> : 
 
 "]By the laws and usages of nations conquest is a valid 
 title, while the victor maintains the exclusive possession 
 of the con(juered country. The citizens of no other nation, 
 therefore, had a i-ight tr> enter it without the perinission of 
 
IS OUR IKEATY \\VVU SPAIN. 
 
 American authoritiei*, nor U> hold intercourse with its 
 inliabitaiits, nor to trade witli them. As regarded all 
 other nations, it was a part of the United States, and be- 
 longed to them as exclusively as the territory included in 
 our established boundaries. * '' '' While the terri- 
 tory Avas occupied by our troops they were in an enemy's 
 coinitrv, and not in their own; the iiihal)itaiits were still foi*- 
 eigncrs and enemies, and owed to the United States nothing 
 more than the submission and obedience — sometimes called 
 temporary allegiance — which is due from a conquered 
 enemy, when he surrenders to a force which he is unable to 
 resist. But the boundaries of the United States, as they 
 existed when war was declared, were not extended by the 
 conquest; nor could they be regulated by the varying inci- 
 
 ! dents of war and be enlarged or diminished as the armies of 
 
 <*ithei' side advanced or retreated. They remained un- 
 
 ' changed. 
 
 llie President, as Comma nder-in-Chief of the Army, has full 
 power orer flic occupied territory, and this power continues as 
 long as the military occupancy continues, irrespective of w^hether 
 any treaty is signed or not. 
 
 "The President shall be Commander-in-Chief of the Army and 
 Navy of the United States and of the militia of the several 
 States when called into actual service of the United States." 
 (Constitution of the^U. S.. Art. 2, Sec. •2.) The decisions of the 
 Supreme Court relating to ihis sul)iccr have been collated in 
 Black's "Hand Book of Constitutional Law.'* (St. Paul, Minn., 
 IS!),-)), see jin. ll.")-97 and cases cited, as follows: ('. S. vs. /''lias- 
 son. K; Peters. 2i>l; ('. S. vs. F rrcnuni. ."> Il(.war<K T).".!'); The 
 Prize Casrs, '2 Black, fi-'l."); Finn I nil vs. F<i(/r. !• Howard. t)();V. 
 Tofini vs. r. >'., 1 (»."); 'I'hr (inipr Sliof, 1> Wall, B>2; Allen vs. 
 Colh'i/, 47 X. 11., .">14; on page t»7 he says; 
 
 "In virtue of his rank as the hea<l of the forces, he has cer- 
 tain powers and duties M'ith which Congress can not inter- 
 fere. For instances, he may regulate the movements of 
 the Army and the stationing of them at various posts. So 
 also he may direct the movements of the vessels of the 
 navy, sending them wherever in his judgment it is expe- 
 dient. Xeitlicr here, nor in a state of war, is tlu re any nee- 
 
oi i; ri;i;.\i ^ w rni m- ai n. 19 
 
 (•>-;irv coiiHici. The President lui^; n<> pcnvcr t(. dcclaif 
 war. That helougs exclusively to ('ongress. Hut whtMi 
 war liiLs Ihm'11 (Icclarcd, or when it is recc (ionized as actually 
 existing-, then his functions as ( "(tnunandci'-in-Ciiicf bccoini 
 'd' the highest importance, and his operations in thai (diar 
 Meter are entirely l)e\oiid the control ai the leiiislatuic. It 
 is inie ihal ( '<nii:ress sludl ;d<>iie I'aise and sujiport the anii\ 
 ;iiiil |)ri>\i(h' anil iiiaiiilaiii llie iia\\\ and it is ti'ue that the 
 power <d' tunnslnno- or witldioldiniij the necessary means and 
 -npplies ina\ give it an in<lirect intluence on the conduct of 
 (he war. Ihit the supreirie cdmmand lteh)ngs to the Presi- 
 dent ahiiic. Ill rhedi'v. he phins all cam jiaigns, establislu's 
 the lilnckades :ind sieucs, <lirects all niarcdies, fiahts all hat- 
 lle>."" 
 
 It will lie i'eniend)ered that the plenary power with which the 
 President is cdothed as Commander-in-Chief proceeds from a 
 (danse in the ( "otistitution, which was framed by a convention 
 tivei- whitdi (ieorge Wiishiiigton liimscdf preside(|. and he w<dl 
 knew how necessary it was that the Commander-in-Chief of the 
 Army should not be hampered by any restrictions whatsoever. 
 
 I'litil ('oiniri'Ks (icfs, Uiv mere t'.verulion and rati ftcitf loii uj 
 peace does not in any way interrupt the military government. 
 That continues until Congress assumes jurisdiction and control 
 by extending the laws of the United States over conquered or oc- 
 i'U]>ied territory. 
 
 This point was settled by the Supreme Court in the case of 
 I'mss \s. Hiirrisoii IC Howard. Idl), ;ind on this (juestion the 
 ( ourt says: 
 
 "The 1'oi-niation of the civil governuHMit in ("alitornia, 
 when it was done, was the lawful exercise of a itelligerenf 
 right over a con(iuered territory. It was the existing gov- 
 einnieiit when the territ(.ry was ceiled to the I'nited States, 
 as a contpiest, and di<l not cease as a matter <d' course, or as a 
 consequence of the restoration of peace; it was rightfully 
 continued after peace was made with Mexico until Congress 
 legislated otherwise, under its Constitutional power to dis- 
 pose of and make all needful rules and regulations respect- 
 ing the territory or other property belonging to the United 
 States. 
 
20 OUE TEEATY WITH SPAIN. 
 
 "Tlie tonnage duties and duties upon foreign goods im- 
 ported into San Francisco were legally demanded and law- 
 fully collected by the civil governor, whilst war continued, 
 and afterwards, from the ratification of the treaty of peace 
 until the revenue system of the United States was put into 
 practical operation in California under the acts of Congress 
 passed for that purposes." 
 
 OhUgations Imposed by Internutional Law. — International 
 law not only confers the right of military government, but also 
 imposes the obligation of maintaining order upon the occupant 
 of territory conquered or ceded as a result of war. 
 
 In this respect Hall says (Sec. 160): 
 
 "Though the fact of occupation imposes no duties upon 
 the inhabitants of the occupied territory, the invader him- 
 self is not left equally free As it is a consequence of his 
 own acts that the regular government of the country is sus- 
 pended, he is bound to take whatever means are required for 
 the security of public order; and as his presence, so long as it 
 is based upon occupation, is confessedly temporary, and his 
 rights of control spring only from the necessity of the case, 
 he is also bound, over and above the limitations before stated, 
 to alter or override the existing laws as little as possible, 
 whether he is acting in his own or the general interest. As 
 moreover his rights belong to him only that he may 
 bring the war to a successful issue, it is his duty not to <\o 
 acts which injure individuals, without facilitating his opera- 
 tions, or putting a stress upon his antagonists. Thus, 
 th(jugh he may make use of or destroy both pub- 
 lic and private property for any object connected with the 
 war, he must not commit wanton damage, and he is even 
 bound to protect public buildings, works of art, libraries 
 and museums." 
 In regard to this, see also Art. 39 of General Order No. 100, 
 1863; Project of the Declaration of Brussels, Art. 5; Man- 
 ual of the Institute of International Law, Art. 42-49; Bluntschli, 
 Sec. 647. 
 
 Beyond these obligations to maintain law and order, as any civ- 
 ilized government ought to do, there does not seem to be any ob- 
 ligation imposed by International Law upon the occupant of ter- 
 ritory. 
 
on; lUivvr^ wnii si'aix. 21 
 
 W w\\ iIk' nlilinjiiiniis tliii> iiiiiKKcl. the coiTclalivc iirant of 
 jM.uci' is iinplicd, and iiiidcr all the rules, the invader and occii- 
 pam lias the ri<.'lit to impose contributions and requisitions if nec- 
 (■->aiv, (ir t«i raise funds bv the preferable course, which has been 
 pursncd in the present instance (see Appendix), of h'vving duties 
 « ujHin imports and exports, the proceeds of whidi bclonu' to the 
 iii\ a<ler for the pnvjiose of maintaining his army, and hiw and or- 
 der thereby. This nde luis been settled by the Supreme Court in 
 ihe cases of l-'/cuniii/ \s. /''/^/r, !t jlnwai-d. CO:). and ( ' ross vs. 
 //(ii-i-isoii. 1<I H'lward. 1 (»4, above referreil to. 
 
 ARTICLE II. 
 Spain cedes to tlie United. States the Ixlaiid of J'orto Pdco and 
 the other islands now under her soverei</)di/ in tJic Wcxf Indies, and 
 the isle of Guam, in the archipelago of thr Marianas or Lndronex. 
 
 /'(irlo Biro. ei- as it i-- also spelt, Puerto Rico, is an island in the 
 West Indies, which ranks in size as the foiu'th of the Crreater An- 
 tilles, but which takes the first place for density of population and 
 general prosperity, as stated by Reclus in his Univei'sal Geogra- 
 ])hy (English Edition, \'olnnie 1 7. j^age 423). The population in 
 iKi.") was somewhat less than i:),()(H). Tn 1S<»1, it (Exceeded 820,- 
 
 It is los miles Inuii', .'!7 broail. has an area of ,'5, 530 square 
 udles (about three times the size of J>ong Island). The Island 
 was discovered by CoUnnbus in 1493, and was concpiered by the 
 Spaniards under i'once de l.eon 1509-18. hiii-iiijz this period 
 nearly the whole native ])opulation was exterminated. It has 
 >ince been held by Spain. Slavery was al)oIished in 1^7:5. (dohn- 
 >on's Encyclopedia. ) 
 
 Tiie Isle of (luam, in the archi]ielago nf the Mariana^ oi- Ea- 
 drones, is the largest island in a group of 17 islands, which 
 stretches north and south in the Pacific Ocean for a total distance 
 of GOO miles. The land area of the entire group is somew hat over 
 500 square miles. There is an annual postal service with ^Manila, 
 l^opulation in ls75 was estimated at 9,000 for the entire archi- 
 pelago, of which about 7,500 were supposed to be in (luam. 
 
 / 
 
•22 oriJ TIJEAT^' WITH SPAIN. 
 
 Tlicsc islands were the tirsr Pacific Orcaii urtui]! wliicli Maucl- 
 laii met in l."):!! on iiis v-ovaiic Jiroiind the woi'ld. rcii days af- 
 tcr he sighted tlieni he reached the Phili]t])iTies and <lied. 
 
 TIh'v were Hi'st calh'd Ladrones, which, being' transhited, 
 means "i-<)l)hers."' They wei'c sul)se(iuently named in ir>(i-l Mari- 
 ana, after the Anstrian wife of Piiili}) 11. They are about 1,200 
 mih's this side of the Philippines. They have l)ee)i held by Spain 
 e\-er since tlieii' discovei'V by Maucllan. and their subseipient (tc- 
 cupation, ill l.MU. at the same time when the Philippines were 
 occn])ie<l. 
 
 The evacuation of Poi'to Pico w;h ])ro\-ide(| for liy the pidtocol 
 of August 12th (see a|)])endix): a special ( 'onnnissioii. consisting 
 (.f Ma jor-( icneral John P. Prooke. Pear Admiral W. S. Schley 
 v.wA l'rigadici'-('eui'i-al \V. \V. (I'.rddu, c(riiduct('(! the proceed- 
 ings; the e\-acuation was completeil l)y tiie (h'paiMui'e <d the S])an- 
 ish aniiv, and the ti'ansfer of jxissessiinis (d' the Tinted States was 
 ( videiiced bv the raising of the stars and stripes October ISth. 
 since whicii 'ime the island has been uiuh'!- the coiii])lere militarx' 
 control of this ( bi\-ernnient. 
 
 Ri(/lit of One S()i-rr('i(/n I'oirrr In Crdf I'crrilori/ lu Anofhri 
 Siirnci(ii) I'oirrr. — Tliis I'ight i.- discii--s(-d in Hall's In'erna- 
 lional i.aw. Section H. pa<;cs 47-:.(). He <lc lines it as bdlows 
 (p. 47): 
 
 "The rights (if a state with respect to ]n-operty con-^ist <d' 
 
 the right to acipiire territory, in being entitled to jn-aceable 
 
 ])Ovssessioii and enjoyment of that which it has duly obtaineil, 
 
 and ill the fac*dty of using its pi-operty as it (diooses and 
 
 alienating it at wiil. "■■ •■ •■ The principle that the wishes 
 
 of the population are to be consulted when the territory 
 
 which tliev inhabit is ce(|((K has not yet been a<lo])ted into 
 
 International Law, and can not be adopted into it until title 
 
 by couipu^st has disa])peare<1."' 
 
 lie cites the cessions of Savoy to Ki'ance. the Ionian Islands 
 
 to (ireece, Venetia to Italy, and otliei- Kuro])ean cessions, and 
 
 further says (p. 41>): 
 
 "States being the sole international nnits, the inhabitants 
 of a ceded territorv, wluMlier acting as an organized body or 
 
on; 'ri!i:.\ r^ \vi rii si-aix. o.'j 
 
 as an mi<>ru;iiii/,c<| iiia>> of iii(li\i(luals, \\n\v u>> iiioi'c |,)u\v(M' 
 !<• «-niirinM or reject tlw action of their state than is possessed 
 hy a sinjilc individual. An act, on tlic other hand, done by 
 the stiiti a- a w liolc i-. I.y tlir \cr\ coMcc|it ion of a <tate, 
 hindiiiii inmn all the nienihei-s of" it." 
 I he tollowinii is a citation from an eminent anthoi-itv: 
 
 "1 need not dut-ll u|>on the rifiht to transfer territt»ry, or 
 in other words, to put an end tti all dominion over them, for 
 ac'iiiisifioii on the part of one nation iinplie- fraii>fer, or end 
 of doniiiiioii. li\- anothei-."" John Xofton Poiiieroy'- Lec- 
 t\ires on International Law. I'',<lilc(| liv Tlieo. S. W'oidsey, 
 Hoston, Ins*;, p. 198. 
 
 Ill IlalleckV International Law. San l^ranci-co Ldition. l^t'tj. 
 at jtauc 1 L^"). the rule is stated: 
 
 "A state heinii' reiianh'd in oui" law as a body |)olitic or 
 'listiiict nior;d l>eini>, naturally sovereign and independent, 
 it is considered cajiahle <»f the same rights, duties atul obli- 
 gations with res]H'ct to other states as individuals witii re- 
 s])(H*t to other individuals, .\mong the most important of 
 these natural riahts, is that of at'ipiiring, possessing, and en- 
 joving propertv. '" " '■•■ A sovereigii has the same ab- 
 solute right to dispo.sc of its tei-ritorial, oi- rather j)nlilic, 
 property, as it has to actpiire sutdi |)roperty." 
 Ilallei'k thinks that in some cases the consent of the governed 
 is necessary before the transfer of allegiance can fake ]dace. but 
 he shows, however, that there are numerous examples of treaties 
 of sale, and cite> a numbei' of them on page- 1l'> and I .?'.•. ami 
 states that in some instance territories ha\'e e\iii been inofTi^aged, 
 an<l bought in thereafter, and that furthei'moic. ii lia> been the 
 custom "to dispose of -oxcreigntio and ilominion- by dee<|> of 
 gift ami by be(piesr>." 
 
 The IIkjIiI oj the ( iiilrd Shi/rs In .\c<iinn' Trrnhn i/ has b(>eu 
 the stdiject of a vast amount of debate in ( 'ongre>s and in the pa- 
 pei>. There are some who deny the right, but it i~ ditticnit to 
 concei\c on what authority. The Supreme ( 'onri ha- decided 
 that the lulled Shiies is <i iidftoii, and as su(di lia- all the riuhts 
 ot xivereignty that every othei- sovereign nation ha-, and can 
 exercise tlu^m just as broailly, including the right of ac(pii<irion 
 of teri'itorv. 
 
24 OUE TREATY WITH SPAIN. 
 
 Senator O. IT. Piatt, of Connecticut, delivered an able address 
 on this subject in the Senate, December 19th, 1898, and referred 
 toniost of the authorities. (Cong. Record, p. 321, et seq.) In this 
 respect he quoted from Judge Gray's opinion in one of the 
 Chinese Exclusion Cases, 149 U. S., 711, as follows: 
 
 "The United States are a sovereign and independent na- 
 tion, and are vested by the Constitution with the entire con- 
 trol of international relations and with all the powers of 
 government necessary to maintain that control and to make 
 it effective. The only government of this country, which 
 other nations recognize or treat with, is the Government of 
 the Union, and the only American flag that is known 
 throughout the world is the flag of tlie United States." 
 
 The Senator then continued : 
 
 "The doctrine was denied by Hayne. It was tri- 
 umphantly asserted by AVebster in his great de- 
 bate, in which he tirst made it plain to the American 
 people that the United States lacked no element of nation- 
 ality. It was denied in the nullification acts. It was tri- 
 umphantly asserted by Jackson, when he threatened to hang 
 the originator of the acts, and so cowed the incipient rebellion. 
 It was denied in the ordinances of secession ; but it was again 
 gloriously asserted by Abraham Lincoln, when he issued his 
 call for 75,000 volunteer troops to preserve the Union, and 
 the people gloriously responded. It has been written in the 
 books. It has been written in the published utterances of 
 statesmen from the time when the people of the States made 
 our Constitution down to the present time. 
 
 "But, Mr. President, it hasbeen otherwise written. It has 
 ! been written in the blood which deluged the battlefields of 
 
 the Civil War for four long years. It has been written with 
 the sword upon the lieai't of every true American citizen. 
 It has been written on the mourning weeds of the widows 
 who lost husbands, of the mothers who lost children, of the 
 children who lost fathers. It is too late to deny it, Mr. Pres- 
 ident; it is time to believe in it Avith a living, saving faith, 
 from which all doubt is eradicated.'' 
 As to right of acquisition and the right to govern territory 
 wlien acquired, see also: Pomeroy's Cou-^titntion, 40-1-498, Jones 
 vs. U. S., (the Xanissa Islands ease) i:{7, U. S., pp. 20:?-212; 
 
OUR TREA'l ^' WITH SI'AIX. -JS 
 
 ■histicc Millci'V Lcfiui-o mi tlic ( 'Mii-.t it iitimi. :;;., ;;•;. :,:,, :>'[ : 
 
 ■ hi-ticc ( 'ui'ti>" OpiiiidiM Prr,! >',■■/// cis,' \, 1 '.i I iMwnnl. c, 1 :m; 1 |. 
 
 IIm'SC (MX'S ;iii(1 (i])illinli^ ;irc :l 1 1 lill-cii |||ii>ll the l»rn;|i| (Icchini 
 
 iii'M iii;ii!c liv ill.' ('liiit' .Iii-iicc .M;ii'~|i;ill, ill lNi.'4. in 
 .\iiiirii(iiilns.('(i.ys.('(ni/rr: \ I N'tcr-, .^ 1 1 . 1 1. ."i 1 1' : "'I'lic ( 'uii- 
 stiturioii ciint'crs jibsolutclv oii tlic ( iovcriiiiiciit of the 
 I'liioii the ])(i\vci' r<i iiiako war and to inako tniatics: consc- 
 (liicntly that _ii't>vorinnont possesses ilie powei- of acMpn'rini: 
 territorv eitlier 1)V ('on(]uest or l»y treal\ ."' 
 
 ( 'fssioiis of 1 crnhiiii Mmlr lo /he (ni/cil Shi/rs. — Tliis is the 
 second cession of iiTrit.ny made l»y Spain to the I'liiteil States, 
 iind, at least the eh'xciiiii ac(|iiisirioii of lerfiroi'v, hv the I'nited. 
 States, increasinu- its ofi^inal area of h---. than a million scpiarc 
 miles to its present maiiiiificent domain three times as laru'e in 
 area and over fifteen times as great in iiopnhiiion : the first 
 cession made hy Spain Avas in l>lli iimlcr I lie Adams- 
 de Onis Treaty, hy \\hi(di Spain eech'.! Florida to the 
 United States, in con-idi ration of $5,000,000, whicdi was the li- 
 'pii<lated ainoimt <d' the eiaim- owed hy Spain t<i citizens of tlu? 
 I nited State.- for depreihilion-. upon oiii- (•ommcrce and in tervi- 
 lory adjoining" Florida. 
 
 yiir United Sidles Ikis .\t(/iiir('<l Tcrrilory as Folloirs: By 
 the 'I'reaty of Teace with 'ireat Britain after tlie Kevohitionary 
 A\'ai\ when the original honndaries of the United Stated were 
 fixed, and (ireai llritain renonnced all jurisdiction over the ter- 
 ritory therein, whieh imdude.l not only the thirteen original 
 States themsehc-, hiil aUo what was aftei'wards known a- the 
 Xorthwest Territoiy ; the original territory extendeij fi-oni 
 what is jiow ('anaila on the noi'th — the lioiin.jary line hetweeii 
 "which and tiie I'nited States has lieen fixed by several snbsecitient 
 treaties and arliiiiaiions — to the northerly line of Florida on the 
 south; from the .\ilantie on the east, to the Mississippi on the 
 Avest, contaii.ing ahont eight Inindrcd and iwcntv-ti\c thou-and 
 .square miles. (U S. Treaty, \'ol.. p. '■)''>.) 
 
 The acquisition (d" territory since that time have heeii: 
 
 (1.) 7yO(//x(^//;r/, consistinii. imdndinu ()rei:'on. the di<eoverv 
 
26 OUR IREATY WITH SPAIN. 
 
 i'lid iiccii|i;iri(iii (if wliicli '^rcw oiit of this ;K'(|uisiti(in, nf n\-('r a I 
 iiiillinii .M|ii;ir(' iiiil( s. (•(■(led l)v Frjiiicc to the I'liircil States under 
 treaty .if April MO, ISO;;, catitied Octoher lM . iSO:;. hy wliiidi , 
 I'l-aiK'c, inidef Xa])(ile(iii I Idiiapaite a^ I'iist ('(Hisiil. lln-oujih | 
 llarbe Mavlxiis, ecded the territorv for CO, 000, 000 fiaiio. and 
 llie relim|iiisliiiieiii of tdaiiiis aiiioniitiiiLi to l'0,000.00() francs, 
 (l'. S. Ti-c^aty, X'oluiiie '■)•]] -'''>4^-2). AVell did Mr. laviuffstoii cx- 
 (daiiii to ]\Ii'. .Moiii'oe, as they arose from siuiiini:' the treaty: "Wo 
 jiave h've(! h>iiu', l)iit this is tlie iioldest woi'k of our li\-es."' 
 
 i'2.) Florida, cousistiuu' (d' about sixty thousand s(niare uiilcs, 
 iukKm- the treaty with Spain in isl'J, aho\'e i'(derred to il . S. 
 J'reaty, \'(dunie, p. 1 01 •> ). 
 
 {'■).) Or<'(/()ii and ad j<miinii- ferritorv was acijuired by the 
 United States uiKh'i' the acneral lade^ of diseovery an(] 
 (iCcnpancN-, liase(i u])on the diseo\'ery of ihe month of 
 the Cohimliia I\i\ci- hy ('aptaiii (iray, master of the 
 ii'ocjd slii]> ("ohnnbia, viiterina,- from tlie l^aeifie in l7t*7; by 
 Lewis and ( 'hirk as; explorers in an expedition fitted by the ; 
 Tnited States proeeedinu' from the east al)ont 1.S04; and by 
 the erection of the fnrrinii' post by John .lacoh Astor at Astoria 
 in 1^1 1. The titk' to Oreo-on was snbsequently confirmed by 
 treaty with S])ain in iNl!*, so fai' as the northerly h'ne of the 
 Spanish possessions was coneerncMh not howevei- in the miture of 
 cession, bnt only of cpiit (daim. (W S. Ti'eaty, \\>hime. p. 101 (i.) 
 The ai'ca of territory iiortii <if ('aiiforina and east of the Ho(d<ie^ 
 i> about tliree hnn(h'e(l and fifty thousand scjnare miles. 
 
 (-1.) 'Texas, with an area of over a (piarter of a million .squar" 
 iinles, in IST"), by joint resolntion, ado])ted by hotli Honses of 
 Conoress, after a proposed treaty had failed, was admitted as ., 
 State, the legislatnre of the Reind)lic of Texas havina' acc!'pte(l 
 the t< rms and conditions contained m a joint resolution adopteil 
 by Congress. ( Foi- resolution and proclamation see U. S. 
 Statutes at Large for bs4.^).) 
 
 ( r>. ) ('alifonild, ( 'olonulo^X crddn, I ' lull . \<-ir .]J cxico,-dnd\)AV\- 
 .d" Arizona and other States, ovei' Hve hundred th<msaiid square 
 miles in all. were aiMiuired nn(h'r the Treaty (d' ( InadahuqH'- 
 
on; ri;i; \i'^ w rni sp \i\. 27 
 
 lli<l.ll,-:o willl Mcxicn ill 1>|.S.;|I llic IcflllillJlliMli ,,r ih,. .\|,.\ic;||l 
 
 W :ir, iiiicl in (•(,ii>i(|(i;it ion i.f $ I :),(l(M)JM)(» pjii.I t.. Mcxicn iimlcr 
 -•«iiiic\\li;il ^iiiiihii- circiiiii-t;iiicc> ;is llic $iM).( l( )(».()(»( I i^ \,, \h- |i;iii| 
 '<' S|i;iill llli.lcl' llic |i|-(-clit ll'c;i!\. {['. S. Tl'c;il\. \'nliillic. |i. 
 
 (Ci.) //(,i^i Slidi Ikccf III Litl,-c l'',rii. \\;i- ceiled In I he riiile(| 
 St;ite> l.v (ireiil llrit;iiii in |.s."»(l, witlimil ;inv ;icni;il cnn>i<ler;i 
 linii. ImiI uniler iiui'i'fiiifiit tli;it llie I'nitcd St;ilcs would erect aini 
 iiijiiiiinin a lii;lit-li(»use tlierenn. (!'. S. 'I'l'eatv. X'nlunie, p. M4.) 
 I I.) I lir .\iirnssii l<hni>/s, near llavti, and tlie ntliei- (iinnin 
 />liiii(/s in tlie I'aciHc ()ceaii, lia\'e heeii taken and nccu|)ied li\ 
 tlie 1 luted State- liv discnvei'v in pursuance nf statutes nf' the 
 I'idteil Slates made in feaaid tlieretn (('. S. lievi^c-d Statutes. 
 Sec>. .^TTo-.'iTT^ ) ; 77/'' Midifni/ /•<l'iii(ls. situatecl in the PaciH<' 
 ( )ceaii, ahnii! halt wav hetweeii llawaii ami .Ia|iaii. were di<c<)\- 
 ' i-e<l |)v citi/eii<. and al'tei'\vaf(|> fnrmallv ni'cu]iie(l in l^fiT livtlie 
 na\al tnrce> i>\' the I'liitecl Sta1e^ undef the directinii nf Secre- 
 tary (iidenn Wello. (See Seiiatnr Piatt's S|)ee(di. Senate. I )e- 
 cendier 1!>. Lull's. ( 'nni:ress. Kec.. |). MlT.. ) 
 
 (S.I I'li'rl (if Anzoiiii (iiiil .\ '■//• Me. 11(11. cmisistim: >>\' nearly 
 .'ifty ilinu~aiid -(piai'e iinles. were ac(piii'ed under treaty neu'n 
 I iat.e<l \)\ ,lame> ( iadsdeii in 1 ^.'i.'!, ami t'nr \\hi(di the -uni <>\ $!'>,- 
 (MKI.OIKt \va> pai<l tn Mcxicn. (1". S. Treaty N'nliune. p. C.'.t-I-.) 
 
 !'.».) .1/'/-/.'/. ill IstiT. Iiecanie Tniled State.- territory l»y a 
 treatv neactiateil heiwcen William II. Seward, as Secretary nf 
 State, ami Mdward Stnekel, IJu — ian .\ ml)as>a<lnr tn the I'nitod 
 States, and wliicdi cnrivi'ved tn this (inveruinent all <d the lius- 
 sian l*(tssessiniis in Aiuerica, cnusistiui;- of nv( r half a million 
 >»piare miles, and tn which the name <d .\la>ka has since heen ap 
 
 plie(l. fni- ,$7.i'<M»,()(»(i. d". S. Treaty. N'nluuie. p. :•:;:•., 
 
 iH'. I l/inrnii was aiiiU'Xi'd hy a joint re-nlutinii adnpted \\v 
 the { 'niiiiro- lA' the I'liited States, and a|)prn\-ed .lul\ 7, !>:»>. 
 the tei'ms nf wliitdi were acce|Ked l.y the Iciiislative Imdv <>\ Ha- 
 waii shortly thereafter, and hy whicdi joint acti<.n, a'l <>( the is- 
 lands foi-niinu the sovereiitnty of llawaii. and whiidi were forni- 
 '■rly known as the Sandwi(di Islands, hecanie a part of the lerri- 
 
28 OUR TREATY WITH SPAIN. 
 
 tory. but not as a State, of the United States, and subject to the 
 terms of the joint resolution. (Public Resolution, H. R. ^o. 
 51, July 7, 189S. ) 
 
 (See the last map of the United States, published by the Gov- 
 ernment, for most of these additions of territory, showing their 
 area and g-eographieal locations.) 
 
 ARTICLE III. 
 
 Spain cedes to the United St(dfs tlic archipelago hiown as the 
 Philippine Islands, which comprise the islands situated between the 
 following lines: A line which runs ivest to east vear the twentidh 
 j)arallel of north latitude, across the centre of the navigable canal 
 of Bachi,jrom the 118th to the 127th degrees of longitude east of 
 Greenwich ; from here to the ividth of the 127th degree of longitude 
 east to parallel 4. degrees 4.0 seconds of north kditude ; from here 
 follounng the parallel of north latitude 4 degrees 40 secfnids to its 
 intersection with the meridian of longitude, 119 degr(('so'o seconds 
 east from Greenwich ; from here follcjwing the meridian of 119 
 degrees 00 seco}tds east to the parallel ef latitude 7 degrees 40 sec- 
 onds nortli : fnmi here following tlie parallel 0/ 7 degrees 4O 
 seconds north lo v'/.s- intersect ion with 116 degrees h ngitude east ; from 
 Jiere along a straight line io the intersection ef the lOtJi parallel 
 of laiitu.de nortli witJi tin 1 ISth meridian aist, and from here fol- 
 lowrne/ the llSth meridian to the point wlwnce began tJiis demar- 
 kation. The United Stcdes shall pay to Spain the sum of $20,000,- 
 000 within three months after tlie iiderchange of tJte ratifimtion of 
 the present treaty. 
 
 The Philippine Islands. — Most of the folloAving data is taken 
 from a book entitled, "Military JSTotes on the Philippines," pub- 
 lished in September, 1898, as Document ^o. 81, of the Military 
 Information Division, by the Advocate General's Office, War 
 Department. 
 
 The islands were discovered by Magellan in 1521; in 1564 the 
 archipelago received its present name, in honor of King Philip 
 11. The group is composed of about 2,000 islands, but many of 
 
OUR T1;K.\I ^ Willi SPAIN. 29 
 
 tlicm iirc Ncrv siii;ill, Jiiid the cxac-t uiiiiiIkm- i< uiikiinw n. Spniii 
 (lid iidt iU'([\iir(' actual ])oss(_'f^si(>ii nf the islands, altliouuli several 
 ('X])e(]iti(^iis were made, until ]r)«i4; in ir)S| tlie city nf Manila 
 v.as founded. The Portuguese, Dntcdi and ( liinese lia\-e, ilnrin^- 
 tlie past three centuries, all made efforts to displace the Spaniards 
 and occupy these islands, l)ut they have all failed to do so. In 
 ITCd', the -anie year in \vhi(di lla\-an:i was taken liy Lord .\N 
 beniar]<-. .Manila was also taken hy the Knali^ii and held for a ran- 
 som of a million jiounds sterliny,-, which a])|H'ars, however, t<> 
 have been remitted, and the islands were subsequently returned 
 to Spain. 
 
 The area covered by the archipelago is definitely describe" 1 in 
 the treaty, so far as latitude and longitude is concerned, but it is 
 somewhat differently described in the Military Xotes. 'J'he 
 treaty descri]iti(pn. however, will control, to the extent (if Spain's 
 ^overeignty thereover. 
 
 Accoi'ding to the inaji in the Mililai'v Xot("^, the aridupdagu 
 exteiitls about 1,(M>() miles iKirtli anil -(lutli. ami (KHi mile^ east 
 and west. 
 
 The largest, island is Luzon, upon which the city of ^lanila is 
 located, and which has an area of 41,000 square miles (about 
 :?,000 s(|uare miles les'^ than < 'idta. and alioiit iMpial in area to the 
 State of \'irginia.) 
 
 ^lindaneo, next in size, covers about ;>?, .')()(» sipiare nnles. 
 Tlie ti\c next in size have an area of over 10,00() scpiare miles 
 each. The total estimated area is somewhat nver 1 1 l.<»(i(i s<|uare 
 nnles, about equal to the area of Arizona. 
 
 On page 20 it is stated that the Spanish statistics are n.»r(.r- 
 inusly unreliable, and no accurate census has ever been taken, 
 l.nt that the ]K)pulation is estimated at about 8.000,000, of which 
 the bulk is of Malay origin. Probably there are not more than 
 ]r),000 oi' 20,000 people of pure Spanish l)lood on the inland, the 
 majority of these being at !^^anila. 
 
 It has also been stated that there are <>ver l.()0(i,0(i(i natives, 
 who have ( 'hinese blood in thrm. and over 100. 000 ( 'hinese 
 in Manila, whitdi has a tntal ]•<,]. niation '>i' 100,000; ]ir<)bal)ly 
 
30 Ol'i; TKEATY WITH S1'A1>,. 
 
 oiH'-lialf (if tilt' entire |i(>])nl:itieii nf tlie ni'cliipelaiio li\'e eti tlie 
 islaii<l of l>u/.()ii. 
 
 On paiic i'r>, it i> -tate<l tliat tlie total imports in Is'h; were 
 .$l(>.<i81,2r.(), and the exports were $i>(),l 75,000, anrl the pnl.lie 
 rexcnne \va- ahont -$1 2,0(»0,(HM) of which the lari>(M- part i< i-ai'^ed 
 from (lireet taxation, customs, nion<ipolies and lotteries. 
 
 $.J(/,<)I)(IJ)()()[ as to the amount to he ]iaid h_v the Tnited 
 States, see notes under Art. X \\, post. 
 
 ARTICLE n\ 
 
 Tlie United States slmlt, (hiriiu/ fhe term of ten jjcarx. coirnflnr/ 
 
 fro))ithe intercJunq/e oj the ratifications of the treat ij. actnut lo the 
 
 ports of the Pliilij)j)i}ie Islands Spanish ships ami iik rchondise 
 
 'tciiil' r tlir same conditions as tin sJnjis and nict-diand is( oj (he 
 
 U/tittd St(dcs. 
 
 V n ntcijcs oj Sjninish 1 csscis in I'oiis oj ('I'dcd '/'cri'i Ion/. — 
 'Fliis is not an unusual clause in cession ti'eaties. The husiness in- 
 terests of fh'- iidiahitants, who have, of coni'se, had conn(^ctions 
 extending oxci- loiio- ])erio(U with })eu})le in their honie countrv, 
 demand that those connections should not he too speedily termi- 
 !iated. and certainly such a (dause not oidy heiielits the citizens 
 of the cedini;' ( iovei'ument, but also inures to the benefit 
 <d the new owner, by preventin«i those mercantile colla])ses, 
 which are so apt to follow interruption of louu-established <'oui- 
 mercial associations. 
 
 By the Louisiana treaty with I'rance ( T. S. 'i'reaty. N'oliune, 
 ])au(' ;>o8) sj)ecial privileges were extended to the vessels of 
 France and S])aiu, or any of their colonies, ]>uttina' tliem upon 
 an equal footing with vessels of the Tnited States for the term of 
 twelve years, commencing three months aftei- the exchange of 
 1 atitications, the treaty also ex]>ressly ])r(i\idiug that such privi- 
 leges should not be given to any other nation. 
 
 In the n-eaty with Spain of 1819 (U. S. Treaty, Volume,]). l(»iM > 
 the I'nited States agreed "that Spanish vessels coming laden onlv 
 with provisions of Spanish growth or manufacture directly 
 from the ])orta of Spain, or of her colonies, shall be admitted, 
 for the term of twelve years to the ports of Pensacola and 
 St. Augustine, without paying other or higherclutiesoii their 
 
oil; 'I'l;!; \ r> w iiii si- \i.\. 
 
 :!i 
 
 cariiMc-. <>]■<>] iniiiumc, 1 1 Kill will l>c |i;ii(| li\ i he \ (■»(•!>,,(■ t h,. 
 I'liilcd St;it(-. 1 ) Ill-ill i: the <;iiiic Icriii iii> (.tlicr ii;ilinii >|i;ill 
 ciiiiiy the sniiic |>i'i\ilciics within the ceded lerritiirie.-. 'I'lie 
 Iweh'e ve;irs <li;ill cuiiiineliee three iiKHlth- ;irie|- the ex- 
 eli;iiii:e (if the r;it i ticii t i( m of tiiis trcMtN'."' 
 
 Ill file ir-iiiv with Kii — iji nf 1 >i' 1 {{'. S. Tre.-itx. N'.iliiine. 
 ]i;ii:(' il'5:i) which tixed the -initheni liouinhiry <>{ wluil ;i l'terw;ird> 
 hecjiiiie Al;isk;i. it was "ii nderstoed that duriiii; a tei'iii of ten 
 yeaiv, c'luntiiiii treiii the siuiiat iiri' of the ceii vent itui. th<' 
 ships (if hotli powers, or which heh)n<i' to their citizens or 
 >nliiect<, respecti\('ly, may reciprocally fi'ctpient without 
 any hindrance whatever, the interior seas, uuHs, harltors and 
 creeks upon the i-(»ast iiientioned in the precediiiii artiide, 
 for the jinr])ose of tisliinii' and trading- with tlie nati\(< of 
 the land." 
 
 MrricLi: v. 
 
 Tin I ii'lhd Slilhs^ On fin s'kj ii i iKJ n( I In jn'rxtilt iiUQllj, sinlll 
 f I'd n--<ii'irt In Sjtain <it llnir cnsi /lit Spmnsli snldnrs nlinni llir 
 Anni'iciiit J()i'f(s nniih pi'i-^oni r-'< nj ncii'H'Inn Mnniln n'ds <iij)lnri<l. 
 Tin nrnix nf flnsr t^nhlnr^ sinill lit r(fiirn<il In llnni. Sjxiiii. an 
 ilir i nl'. I'clnnn/i nl fin ml liicnl nni nt lln jti'tsfnt Innlij, sinill ni'n- 
 r. I In ( t'dcnnU lln I'll 1 1 1 jiji'nn f.sl(inil-'<. ns nlsn (linini. nn cnndi- 
 linii^ si in i In r In llinsi ni/nn/ In In/tin mm in issnnis iniincd hi coih'i rl 
 III- ( ructnil inn nl I'nrln linn ami lln nflnr islninls in lln ]\tstiiii 
 Aniilles, (ircn-din;/ In lln jn-nlncnl nf Ani/n.-l I .' , IS'JS, nliidi sinill 
 mnliiinf in Inrc niifil ils linn's linrilieniii/iniih/ili/rnnijilndniln. 
 Tin I' rill nitliin nhiidi tin < rncnidinn nf lln I'll ili/ipim fslninls 
 iiinl (Innrn slmll In i-nm jih h d sliii/l III ll.nd Inj hnlii i/nit rnnn ids. 
 Sii'iin sinill nlninlln tlm/s n iid sliinds of cnlnrs nj lln nn rshijis nnf 
 cn.jitnrrd, Snnill nrnis. rnnmnix nf nil i-iilil>cr-'<, "dli lln ir cnrrKtgi.^ 
 nnd acnssnrio', jiondi rs, ninniliinn<. ndflr. nniltrnil and tlJtH.snJ 
 till l-inds Ik Inngiin/ In tin iinniis nf lln s>ii and hind nJ Sjkiiii in 
 fin Pliiliniii in s iiiid (Inniii. Tin jiiriisnj Iniiii/ cnlihrr irlindi 
 (ir< mil liild nrlilh ni nniunhd in fnrfijiriilinn.'i (Hid nil fin i-mists, 
 sliiill rtnniin in I In i r /ilnn s fnr n jn rind nJ si.r iinnd lis J rnni fin 
 i idi rrinim^r nffin rnf ifinifiniix "/ tin jirixiid fnitfi/. iiiid till I nilid 
 Shilis maij. ihiriin/ Unit /h rind, hni/ from Sjiiiin stud iniihrinl. i\ . 
 Iinlli i/oVi'miltcittx (irrin id n sntisfarfnril iii/n-rnnnf tin noil. 
 
32 OUR TEE AT Y WITH SPAIN. 
 
 Evacuating of the Philippines. — This article provides that thc- 
 details of the evacuation of the Philippines shall be conducted on 
 conditions similar to those already provided for the evacuation of 
 Cuba, and Porto Pico, under the terms of the Protocol of August 
 12, 1898. 
 
 Any question that possibly the Protocol might be construed as a 
 war measure, and lhe temporary or preliminary relations thereby 
 created, terminated with the ratitication of the treaty of peace, is 
 obviated l)v continuing it in force until all of its terms shall have 
 been hiially complied with, even though the treaty shall mean- 
 while be ratified. 
 
 The CVimmission, under A\'hich Porto Rico was to be evacuated, 
 has performed its duties and is now functus officio, but the Com- 
 mission superintending the evacuation of Cuba is still engaged in 
 ])erforming the duties devolving upon its members, and they 
 may not be completed until after the ratitication of the treaty. 
 
 The other ])rovisions of this article relate to the special privi- 
 leges granted to Spain of retaining the uncaptured flags and 
 colors, together with sonu^ of their military and naval su])plies. 
 
 A very sensible provision, however, is made with regard to the 
 heavv arnuunent, as during the next six months it will doitbtles? 
 be possible to agree upon the basis of compensation which will 
 make it both advantageous to the United States to buy, and not 
 worth while for Spain to incur the expense of removing, the 
 heavv articles of or<lnance still remaining on the Islands. 
 
 AliTICLE VI. 
 
 Spain, on signing the present treaty, sliall place at liberty all 
 prisoners of war and all tJwse detained or iniprisoncd for political 
 ofenses in conmpience of the insurrections in Cuhaaudtlie Philip- 
 pines, and of the ivar with the United States. Peciprocally, the 
 l^iited States sliaU phwe at liberty all j^risoners (f war made by 
 the Amcririru forcts, and shall negotiate for the liberty of all 
 Spanish pris(niers in the power of the insurgents in Caba and the 
 Philippines. The Government of the United States siiall transport 
 (d its cost to Spain, and the government of Spain shall transpori at 
 
OUR 'ri;i:Ai ^ w rni si'aix. 3?. 
 
 /7.S- cost In llii I ititui Sfdh.s. Ciil/d, J'liiio llirn nml tin I'll il i jijinu s^ 
 cuiiformnjili/ Id the sifmitidii nf flicir rcsjKclivi (lii( /liiu/s. I/h jiris- 
 ontra plaml or In b< phuxil <il libcrfji in rirhi< nf lln.^ ar/iclr. 
 
 Eelease of Prisoners. — In providing by tliis article for the 
 tniitual release of prisoners, Spain does not assume any responsi- 
 Mlity, or undertake to perform any arduous duties, as the unmbcr 
 I if })risoners, wliidi tlicy li;i\c hoon able to take during the war. 
 has been rather small, but there are prisoners confined in Cuba 
 and the Philii)])ines for political offciist's, and those will all be 
 rcdeased; even if this were not provided for \n the treaty, the 
 I'nited States would be able to liberate those who have been con- 
 Hued for political otfeuses, or for that matter, for any reason 
 whatever, as soon as the armies of occupation are in complete pos- 
 session. 
 
 The United States assume no responsibility for any prisoners 
 not in their own possession, who, of course, will be at once re- 
 leased, except so far as they are obliged to negotiate ''for the lib- 
 erty of all Spanish prisoners in the power of the insurgents in 
 ( 'uba and the I'hilippines." As the United States will be the 
 j)aramount power in Cuba, and the Philippines, they will bo able, 
 as soon as Spain has withdrawn, to assert whatcNiT p<»wer is 
 necessary over the insurgents to obtain the liberation of tliosr' 
 l)risoners, and if necessary they can resort to the most stringent 
 methods in order to accomplish the purpose. 
 
 The Commissioners of the United States in this article have 
 ;;lso shown the disposition of this ( io\ernnicnt to art'ord to a con- 
 ([uered enemy every facility for promptly obliterating all re- 
 membrances of the wai", and of once more assuming a peaceful 
 c ourse of government, and in agreeing to transport the prisoners 
 to their res]iectiv(' homes at its own ex])ense they have simply 
 |fo\i(lcd fcir the rejx'tition (d' the hitherto almost unparalleledact 
 of generosity on the i)art of one belligerent toward another dur 
 ing actual hostilities, whicdt occurred after the capture of Santi- 
 ago. 
 
 Mutual Renunciation of Claims. — Sovereign nations hav'j 
 the riaht to renoimce claims not onlv for themselves, but also on 
 
34 OUE TREATY WITH SPAIiX. 
 
 account of their subjects, as against each other, and it is optional 
 whether or not they will, themselves, liquidate the claims of their 
 own citizens. 
 
 This arises from the fact that a ;50vereign state can not be sued 
 without its own consent, and the only obligation which the United 
 States will have under this claur,e will be whatever CongresL 
 shall see fit to assume on behalf of the Government towards citi- 
 zens of the United States. 
 
 Citizens of the United States, however, can undoubtedly rely 
 upon the fairness and justness of Congress, and the amount , 
 which eventually may have to be paid to liquidate any just'I 
 claims will practically be added to the price expressed in the 
 treaty for the ceded territory. 
 
 At the present time probably over three hundr(>d claims have 
 been filed in the State Department for amounts aggregating in all 
 possibly over twenty millions, but, of course, all of the amouni> 
 are "outside" figures, many of them being in the nature of claims 
 for unliquidated damages, such as detention in prison, death (if 
 relatives, etc., and the actual aggregate amount of claims in 
 volved is ])robably a comparatively small percentage of their ;il 
 leged "face values" as filed. 
 
 The extinguishment of claims of one nation against another i> 
 a usual clause in treaties of this nature. 
 
 Bv Articles XIll, XIV and XV of the treaty of (hiadalou])e- 
 Hidalgo, with Mexico, in 1848, the United States engaged tc 
 assume and pay the claims of their citizens against the Mexican 
 Republic, including those under arbitration, pursuant to previoii- 
 treaties (U. S. Treaty, Volume 687-688), "and exonerating Mv\ 
 
 ico from all demands on account of the claims of citizens of 
 the United States mentioned in the preceding article, and 
 considering them entirely and forever cancelled^ whatevei 
 tlieir amount may be, undertook to make satisfaction for the 
 same to an amount not exceeding three and a quarter mil- 
 lions of dollars." 
 By Article XI of the Adams-de Onis treaty with Spain, i) 
 1810, "The United States exonerating Spain from all demand: 
 
OUR T]{EA'r^- Willi SPAIN. 35 
 
 in future on account of the claims of their citizens to which 
 the renunciations liereiu contained extend, and considerinj: 
 them entirely cancelk'd, un(h'i'take to make satisfaction for 
 
 rlic same tn an aiiKMiiii ii<it cxcccMliii^tix'ciiiilliiiii^nt'ddllars." 
 
 In both of these instances it seems that the limitation of 
 ■iniount was for the protection of the United States and not for 
 tlie foreign powers, as there was no provision for the foreign 
 powers being obliged to pay any additional amount (U. S. 
 Trt'aty, \'olume, j)age 1020). 
 
 Under the treaty of Washington with Great Britain, of 1871. 
 the payments by the respective governments, one to the other, of 
 the awards of the tribunals established by the treaty were to act 
 as full perfect and final settlements of all the claims referred to in 
 the treaty, and the contracting powei-s further engaged that 
 "every such claim, whether the same may or may not have 
 been presented to the notice of, made, preferred or laid be- 
 fore the tribunal or board, shall from and after the conclu- 
 sion of the proceedings of the tribunal or board be consid- 
 ered and treated as finally settled, barred and thenceforth 
 inadmissable." 
 The effect, therefore, of the first clause of this article is to en- 
 tirely obliterate all claims which any citizen of the United States 
 may have against the Government of Spain of any kind or nature 
 whatsoever, provided it arose within the time mentioned in the 
 article, and a similar state of affairs exists in regard to the claim 
 of any citizen of Spain against the United vStates. This clause, 
 however, does not in any respect relate to claims of private citi- 
 zens of one country against the other. That subject will be re- 
 ferred to in tlie notes nnde-r Article Vlll and at the end of the 
 Treaty. 
 
 ARTICLE VIl. 
 
 Spain and the United States muhmlbj renounce by the present 
 treaty all claim to national or private iiideninity of whatever kind 
 of one government against the other government loJiich may have 
 arkenjrom the beginning of t lie lad insurrection in Cuba, anterior 
 to the interchange of the ratijicaiionsi of the present treaty, a.t also 
 
36 OUK TREATY WITH SPAIN. 
 
 io all indemnity as regards costs occasioned by the ivar. The 
 United States shall judge and settle the claims of its citizens against 
 Spain which are renounced in this article. 
 
 Waiver of Indemnify by the United States. — This article, 
 however^ does relate to all claims wliich the Government of tlu' 
 United States might ha\'e against Spain, or vice versa ^ if aiiv 
 could even be supposed to exist. 
 
 Bj^ this clause the United States waives the claim of any in- 
 demnity whatever against Spain, either in the nature of redress 
 for injury to private citizens, or for the expense of preparing for, 
 and maintaining the war, or for the loss of the Maine. 
 
 In this respect the United States has adhered to its own cus- 
 toms, instituted as far back as 1803, when, by the Louisianii 
 Treaty they paid for the territory on the condition that part 
 should be applied to the payment of claims existing in favor of 
 Americans against the French Government for spoliations prim 
 to 1800, and which was afterwards followed in the Adams-de 
 Onis Ireaty of 181*), with Spain, when Florida was ac- 
 cepted at a stipulated price of $5,000,000, and the claims of the 
 citizens effaced, and which was also pursued in 1848^ when Cali- 
 fornia, Nevada, New Mexico, and other territory were accepted 
 as indemnity for the Mexican war, a.nd"the sum of $ IT), 000,000 
 paid as representing an excess of value over the cost of the war, 
 but Mexico was obliged to pay $3,250,000 for claims of our citi- 
 zens against that power. 
 
 Other nations have not exercised the same leniency towards 
 their defeated enemies. In 1870 Germany exacted from France 
 not only Alsace and Lorraine, but 5,000,000,000 francs cash in- 
 demnity, and only accepted that amount after having impover- 
 ished the territory by the requisitions which had been levied 
 upon it for the support of the invading army. A single day's re- 
 quisition of the German Army when it occupied Versailles, is 
 stated by Halleck (Baker's edition. Vol. 2, p. Ill; see also T. J. 
 Lawrence, p. 375) as being 120,000 loaves of bread, 80,000 
 pounds of meat, 90,000 pounds of oats, 27,000 pounds of rice, 
 7,000 pounds of coffee, 4,000 pounds <.f salt, 20,000 litres of 
 
on; PivMiAi '^ wirii sr.\i.\. 37 
 
 wine, an<l aOU, (>(>(» c'ii;ars. all ot" wliicli the inhabitants worc^fdi-cod 
 to fnriiisli in addition to the indemnity. 
 
 The lai'iicst. iiidciiinit V most recently exacte*! was al ilic cud of 
 I Ik .laii:iii-( 'liine-^e war, when .lapan iiotdiih' i-elaiiied thp cap- 
 lui'cd l-hind of FornKtsa, Iml rreeix'cd ;i cash iiKJemniiy <it' nearly 
 two hii'i<li'e(| million dollai'^. which prohaliU' would lia\c Ih'cu far 
 ui'caler had il imt hccn f<M' fi'ieiiijly oftices ol' oni' .Miiii-t<'r \<> 
 ( hiua, ( 'nioiicl ( hai'lcs A. I )cnliy, who, t<i some extent, acted a^ 
 ;: mediator, and the aide an<l >nccessfid (dVorts of ex-Secretary 
 of State f7( dm W. I'oster, who was not then connected wiih the 
 Initcd States ( lovei'iimeiil , and who i'e|ti'esented the Chinese 
 ( ioxcrumcrit in the peace iic^dt iatioiis. and materially ri'iluced 
 1 he iudemni'N' from the aiiHMmt uriuiiially deniande<l. 
 
 Fnder all the established v\i\e^ of International Law, the 
 rnit> d States would have been justified in exacting- an indem- 
 nity equal to the entire expense of preparing for, and maintain- 
 ing, the war, all the claims of their citizens, the estimated cost of 
 occupation and the transformation of the country into revenue 
 producing territory, together, if they saw fit, with an amount to 
 he fixed liy themselves in the way of punitive damages, to P;ay 
 riothing in regard to the ''Maine." 
 
 \\diatev(M', therefoi-e, these it( nis would amount to, together 
 with th(> $20,000,000 stipulated to be paid by the treaty, can be 
 considered as the total cost of the Philippine Islands, Porto Rico 
 and Guam. 
 
 The final clan.se of Article VII places the question of adjudi- 
 cation, and settlement of the claims of its citizens against Spain 
 entirely in tlie hand- of the ITnited States. 
 
 A> aluive -tale(l, that matter will 1)0 disposed by Congressional 
 :ictinn. If that hody f<d]ow- the prei-edents already established 
 in the cases ul' the Kicncdi -pidialion claim-, (daims against Spain 
 for depredations in, and neai'. I'dorida. idaims against Mexico, and 
 the distril)nti()n of the Alabama awai'd, a commission will be ap- 
 pointed which can take proof as to all the (daims of United State?! 
 citizens, or a special court may he establislie<l for the ptirpose, 01 
 1 he (daimant- ma\- h" pci'initteil to e-tabli<h their riu'htsaccordini:- 
 
38 OUR TREATY WITH SPAIN. 
 
 t( laws t<» l)t' enacted before tlie regular Court of Claims. 
 Proceedings will differ from some of those provided in regard to 
 the other cessions and settlements of claims, however, in that the 
 (Commissioners and Judges will undoubtedly all be citizens of the 
 United States, and Spain will not have any voice whatever there- 
 in, w^hich is proper, as no liability remains on her part. 
 
 It is to be hoped and trusted that there will not be the same de 
 lay in the adjudication and payment of claims existing against 
 Spain at the present time in favor of our citizens, as happened in 
 the cases of French spoliation, and Spanish-Florida claims; as t(. 
 the former, some of them still remain unsettled. Many of then* 
 were not settled until more than three-quarters of a century had 
 elapsed since Louisiana had been ceded partly in ])a\nnent there- 
 for. 
 
 ARTICLE VIIl. 
 
 hi fulfillment of article)^ 1, '2 and S of this treaty Spain rr- 
 iiounces in Cuba, avd cedes in Porto Rico and the other West In- 
 dian isles, in Guam and the Philippine archipelago, all buildings, 
 iiioles, barracks, fortresses, establishments, public roads and other 
 real property, which by custom or right are of the public domain, 
 and as such belong to the crown of Spain. Nevertheless, it is de- 
 clared that this renouncement or cession, as the case may be, referred 
 to in the previous paragraph, in no way lessens the property or 
 rights which belong by custom or law to the peaceful possessor of 
 (pods of all kinds in the provinces and cities, public or private 
 establishments, civil or ecclesiastical, corporations or whatever 
 bodies have judicial personality to acquire and possess goods in the 
 above mentioned renounced or ceded territories, and those of private 
 individuals, ivhatever be their nationality. The said renouncement 
 iir cejision includes all those documents which exclusively refer to 
 said renounced or ceded sovereignty which exist in tJie archives of 
 the peninsula. When these documents existing in said archives 
 only in. part refer to said sovereignty, copies of said part shall be 
 .'Supplied, provided they be requested. Similar ruhs are to be re- 
 ciprocally observed in favor of Spain witJi respect to the docvmenfs 
 
orn 'l'l^l•:.\'l'^ \vi rii si'aix. 39 
 
 existing in thi' archives of tlw before mentioned islands. In the 
 above mentioned renunciation or cession are comprised the rights of 
 thf crown of Spain and of i/.s authorities over the archives and 
 official rrgiMers, administrative and judicial, of said islands which 
 refer to them and to the rights and properties of their inhabitants. 
 Said archives ani registers m'lst be caref Lilly preserved and all indi- 
 viditats, without erception, shall have the right to obtain, conform- 
 ably to law, afUhorized copies of contracts, wills and other docu- 
 ments which form part of notarial protocols or which are kept in 
 administrative and judicial archives, whether the same be in Spain 
 or in the islands above mentioned. 
 
 Transfer of Puhlie Property. — This is the usual clause by 
 which a ceding- iiatioji vests in the ac-quiring g-overnment the pub- 
 lic property. Whatever belonged to the Crown in Porto Rico, 
 the Philippintv;. and Guam, will now vest absolutely in the 
 I'liited States, and, as from the sale of public lands in Florida, 
 Louisiana, Califdi'uia and the othei acquire<l territories, the 
 I'liited States realized hundreds of millions of dollars, so from 
 the uncultivated and unoccupied lands of these vast territories, 
 the I'nited States will be able to realize in part, if not, as is likely, 
 in w li(»l(', (ir even possibly with an ex(•e^^, tlie expenditure which 
 the acfpiL-^ition of tliese territories has involved. 
 
 In all of the prior cases of cessions, commissions were ap- 
 poiiit(<l hy which the public domain was ascertained, 
 and rights of ])rivate owners established, and due re 
 gard was given to the rights of all private citizens, but no claims 
 were allowed as to ownersliip of unoccupied temtory that were 
 rot clearly proved, and which would not have been equally valid 
 as to land within our own territory. In this respect, however, 
 the Supreme ( ourt has decided in a long series of cases, known 
 as the French and Spanish land cases, that whatever would have 
 Inen a good title had the land remained under the prior sover- 
 ( ign, would be recognized after the accpiisitiou, with the exce])- 
 lion that the United States had a right to inakc a- ir did. a linii 
 tatioii as to area. 
 
 In this res])ect see Act of .\larcli :!. IMM. ciiTiritMl. "Am Act to 
 
40 OUR TREATY WITH SPAIN. 
 
 Establish a Court of Private Laud Claims, and to Provide for the 
 Settlement of Private Land Claims in Certain State* and Terri- 
 lories," which was a general act passed by (Congress so as to cover 
 all of the numerous cases involving claims of individuals 
 for property in the various States and Territories, and which arc 
 based upon foreign grants, deeds, and other modes of (tl)taining 
 title, other than regidar recorded transfer and actual occupation. 
 See also Keynolds on Mexican and Spanish Claims, in wliicli 
 all of the law and most of the cases on these subjects have been 
 carefully collated. 
 
 Private Rights. — The second clause of Article VTII protect.- 
 the private rights of the peaceful possession of goods of all kinds, 
 ])oth individual and corporate, and it is merely an expression in 
 tlie treaty of what has been decided to be the established law by 
 the Supreme Court, in the cases affecting cession of territory and 
 cliange of sovereignty. The princii>al cases in the Uuited States 
 Supreme Court affecting the construction of treaties, so far as the 
 rights of inhabitants and owuers are concerned, arising from a 
 change of sovereignty, are: Foste)- x. Xeilson, 2 Peters 253: 
 Ilarcovrt v. (ifnliard 12 AVheaton, 523; Garcia v. Lee, 12 Pe- 
 lers, 511, p. 517. I'he ruk^ is expressed in two cases in the Su- 
 r)j'eme Court as follows: 
 
 Even in cases of conquest, it is very luiusual for the con- 
 queror to do more than to displace the sovereign and assume 
 dominion over the country. The modern usage of nations, 
 which has become law, would be violated; that sense of jus- 
 tice and of right, whitdi is acknowledged and felt by the 
 whole civilized world, would be <mtraged, if private prop- 
 erty should be generally confiscated, and private rights an- 
 nulled on a change of the sovereignty of the country, by the 
 Florida treaty. The people change their allegiance, their 
 relation to their ancient sovereign is dissolved; but their re- 
 lations to each other and their rights of property remain un- 
 disturbed. Had Florida changed its sovereign by ^i^i a<^_^ 
 containing no stipulation respecting the ])roperty of indi- 
 viduals, the rights of property in all those who l)ecame sub- 
 jects of citizens of the new government would have been un- 
 affected bv the change. Tt wonld lun-e remained the same 
 
ovn TKKATV wrru spain. 41 
 
 ;is Hiidcv the niicicnt ■^(iNcrciuii. I . S. \\ I'crcliciiui n , 7 
 
 "liy the law of naliniis, the inhabitants, fiti/.cus, or snh 
 j(>cts of a ('oii(pH'V('(l or (•('(1(^(1 conntrv, tcrritorv or province 
 retain all tlic I'iulils of |iropci-ty wliirli liax'c not liccn taken 
 tVoni tlieiii liy rlie orders of the conijnei'er; ami tliis i- 
 ihe ruK' hy which we niiist tost its efficacy according' to tlie 
 act of ( 'oniiress. wliiidi we niiwt eon-ider as of Kindinu' <\\\ 
 ihorily. 
 
 A treaty of t-essioii is a dee(l nv ^ranl hy <iMe -oxcreiun lo 
 another, which transfei-red nothing to wliiidi he had no 
 riiilit of property; and only siudi riaht as he owned, and 
 could convey to the a-rantee. IJy tlie treaty with Spain the 
 T'^nited States acquired no land< in Florida to whicdi any 
 person had lawfully ohiaineil <n(di a I'iizht hy a perfect or 
 inchoate title, and whi(di tin- coui'i conid consider as ]iro]) 
 erty under the second artitde: or whitdi had. accordinu' to 
 the stipidalion> of the eii^hlh articde id' the treaty, heen 
 ii'rante(l hy the lawful authorities of the kinu: whi(di word>. 
 grants, oi- eoni'e-sion>, were to l.c con-trned in their hroad- 
 est sense, so as to coniiindiend all lawful act- which oper- 
 ated to transfer a riiiht oj' property. ))erfect oi' imperfect. — 
 r. >'. V. Ciiirl\ !» Teters. K'.s. 
 
 j-h'om the~c decisi(]n< it a])pear> that the riiihts of 
 private imli\idual- luidei' the modern ami ci\'ili/eil lailes 
 of wai't'are are not atleeted hy cliam^e of -(p\-ei\'iiiiify, 
 and while the treaty does not say that Imnn fide (daim- of citizens 
 of line (•oiintrv against citizens of the othei' shall he pi-otecte(|. 
 ihi> sentence wouhl '^eeni to certainly create the inference that 
 it was n<tt inteiide*! in any way that the old rnle- (d' war, which 
 re.-ulted in the cancellation of -neh dehts. -hoidd applv at the 
 pre-eiit time. In fact, the tliem-y y\'( the pn-ent Ii-ealy -eeni- to 
 Ik that peace liaxinu heeii restored, eonimercial relation^ hetween 
 the countries and hetween the citizen.- will he restored to their 
 forniei' statu-. Set> n(tte also on this sul)]\'i't after .Vrt i(de Will. 
 
 Books (iikI a rchivefi. — This clause of Article V II I is wvy ine 
 jiortant. It has not infre(|uently happened that hooks and 
 archives have heen taken away hy the ceding power, an<l that 
 thereaftei- it has heen ]u-actically impossible to adjust the (daiius 
 
42 OUR TREATY WITH SPAIN. 
 
 and establish the rights of citizens, and great truiible and exj)enHe 
 has resulted from sncli action. As to Florida, for instance, it re- 
 quired a special conimission to examine the archives in (\\\rd and 
 in Spain, to ascertain the condition of the titles. 
 
 The provision for copying and transmitting archives, and af- 
 fording recipmcal coui'tesies in this respect, will also save a vast 
 amount of trouble in a<ljusting titles and property rights. 
 
 Reituucidtion and Cession of Sorcreiyiify. — This clause is evi- 
 dently put in to avoid any questions relating to the administra- 
 tive functions of the new government, and of vesting the in- 
 (dioate and intangible rights of sovereignty in the new govern- 
 ment, as well as the actual ownership of property. 
 
 While it might be considered as an inseparable appurtenant, 
 still the expression in the treaty is a wise precaution so to avoid 
 any question in that regard. 
 
 Copies of Documents. — The iinal clause of Article VJII, giv- 
 ing an absolute right to parties interested to obtain copies of 
 documents, is also a wise provision, and will save a great deal of 
 di])louiatic cori'es^jondence, and puts every person interested, 
 from a property point of view, in the position of being able to 
 j)rove his claim, if he has any. 
 
 ARTICLE rX. 
 
 Spanish subjects, natives of the peninsula, dwelling in the terri- 
 tory }rhose sovereignty Spaiyi renounces or cedes in the present 
 treat y, may remain in said territory or leave it, maintaining in one 
 nr the other case all their rights of pro])erty, including the right to 
 sell and disp>ose of said property or its products, and moreover, they 
 shall retain the right to exercise their inditstry, business or profes- 
 sion, submitting themselves in this respect to the laivs ujhich are 
 applicable to other foreigners. In case they remain in the territory 
 fhey may preserve thnr Spanish nationality by making in a regis, 
 fry office uiithin a year after the interchange of the ratifications of 
 this treaty, a declaration of their intention to preserve said nation- 
 ality. Failing in this declaration they will be considered as hav- 
 ing renounced said nationality and as having adopted that of fh ( 
 
()Ui{ ri{i:A'i'V wri'ii si'ain. 43 
 
 errifonj in lohicli they majj reside. The civil ri</hfs and ixtlitiial 
 Matua of the native inhabitanl.s of ihi (eiTitorics hneby ceded fa fh< 
 United Stotefi ahall be detei^mined by (k>ngref<i<. 
 
 Article IX, rf'liitiiia. ;is it dcics. to the ri<z;hts of citizciishjjt. ;iii<l 
 1I1C i-i\ il iitiil ]>(ililir;il >l;ilii> <<{' the iiili;iliil;iiits of llic ('(-(led 
 i('i-rit(in, is one of tlu- most important, articles of the treaty. Ap 
 parent ly tlie Commissioners have covered every possible question 
 that coiiM arise. Tliey liaxc ailliered to the e-tal)lishe(| I'lUes and 
 ( iistoiiis of ti'eaty expressions, as a(hipte(l and exerei<e(l liy th<- 
 riiited States, bnt at the same time have so modified them that 
 the eonstittitieiia! ([nestions which will necessarily arise, as to the 
 I'iiihts of the ele\-eii niillieii inhabitants (or thereabouts) of the 
 (■(•(led territory, can iimlonhteclly be disposed of by the pre<?edents 
 already established. 
 
 The nnlimited powei- of ( 'oniire.<s to iiovern territory belong- 
 inii" to the rm'ted States has been estal)lished in a louix series of 
 decisions hy the Supreme Court, but the status ui' the ii\habitants. 
 ill the absence of si)ecia] treaty stii)nlations. miuht haxc been con- 
 ti'olled by that ]iart of the 14th annMidment, which rcdates to 
 citizenshij) (see Appendix); but the decisions of tlie Sui)reme 
 ( 'ourt and the opinions of the leadinu' piiMici^is are all to' the ef- 
 fect that -I ipuhitioiis in a treaty of cession ;irc pnraiiiouiit in es- 
 lablishing- the status of the inhabitant-. In llii- respect Story 
 siys(Sec. i:32,s): 
 
 ■'The power of Congress over the whole territory is clearly 
 exclusive and universal, and their leuislation is subject to 
 no control, but is absolute and unlimited, unless .-o far as af- 
 fected by stipulations in the cession or by the ordinar.ce of 
 18?^T, in which any part of it has been s(>tticd." 
 
 The principal ca.-e> in the Supreme ( 'mirt on tlii> -uhject are: 
 .\ iiierie'iii I lis. Co. vs. Cuiilcr, 1 Peter>. ."> I 1 ; Mitiiimi Clnireji 
 casr, \.\i\ ['. S.. 1; Hiihl,- vs. )'<iiil,-h>ii . KM b. S., !:.'".•: Miirjihii 
 vs. h'iniisry, 1 14 V. S., i:>: J luies y^. I'. >'., IMT V. S.. i'(»2. 
 
 Ka\yle (Edition of 1829, page 237) says, that Congress has al 
 ways been entitled to regulate the form of government of terri- 
 tories subject only to treaty .stipulations. 
 
44 OUR TREATY WITH SPAIN. 
 
 In that respect the treaty stipiUations are paramount to all Con- 
 situtional provisions, and, in fact, it can be stated as a rule of law, 
 that treaty stipnlationj^ are the only limitations bv which Con- 
 uvess wonld l»e limited in establishinii' the status of the inhabi- 
 tants. 
 
 The last clause of Article IX places the entire power in the 
 hands of Congress, and, therefore, the inhabitants of the ceded 
 territory have no greater rights, nnder the cession by which they 
 pass under the jurisdiction of the United States, than Congress 
 shall confer upon them. 
 
 The provisions according privileges to the inhabitants, how- 
 ever, correspond with similar provisions in the prior treaties. 
 
 Article III of the Louisiana Treaty (U. S. Treaty Volume, 
 Page 332) provided: 
 
 "That the inhabitants of the ceded territory shall be in- 
 corporated in the union of the United States, and admitted 
 as soon as possible according to the principles of the Federal 
 (Constitution to the enjoyment of all the rights, advantages 
 and immunities of the citizens of the United States, and in 
 the meantime they shall be maintained and protected in the 
 free enjoyment of their liberty, property, and the religion 
 which they profess." 
 Articles V and VI of the treaty of 1819 with Spain for the 
 cession of Florida (U. S. Treaty, \"olinne. Page lOlS) are: 
 
 V. The inhabitants of the ceded territories shall be se- 
 cured in the free exercise of their religion without any re- 
 striction, and all those who may desire to remove to the 
 Spanish dominions shall be permitted to sell or export their 
 effects at any time whatever, without being subject in either 
 case to duties. 
 
 VI. The inhabitants of the territories which His Catholic 
 Majesty cedes to the United States by this treaty shall be 
 incorporated in the union of the United States, as soon as 
 may be consistent with the princi])les of the Federal Consti- 
 tiition, and admitted to the enjoyment of all privileges, 
 rights and immunities of citizens of the United States." 
 
 The treaty of (iuadahiu]H'-Hid;ilgo (P. S. Treaty, Volume, 
 ]*age fi84) provided: 
 
 Article VIII. — Mexicans now established in territories 
 
on; Tin'.A r^ w rni stain. 45 
 
 [ircx i(iu>l\' lu'ldiiiiiiii: lo Mexico, niid wliicli I'ciiiiiiii tm- iIk 
 tuturc williiii llic liiiiil- "f the I'liilcd Stnlc-. (Iciiiic<l li\- tlic 
 prt'r^ciit ,-li:ill lie tVcc to ciiiiliiiuc wIhtc ilicv ikiw i'c>i(lc, or 
 to rriiKAC III ;iii\- linic \<> the Mcxicnii Kc|nil)liiM'('t;iiiiiiiutlH- 
 l)fo}HM't_v wliicli tlicy ])()ss(>s ill the siiid tcn-itorics. or dispos- 
 ing tlu'fcof, and vtMuoviiii: tlic iji'occimIs whcrovor thcv 
 please, without tlicir liciii^i' sultjcctcd, on llii- .•iccouut, to 
 anv coiitril)titioii, tax. or eliaruc wliatexcr. 
 
 Those Avho shall prefer to remain in the said territorie.- 
 may eitlier retain the title and rig-lits of ]\[exican citizens, or 
 aeqnire those of citizens of tlie United States. Hnt they 
 shall he under ihe oblig'ation to make their election within 
 one year from the date of the exchang-e of ratifications of 
 this treaty; and th(vs(> who shall remain in tlie said territories 
 after the expiration of that year, withont havini;' (h'clared 
 their intention to retain the character of Mexicans, shall he 
 considered 1o lia\-e electe(l to become citizen^ ( d' llie I nite<l 
 States. 
 
 In the said ten'itorio, pro])erty of every kind, now he- 
 lonuinu- to .Mexican- not estahlished there, shall he invio- 
 lahl\- re-jK etc d. The present owners, the heir< of these, and 
 all .MexiciH!-^ w\\>> may hereafter aeqnire said iJroju'rty by 
 I'ontract. -hall eujuy with res])ect to it tiuarantees e(pially 
 ample as it' ilie -anie l)elonu<Ml to citizens of the I'nited 
 States. 
 
 Article IX. — The Alexicanr^ who, in the territories afore- 
 said, shall not preserve the character of citizens of the Mexi- 
 can Ivepnhlic. conformably with what is stijndated in th(, 
 preceding article, shall be incorporated into the nnion of the 
 United States, and he admitted at the proper time (to bo 
 jndged by the ( onuress of the United States) to the enjoy- 
 ment (d" all the riiihts of citizens of the United States, ac- 
 cordinn to the pi-inciples of the Constitution: ami in the 
 nieantinie, shall lie maintained and protecteil in the tree 
 enjoyment of their liherty and ]>roperty, and secui-ed m the 
 free exercise of their religion withont restriction. 
 
 The (iadsden. Mexican treaty of 1>0;; (^T. S. Treaty. N'olunic. 
 laue •'''■•';) provi<le(l, "that all the jn'ovisions of the two articles 
 
 (d' the (.audaloup.' llidalg-o treaty just quoted, and that thi' 
 same articles should al.-o apply to all the rii>-ht< of persons 
 and pro})erty, both civil and ecclesiastical, within the same, 
 
46 OUE TREATY WITH SPAIN. 
 
 as fully and as effectually as if the said articles were herein i 
 again recited and set forth.'' 
 Article III of the Russian Treaty of 1867 (U. S. Treaty, Vol- 
 ume, 941) is as follows: 
 
 "The inhabitants of the ceded territory, according to their' 
 choice, reserving their national allegiance, may return to 
 Jiussia within three years; but if they should prefer to re- 
 main in the ceded territory, they, with the exception of un- 
 civilized native tribes, shall be admitted to the enjoyment 
 of all the rights, advantages and immunities of citizens of 
 the United States, and shall be maintained and protected 
 in the free enjoyment of their liberty, property and religion. 
 The uncivilized tribes shall be subject to such laws and reg- 
 ulations as the United States may from time to time adopt, 
 in regard to aboriginal tril)e'^ of that country.'' The Four- 
 teenth Amendment had been adopted by Congress and wa-; 
 before the States for ratification when this treaty was con 
 eluded. 
 Texas was not annexed by treaty. A treaty was proposed to 
 the Senate, and failed. It required two-thirds of the Senate. 
 A majority of both houses of Congress united, however, in a 
 joint resolution, Maj'cli 1, 1845 (See U. S. Statutes at Large), 
 which specified the terms n])on which Texas became a State of 
 the Union. 
 
 Hawaii was also annexed by the United States after a treaty 
 liad failed, by j(»int resolution (See Appendix), the differ- 
 ence betAveen the annexation of Texas and that of Ha- 
 waii being, that in the former instance Texas was ad- 
 initted as a State while Hawaii was admitted only as 
 :, Territory, but in both cases the joint resolution con- 
 tained limitations as to the status and rights of the inhabitants. 
 In the case of Texas, slavery was ]n-ohibited north of 36.30, the 
 line of the Missouri Compromise, and in the Hawaiian case the 
 resolution provides: "There shall be no further immigration of 
 Cliinese in the Hawaiian Islands, except upon such condi- 
 tions as are now, or may hereafter be, allowed by the laws 
 of the Thiited States; and no Cliinese, by reason of anything 
 heretofore contained, shall be allowed to enter the United 
 States from the Hawaiian Islands." 
 
oil; riniAi '^ w rni si'aix. 4? 
 
 Till' rcrord of the I'liitcd States (lovcniiiiciit. tVdiii the caflicst 
 ;:r(|uisitioii <it' tcri'ilnrv. lia- liccii \i< ('(iiiti'iil the status nt iiiliaM- 
 taiits in lu'wlv aciiuirc'il trrritdrv, hy the terms of the cession, and 
 all privilegvis and innnunities acqnirecl as a matter <»f right have 
 been only those that have been given nnder the terms of the 
 neaty of cession. 
 
 AliriCLE X. 
 
 Th" inhttbitantH of th" frrrltorm whow SDrerngnti/ Spain re- 
 itonit.Cfs or ccfles shall have anHared to them the frcr exercise of tJieir 
 rch<ji(iii. 
 
 Guaraiih/ of Ji'eligious Freedom. — The notes and excerpts 
 from the various treaties, under Article IX, apply equally to the 
 guaranty of free exercise of religic'ii by the inhabitants of the 
 ceded territory, except that under this paragraph the United 
 States apparently assumes the protection of worshippers in the 
 Island of Cuba, and they have this right by virtue of the supreme 
 power given to the President as Co'nmander-in-Chief, under the 
 . rules of militaiN orc-upaiicy. 
 
 Aim CLE XI. 
 
 Sp'iiiiar<ls i''<i'luii ill the territories whose iSovereigiiti/ Spain 
 cnlex or rettoiiHi-'s sh'.iU be subject in civil and criminal matters to 
 the tribunals of the eonntrij in which they reside, conformably ivit J i 
 fh< (■'iiiirnoii law,< iiihich ni/nhitr tlivir eoinpetener, beiiuj mnbled f" 
 appear before th.nii in the saim manner nii'l to employ the sanu 
 preieeedhigs a^ th ■ citiz"-nH of the country tn n'hieh the tribunal be- 
 longs must obserre. 
 
 Status iif S punish Siilijects. — By this article, citi/.ens of Sj)ain 
 or inhal)itants of Spanish descent, wiio choose to remain in the 
 territory after the cession, while they must subject themselves to 
 the same laws \vhi(di ci>ntrol tiie inhabitants who become citizens, 
 or who remain there subject to such rules and regulations as Con- 
 gress may prescribe, will still be entitled to all the privileges and 
 imnumities which those inhabitants are accorded by the United 
 States. 
 
48 OUR TEEATY WITH SPAIlSr. 
 
 It can hardly be conceived tliat the United States woiihl deny 
 to any of the inliahitants of Spain any of those privileges, and the 
 clause simply makes a corresponding obligation to conform to 
 the laws, in the consideration of the equal privileges accorded. 
 
 ABTICLE XII. 
 
 Jadiclal proceedings jicnding on the interchange of the ratl- 
 ficcdions of this treaty in the territories over luhich Spain renoun- 
 ces or cedes sovereignty shall he determined conformabb/ ivitJt the 
 following rules : 
 
 FiEST — Sentences pronounced in civil cases between individuals 
 or in criminal cases before the above-mentioned date, and againsf 
 which tliere is no appeal or annulment conformably with He 
 Spanish law, sh.all be considered as lasting, and shcdl be executal 
 ill due form by competent authority in the territory unthin which 
 said sodences should be carried out. 
 
 Second — Civil actions between individuals, which on the. afore- 
 mentioned date have not been decided, shcdl continue their course 
 before tJie tribuncU in whicJi the latrsuit is proceeding, or befoi^ 
 thcU whicli. iiiiall replace it. 
 
 Third. — Crimimd actions j^ending on the afore-mentioned dcde 
 before the supreme tribunal of Spain against citizens of territory , 
 which, according to this treaty, will cease to be Spanish, sltall con- 
 tinue under its jurisdiction until definite sentence is pronounced, 
 hid once sentence is decreed its execviion shall be intrusted to com- 
 petent authority of the place where the action arises. 
 
 Conduct of Judicial Proceedings. — By this article the con- 
 duct of civil and criminal actions pending in the ceded territories 
 will not be interrupted by a change of sovereignty. Honest cred- 
 itors will not be deprived of their remedies, and delinquent debt- 
 t 'rs and criminals will not be able to avail of the change, in order 
 either to avoid payment of just debts, or escape punishment for 
 their crimes. 
 
 This article is in accord with the accepted rule of Interna- 
 tional Law, that change of sovereignty should not exercise any 
 effect on local or personal interests. This is a rule which has been 
 
OUR TREATY WITH SPAIN. 49 
 
 ])ron()iuu'('(l ;iii(l sustained by the Supreme Court of the United 
 Slates as a natiii'al rule of law, and one that proceeds from a just 
 interpretation of the mutual rights as between nations, as well as 
 between the citizens of different n?.tions and the governing pow- 
 ers. See notes under Article YIIT and eases there cited. 
 
 MiTKLi: MIL 
 
 Literary, artistic, and i)i(lustrial rights of property acquired by 
 /Spaniards in Cuba, Forto Rico, the Philippines and other territories 
 ceded on the interchange of ratifications of this treaty, shall continue 
 to be respected. Spanisli scientific, literary, and artistic wor/cs not 
 dangerous to public order in said territories, shall continue entering 
 therein with freedom front all custom duties for a period of ten years 
 dating from the interchange of the ratifications of this treaty. 
 
 Works of All. — This article is another evidence of the pro- 
 cress of the eivilization upon internationl relations, vesult- 
 ing- from the advance of the arts and science; while in this 
 instance, the results of science, literature and art are exempted 
 from tariff cdiarues for a ])eriod of ten years, the right of entry, 
 and the exemption of duty, are botli ])r(iperly limited, so that 
 they can not be available of for any detrimental or improper pur- 
 poses; as there is no limitation as to the right of adjudication, it 
 remains absolutely within the power of the Government of the 
 territory — the United States — to determine to what extent ihe 
 right of exclusion, on the ground of danger to public order, s,iuill 
 be exercised. 
 
 ARTICLi: XIV. 
 
 Sjxiin iDiiy esfahlish consular agents in the ports and places of 
 the territories a-hose renunciaf ion or cession are the object of this 
 treaty. 
 
 Consnlar Re/presentatioii . — This is a positive recognition by 
 treaty of a right \vhi(di would doubtless have been accorded to 
 Spain, whether any reference was made thereto in the treaty or 
 not, as it has always been the custom of the United States not 
 only to grant, but to invito, consular representation in our terri- 
 tor^• bv all foreian nations. 
 
50 OUR TREATY WITH SPAIN. 
 
 The article further undoubtedly presages a renewal of not 
 only of all consular, Init also of diplomatic relations between the 
 two countries, which so lately have been at war with each other, 
 and the s,ooner those relations are esta.blished, and all memory of 
 hostilities effaced, the better it will be foi- both nations, and all of 
 the inhabitants thereof. 
 
 AirrirLK X]'. 
 The govern nif'nt of either cuiinfri/ sliaU coitceiJe for a term of 
 ten years to the merchonf s/ii/is of llic othrr the sanie treat nient as 
 reganls all port dues, inr/udijtf/ those of eittnj and deixnfnre, light- 
 h.oase and tonnage daes, as it eoiwedes to its own, nierehant ships 
 not enij>loi/ed in the eoa.4in(/ trade. This artiele mag he repudi- 
 (ded at ang ti no' hg eitJur governmeid giviiag previous notice tliereof 
 six rnontJis hvforehand . 
 
 The notes under Artiele IV are to some extent also applicable 
 to this article, except that the privileges in Article XV can be 
 cancelled, and the article repudiated at any time b}^ either Gov- 
 ernment, on giving six months notice; this article, however, re- 
 lates not only to the privileges which are to be accorded to Span- 
 ish vessels in ports which have now become Americanized, but 
 also to the vessels of the United States in ports that remain under 
 the control of Spain. 
 
 The righl to repudiate mAx or may not be exercised, but there 
 are several instances in which a similar right of repudiation has 
 not been exercised for many years. 
 
 The agreement of 1817 with Great Britain as to the use and 
 <-onstruction of naval vessels on the Great Lakes, and which has 
 resulted in the complete disarmament of those great inland 
 oceans, has a similar clause for termination on six months notice, 
 but it has been in effect uninterruptedly for eighty-one years. 
 Airrii'LE XVI. 
 lie it iiudrrstood, that adulterer ottUgidions are accepted under 
 this treat g hg the United iStates with, respect to Cuba are limited to 
 the period of their occnjtation of the ist.aiuK hnt at the end of said 
 occHpati(m theg unll advise the gorernnient that inwj he established 
 iv the island llait it should accept the same ohligation^i. 
 
on; TKKA'i ■^ w iiii sivmn. 51 
 
 ( Ihl iijdl Kills of Ciihiin Occupancy : Ncir (lorcniNicnf.— The ob- 
 liaatioiis iinpnscd upon t liis Government, l»\- fcasini ut' its mili- 
 t:ii-v ofciipani'v of tlu' Island of Cuba, have been discussed at 
 Icnjitli niider Article I, and will not be ajuain referred to here. 
 
 Article XVI definitely settles that the I'liitcd States docs not 
 a>-unu' any ])erinanent resjionsibilities under this ti-eaty, as tn 
 ('uba. but only the obliiiations growing out of the fact that dur- 
 ing the perio(l of occupancy they will be bound to maintain law 
 and order in the occupied territory. The pro\'ision that, at the 
 end of the oi-cnpation, they will advise such govei'nment as may 
 he established in the island that it should accept the same obliga- 
 tions, does not i'r(>ate any ]:)ositive obligation to obtain any such 
 assumption. But it will unquestionably be the duty of the 
 I'nited States not to surrender the military control over Cuba un- 
 til satisfactory assurances are given that the obligations of main- 
 taining law and onler, will not oidy be assumed by some govern- 
 ment, but will be assumed by a government able to fulfil them; 
 in this connection it must be noted that none of these obligations 
 in any way relate to an assumption of debt, for, as a matter of 
 fact, they are exclusively confined to those obligations that are 
 currently created by the exercise of sovereignty over the teri'i- 
 tory, and not by virtue of any purchase or acquisition of territpry 
 entailing the assumption of debt. 
 
 Airr/cLi-: at//. 
 
 The present traitij sjinll he ralijied Inj the (^ueeu Hefjenf oj Spain 
 
 and the President of the Uaiteil States, in agreement and nlth the 
 
 approral of the Senate, and ratif rations shall />' e.rchanipil in 
 
 Washington icifhin a ddaij aj six nnmtJis iinm this d(de, or earlier 
 
 if possihic. 
 
 The exclianiieot' tatitical ion- i- alway- pro\ide(l for in the lina' 
 ;:rticles of treaties, and the time within which the exchange -hall 
 take place delinitely fixed. Uafiticalioii i< alway> necessary in 
 the case of a treaty comdnded on b(dialf of the riute(l States, and 
 the powers given to Commissioners always refer to this require- 
 ment, which, as alreadv stated, is constitutional. I See Appendix.) 
 
52 OUK TREATY WITH SPAIN. 
 
 It has not infrequently liajDpened that treaties conchided by 
 Commissioners have failed to meet the approbation of a two- 
 thirds majority of the Senate; this happened, amongst other in- 
 ietances, in the following cases: Treaty for Annexation 
 of Texas; treaty for Annexation of San Domingo, 1870; treaty 
 for Annexation of Hawaii ; Bayard-Chamberlain fisheries treaty, 
 1888; the treaty of peace in 1848, with Mexico, was not accepted, 
 as a whole as it came from the Commissioners, but was condi^ 
 tionally ratified with certain amendments and omissions, subject 
 to accei^tance by Mexico, and when Mexico accepted the changes, 
 the treaty became operative. 
 
 Co)n)itercial 1 iitciruiuse; Diploinai'ic Belatiuns. — In the 
 text of the treaty nothing whatever appears as to re- 
 vival of commercial intercourse and diplomatic relations between 
 the two Governments. Possibly something appears in the pre- 
 amble, but the text as cabled omits all the formal preambles, and 
 those stMements which usually precede the first article of a 
 treaty, and wliich often determine the nature of the instrument 
 for the purpose of its construction. 
 
 It is still a mooted question in International Law whether or 
 not a treaty of peace revives, existing treaties, without a special 
 provision to that effect. In this respect the protocols showing 
 the intention of the Commissioners may have an important bear- 
 ing upon the subject. 
 
 According to Woolsey (N. Y. IS'JT, page -!(>3): 
 
 "Although a peace is a return to a state of amity, and 
 among civilized nations, of intercourse, the conditions on 
 which intercourse is adopted may not be the same as before 
 the war. If a treaty contain no other agreement than that 
 there should be peace between the parties, there would be a 
 fair presumption that everything was settled again on its old 
 basis, the cause of war alone being still unsettled. But 
 treaties usually define anew the terms of intercourse; the 
 general principles which govern the renewal of intercourse 
 can not be laid down until it is first known what the effect 
 of a war is upon previous treaties." 
 
 The English rule has been that all treaties are suspended, and 
 
OIR TUKAI'V Wnil SI'AI.X. 53 
 
 IIHl>t In- rc\i\(M|, ;iM(l llllll \V;i- the |iM-,ili(,ii \\|iic|| l||,. liritisli 
 
 ( '<)iimiissi(iii('i-s took with nnr ( '(iniinis-ioiicis wlicii the treaty of 
 (iliciit was iK'o-otiatod— the r(iiiclii>i(iii i<\' wliicli. li\ ilic wav. 
 licars ail iiiterestinii' similai'it v n. the present ti'eaiv. in that the 
 treaty of jioace that tcniiinated the war of \s\-2 wa- coiichnh-l 
 (■ii (hristmas Kve. 1S14, and tlic treaty in the ])resent instance 
 will l>e lianded on t he same anniversary day in JSits, to the 
 I'.xecntix'e liy wlnun the ( 'onimissioiiers wei'e ap|»(iinte(j. 
 
 The rule then laiil down hy the IJritish Commissioners, and 
 Avliieh has always since heen disputed by American authorities, 
 was that the war hail terminated all commercial treaties and priv- 
 ileii'es. and that tlu'y were not revived iy the treaty, in t!ie ab- 
 >ence of a special sti])uhili('n. 
 
 'Idle h'iial (inestion has ne\'er really been deeitled. and Wool- 
 -ey, on the same ])ao-e al)Ove cited, asks the (piestion, "But does 
 war end all treaties f and discusses it at length in a way that 
 shows it is still an open question. 
 
 The practical effect in .1814 was that the United States lost the 
 right of the inshore fisheries off the North Atlantic Provinces, 
 and Great Britain lost the right of the internal navigation of the 
 ^lississippi. 
 
 Glenn states it on page 259, as follows: 
 
 "A trear\- of peace puts an eml to nil (luarrel- whiidi re- 
 <ulte(l in the war that ha< ju-t l)eeu waged, w hetlier ex- 
 pressly nieiitione(l ,.i- not. it renders operative and binding 
 certiUii treaties or international agreements, the opei-atton of 
 which has been >us]K'nded by the war." 
 And he cites as authorities of the existing rule. Hall's Interna- 
 tional Law. page 561-562; 3 Phillmore, Section :rJA et. seq. ; 
 Calvo's International Law. Sections ;) l.j")-;Mr)!l. 
 
 This question is one, however, of minor importance, as the 
 commercial relations between the two countries will have to be 
 reinstated on a new basis, the commercial treaty in torce when 
 Avar was declared being the original treaty, negotiated in 1750. 
 and which will need thorough overhauling in any event. 
 
 The effect of peace, however, on the private relations of citizens 
 
54 OUR TREATY WITH SPAIN. 
 
 (pf the two countries lately at war, as Ix'tweeii oaeli other, 
 is definitely settled. 
 
 It was formerly considered necessary to make some special 
 sripiilatiou in this rcs])ect, as was done in the Treaty of 
 I'eace with (li'cat Britain, in lis;;, hnt the g-enerally ad.opted 
 theory is now ex])ressed hy (ilenn on pages 250, section -MO: 
 
 "Private rights, the right of prosecution of which is sus- 
 ])ended by the war, are revived by the peace, even though 
 nothing be said upon the subject in the treaty." 
 
 Hall has summarized the whole matter in the third clause of 
 section 200, page 584, of his fourth edition: 
 
 "3. In a general way, peace revives all private rights, and 
 restores the remedies which have been suspended during the 
 war; contracts, for example, are revived between private 
 persons, if they are not of such a kind as to be necessarily 
 put an end to by war, and if their fulfillment has not been 
 rendered impossible by such acts of a belligerent govern- 
 ment, as the confiscation of debts due the subjects to those of 
 its enemy ; the courts also are reopened for the enforcement 
 of claims of every kind.'" 
 
 In this respect Woolsey says, on i)age 265: 
 
 "But private rights, the prosecution of which is inter- 
 rupted by war, are revived by peace, although nothing bo 
 said upon the subject; for a peace is a return to a normal 
 state of things, and private rights depend not so much on 
 concessions, like public ones, as on common views of justice. 
 And this includes not only claims of private })ersons, in 
 tlie t\vo countrie^s, upon one another, but also claims of indi- 
 viduals on the government of the foreign country, and 
 claims — private and not political — of each government 
 upon the other existing before the war." The treatv pro- 
 visions, however, in this case will control as to claims against 
 cither government. (See notes under Article VII.) 
 
 The Supreme Court of the United States passed upon thiti 
 
 (luestion in 1<S()T, and in the case of Hanger v. Ahhott, (i Wall. 
 
 532, decided that the "old decissions made when the rule of law 
 
 was that war annulled all debts between the subjects of the 
 
 belligerents, are entitled to but little weight, even if it is 
 
OUii TKKAT^' Wl'I'II SPAIN. 55 
 
 safe to assume that tliov arc correctly reported, of which, in 
 respect to tlie leadirii;- case, there is much doubt. 
 
 "All of those decisions were made between parties who 
 were citizens of the same jurisdiction, and most of them 
 were made nearly one hundred years before the interna- 
 tional rule was acknowledged, that war only suspended debts 
 due to an enemy, and that peace had the effect to restore 
 the remedy. The rule of the present day is that debts ex- 
 isting prior to the war, but which made no part of the rea- 
 sons for undertaking it, remain entire, and the remedies arc 
 revived at the restoration of peace." 
 
 Tn the same case it was also decided that during the period of 
 liic war tIic ^tatute of limitations doc'^ not run. There does not 
 seem to lie any decision during wliicli tlic cxat-t ])ci'i(id of liostili- 
 tics is (Ictined as to the statute of liniitatious. 
 
 Probably the period of suspension would commence Avitli thti 
 declaration of war, and would not terminate until the treaty of 
 peace was actually made, and the ratifications exchanged, as 
 there would be no renewel of commercial right; and probably no 
 citizen of one nation would have any standing in the courts of the 
 other until that event transpired. 
 
 Xunierous legal ([uestions which will arise both under Consti- 
 tutional and International Law, in considering and constructing 
 a treaty of peace as important as the one which has just been con- 
 cluded, can not, of course, be disposed of in a brief pamphlet 
 prepared without the inspection of the actual text, and without 
 the opportunity for extended research and examination of all of 
 the numerous historical and legal precedents affecting it, and the 
 foregoing brief statement is only intended to be used as a guide 
 to direct those desiring to examine the subject, to the sources 
 whence greater information mav be obtained. 
 
A 1 ' I ' i; .\ I ) 1 X . 57 
 
 APPENDIX. 
 
 EXTRACTS FROM CONSTITUTION OF THE 
 UNITED STATES. 
 
 We. the pcoplf ol' Ihr liiited States, iu order to form a more perfect 
 liiion, establisli Just ice, insure domestic traiuiuility, provide for the 
 common defence, promote the general welfare, and secure the bless- 
 ings of liberty to ourselves and our posterity, do ordain and establish 
 this Constitution foi- llie liiited States of America. 
 
 Article 1. Section 1. All leoislative powers herein granted shall be 
 vested in a Congress of the United States. \\lii<-h shall consist of a 
 Senate and House of Uepresentatives. 
 
 Article 1, Section 8. The Congress shall ha\c [)ower to lay and col- 
 lect taxes, duties, imjjosts and excises, to ])ay the debts and provide 
 for the common defence and general welfare of the United States; but 
 all duties. im])OS1s and exci.ses shall lie iinii'orni IhroughoiH the United 
 States. 
 
 To borrow money on the credit of the United States. 
 
 To regulate commerce with foreign nations, and among the several 
 States, and with the Imliim tribes. 
 
 To establish an iiiiiroiiu rule of naturalization, and uniform laws on 
 the subject of bankruptcies throughout the United States. 
 
 To coin money, regulate the value thereof, and of foreign coin, and 
 fix the standard of weights and measures. 
 
 To provide for the punishuuMit of counterfeiting the securities and 
 current coin of the United States. 
 
 To establish postothces and post roads. 
 
 To ]u-omote the progress of science and useful arts, hy securing for 
 limited times to authors and inventors tlH> exclusive right to their re- 
 s|)ecti\e writings and discoveries. 
 
 To constitute triViunals inferior to the Su])reuu» Court. 
 
 To define and punish piracies and felonies committed on the high 
 seas, and oifences against the law of nations. 
 
 To declare war. grant letters of marque ami it'inisal. ami maUe i-nles 
 concerning ea|)tures on land and water. 
 
 To raise and snp])ort armies, btit no a[)pro))riat!on of nunu'v to that 
 use shall be for a longer term than two years. 
 
 To pro\ide and maintain a na\y. 
 
 To make rules .-iv the government and regulatiim of the land and 
 naval forces. 
 
 To provide for calling forth the militia to execute the laws of the 
 Union, snjipress insurrections and repel invasions. 
 
 To provide for cn-ganizing. arming and disciplining the militia, and 
 for governing such j)art of them as may be employed in the service 
 of the United States, reserving to the States, respectively, the appoint- 
 
58 AP>*EXJ>1X. 
 
 nieiit of the officers, and the avithority of trainiiii^- the militia aecoriliiig- 
 to the discipline prescribed bj- Congress. 
 
 'Po exercise exclusive legislation in all cases whatsoever, over such 
 District (not exceeding- ten miles square) as may, by cession of par- 
 ticular States, and the acceptance of Congress, become the seat of the 
 Government of the United States, and to exercise like authority over 
 all places purchased by the consent of the legislature ( f the State in 
 which the same shall be, for the erection of forts, mag-azines. arsenals, 
 dock yards, and other needful buildings; and 
 
 To make all laws which sliall be necessary and proper for carrying 
 into execution the foregoing ])owers, and all other powers vested by 
 this Constitution in the Government of the United States, or in any 
 Department or otticer thereof. 
 
 Section 10. .\o State shall enter into any treaty, alliance or confed- 
 eration: grant letters of marque and reprisal; coin money; emit bills 
 of credit; make anything but gold and silver coin a tender in payment 
 of debts; jjass ,iny bill of attainder, ex post facto law, or law impair- 
 ing the ol)ligation of contracts, or grant any title of nobility. 
 
 No State shall, without the consent of the Congress, lay any imposts 
 or duties on ini])orts oi- exports, except what may be absolutely nec- 
 essary for executing it's inspection laws; and the net ])roduce"of ail 
 duties and imposts, laid by any State on imports or exports, shall be 
 for the use of the Treasury of the United States: and all such laws 
 shall be subject to the revision and control of the Congress. 
 
 No State shall, without the consent of Congress, lay any duty of 
 tonnage, keep troops or ships or war in time of peace, enter intoany 
 agreement or compact with another State, or with a foreign power, 
 or engage \n war, unless actually in\aded, or in such imminent danger 
 as ^\ill not admit of delav. 
 
 Article II, Section 1. The executive power shall be vested in a Presi- 
 dent of the United States of America. He shall hold his office during 
 the term of four years, and. together with the ^'ice-President, chosen 
 for the same term, be elected as follows: 
 
 .\rticle II, Section 2. The President shall be Commander-in-Chief of 
 the. Army and Navy of the United States, and of the militia of the 
 several States, when called into the actual service of the United States; 
 he may require the opinion, in writing, of the principal officer in each, 
 of the Executive Departments, iipon any subject relating to the duties 
 of their respective offices, and he shall have power to grant reprieves 
 and pardons for offences against the United States, exceiit in cases of 
 imjicachment. 
 
 He shall have power, by and with the advice and consent of the 
 Senate, to make treaties, provided two-thirds of the Senators present 
 concur; and he shall nominate, and by and with the advice and consent 
 of the Senate, shall ap])oint Ambassadors, other public ministers and 
 consuls, judges of the Supreme Court, and all other officers of the 
 United States, whose apjjointments are not herein otherwise provided 
 for, and which shall be established by law: but the Congress may by 
 law \es1 the ai3])ointmeut of such inferior officers, as they think 
 proper, in the President alone, in the courts of law, or in the heads 
 of Departments. 
 
 'I'he President shall have power to fill up all vacancies that may 
 happen during the recess of the Senate, by granting commissions 
 which shall expire at the end of their next session. 
 
 Section 3. He shall from time to time give to the Congress informa- 
 tion of the state of the Union, and recommend to their consideration 
 such measures as he shall judge necessary and expedient; he may, on 
 
APIM:.M)IX. 59- 
 
 «'\t I aoidiiKiiN occasions. i-()n\ciu' liolli Houses, or- citlier of them, and 
 in case of disayioeiuent between them, witli re.speet to the time of ad- 
 journment, lie may adjourn them to sueh time as he shall think proper; 
 lie shall receive Ambassadors and other publie Ministers; he shall 
 take care that the laws be faithfidly exeeuted, and shall commission 
 all Ihc oilieers of the I'nited Stales. 
 
 Article IV. Section L?. New States may be admitted by the Congress 
 into this I'nion. but no iie\\ Stati- shall be loi-med or erected within 
 the jurisdiction of an_v other State, nor aux State be formed by the 
 junction of two or more States, or parts of States, without the consent 
 of the lef-islatures of the States concerned as well as of the Congress. 
 
 The ('oni;ress shall have power to dispose of and make all needful 
 rules and rei>-ulations iesi)ectin{^ the Territory or other property be- 
 lonyiiiy to tlie I'nited States; and nothirif,'- in this Constitution shall 
 be so construed as to prejudice any claims of the United States, or of 
 an_\ particidar State. 
 
 Section 4. The I'nited States shall <j-uarajitce to every State in this 
 liiion a rej)iil)lican form of tiovernment, and shall jjrotect each of 
 them against invasion; and on application of the legislature, or of the 
 l-"\eeuti\e (\\ hen the legislature can not l)e convened), against domestic 
 \ ioleiu-e. 
 
 Article \'. The Congress, whenever two-thirds of both Houses shall 
 deem it necessary, shall propose amendments to this Constitution, or, 
 on the application of the leg-islatures of two-thirds of the several 
 States, shall call a convention for proposing- amendments, which, in 
 either case, shall be valid to all intents and purposes, as part of this 
 Constitution, when ratified by the legislatures of three-fourths of the 
 se\eral States, or by eon\entions in three-fourths thereof, as the one 
 or the other mode of ratification may be proposed by the Congress. 
 I'rox ided. That no amendinent which may be made prior to the year 
 one thousand eight hundred and eight shall in any manner affect the 
 tirst and fourth clauses in the Ninth Section of the First Article, and 
 tliat no State, without its con.sent. shall be deprived of its equal suf- 
 frage in the Senate. 
 
 Article \'l. All debts contracted and engagenuMits entered into, be- 
 fore the adoption of this Constitution, shall be as valid against the 
 I'nited States under this Constitution, as under the Confederation. 
 
 This Constitution, and the laws of the United States which shall 
 be made in pursuance thereof, and all treaties made, or which shall be 
 inadi', under the authority of the I'nited States, shall be the supreme 
 law of the land, and the judges in every State shall be bound thereby, 
 anything- in the constitution or laws of any State to the contrary not- 
 withstanding. 
 
 The Senators and liepresentatives befoi'c mentioned, and the mem- 
 Ijers of the several State legislatures, and all executive and judicial 
 oilieers, both of the United States and of the .several States, shall be 
 bound by oath or attirmation. to sujjport this Constitution; but no 
 religious test shall ever be required as a qualification to any office or 
 |)nl)lic trust under the Cnited States. 
 
 first Amendment. Congress shall make no law respecting an es- 
 tablishment of religion, or prohibiting the free exercise thereof; or 
 abridging- the freedom of spet'ch. or of the |)ress; or of the right of the 
 people peaceably to assemble, and to petition the Government for a 
 redress of g-rievances. 
 
 Ninth .\mendment. The enumeration, in the Constitution, of cer- 
 tain rights, shall not be construed to deny or disparage others retained 
 by the |)eoj)le. 
 
60 APPENDIX. 
 
 Tenth Aiuenclinent. The powers not delegated to the United States 
 by the Constitution, nor prohibited by it to the States, are ceserved to 
 the States respectively, or to the people. 
 
 Thirteenth Amendment. Section 1. Neither slavery nor involuntary 
 ser\itnde, except as a punishment for crime ^vhereof the party shall 
 have been duly convicted, shall exist within the United States, or any 
 place subject to their jurisdiction. 
 
 Fourteenth Amendment. Section 1. All persons born or naturalized 
 in the United States, and subject to the jurisdiction thereof, are cit- 
 izens of the United States and of the State wherein they reside. No 
 State shall make or enforce any law which shall abridg'e the privileges 
 or immunities of citizens of the United States; nor shall any State 
 deprive any person of life, liberty or property without due process 
 of law: nor deny to any person within its jurisdiction the equal pro- 
 tection of the laws. 
 
 Fifteenth Amendment. Section 1. The right of citizens of the 
 T'^nited States to vote shall not be denied or abridged by the United 
 States or by any State on account of race, color or previous condition 
 of servitvide. 
 
 :U) V. S. STATTTES AT LARCIE, 750— PUBLK' KESOLU- 
 TFOX, ^O. 51, JULY 7, 1808. 
 
 ,l()l.\'l^ IJIOSOLrTlON; TO PlfOVIDE FOE ANNEXING THE HA- 
 WATUXN ISLANDS TO THE UNITED STATES. 
 
 Whereas, the government of the Eepublic of Hawaii having, in due 
 form, signified its consent, in the manner provided by its constitution, 
 to cede absolutely and without reserve to the United States of Amer- 
 ica all rights of sovereignty of whatsoever kind in and over the 
 Hawaiian Islands and their dependencies, and also to cede and transfer 
 to the United States the absolute fee and ownership of all j)ublic, gov- 
 ernment, or crown lands, public biiildings or edifices, ports, harbors, 
 military ec|uipnient, and all other public property of every kind and 
 description belonging to the government of the Hawaiian Islands, 
 together with every right and appurtenance thereunto appertaining: 
 Therefore. 
 
 Resolved by the Senate and House of Representatives of the United 
 States of America in Congress assembled. That said cession is accepted, 
 ratified and confirmed, and that the said Hawaiian Islands and their 
 dependencies be, and they are hereby, annexed as a part of the terri- 
 toi-y of the United States and are subject to the sovereign dominion 
 thereof, and that all and singular the property and rights hereinbefore 
 mentioned are vested in the United States of America. 
 
 The existing laws of the United States relative to public lands shall 
 not apply to such lands in the Hawaiian Islands; but the Congress of 
 the United States shall enact special laws for their management and 
 dis|)osition: Provided, That all revenue from or proceeds of the same, 
 except as regards such part thereof as may be used or occupied for 
 the civil, military or naval purposes of the"^ United States, or may be 
 assigned for the use of the local government, shall be used, solely for 
 the beiK-fit of the inhabitants of the Hawaiian Islands for educational 
 and other public purposes. 
 
 Until Congress shall provide for the government of such islands all 
 the civil, judicial and military powers exercised by the officers of the 
 existing government in said islands shall be vested in such person 
 
.\im'i:m)1\. 61 
 
 (ir iiovsons and sliall ho cxi'i-cisfd iji sucli iiiaimci- as the J'l'esideiit of 
 ilu- riiiU'd States shall direct: and tlic I'l'i-sident shall have power to 
 it'iuovo said otiicers and till tin- vacancies so occasioned. 
 
 The existinfr treaties of the Hawaiian Islands with foreign nations 
 k;li;dl lorthwith cei.se aiui determine, being replace'! by sueh trerities 
 as nray exist, or as may be hereafter concluded, between the L'nited 
 States and sueh foreign nations. The municipal legislation of the 
 Hawaiian Islands, not enacted for the fulfillment oi the treaties so 
 extinguished, and not inconsistent with this joint resolution nor con- 
 iiai-y to the Constitution of the Tnited States nor to any existing treaty 
 of tile Inited States, shall rejnain in forci- uniil the Congress of the 
 liiited States shall otherwise determine. 
 
 Intil legislation shall be enacted extending the United States cus- 
 toms laws and regulations to the Hawaiian Islands the existing cus- 
 toms relations of the Hawaiian Islands with the United States and 
 other countries shall remain unchanged. 
 
 The public debt of the Republic of Hawaii, lawfully existing at the 
 date of the passage of this joint resolution, including the amounts 
 due to dei)ositors in the Hawaiian Tostal Savings Bank, is hereby 
 assumed by the (iovernment of the United States; but the liability of 
 the United States in this regard shall in no case exceed four million 
 dollars. So long, however, as the existing government and the present 
 commercial relations of the Hawaiian Islands are continued as herein- 
 before j)rovi(!e(l. said goNci-nnient shall coiitinnr to ]iay the intei-est 
 on said flebt. 
 
 There shall be no further immigration of Chinese into the Hawaiian 
 islands, except upon such conditions as are now or may hereafter be 
 allowed by the laws of the United States; and no Chinese, by reason 
 of anything herein contained, shall be allowed to enter the United 
 .States from the Hawaiian Islands. 
 
 The I'resident shall appoint five commissioners, at least two of 
 whom shall be residents of the Hawaiian islands, who shall, as soon as 
 reasonabl\ ])racticable, recommend to Congress such legislation con- 
 cerning the Hawaiian Islands as they shall deem necessary or proper. 
 
 Sec. 2. That the commissioners hereinl)efore provided for shall be 
 appointed by the President, by and with the advice and consent of 
 the Senate. 
 
 Sec. .'.. That the svim of one hundred thousand dollars, or so much 
 thereof as may be necessary, is hereby appropriated, oiit of any money 
 in the Treasury not otherwise appropriated, and to be immediately 
 available, to be expended at the discretion of the President of the 
 United States of America, for the |)urj)ose of carrying this joint resolu- 
 tion into effect. 
 
 .\pi)rov<'d. .Inly 7, 1898. 
 
 PROTOCOL. 
 
 AVilliam II. Day, Secretary of State of the United States, and His 
 ICxcellency Jules Cambon, Ambassador Extraordinary and Plenipoten- 
 tiary of the Republic of France, at Washington, respectively possessing 
 for this purpose full authority from the Government of the United 
 States and the government of Spain, have concluded and signed the 
 following articles, embodying the terms on which the two govern- 
 ments have agreed in respect to the matters hereinafter set forth, 
 having in view the establishment of peace between the two countries, 
 that is to sav: 
 
 ARTICLE I. 
 
 Spain will relinquish all claim of sovereignty over and title to Cuba. 
 
•62 appj:ndtx. 
 
 aeticle ii. 
 
 Spain will cede to the United States the island of Porto Rico aiid 
 other islands now under Spanish sovereignty in the West Indies, and 
 ;ilso an island in the Ladrones to be selected by the United States. 
 
 AETICLE in. 
 
 The United States will occupy and hold the city, bay and harbor of 
 Manila, pending- the conclusion of a treaty of peace which shall deter- 
 mine the control, dispo'sition and government of the Philippines. 
 
 Spain will immediately evacuate Cuba, Porto Rico and other islands 
 now under Spanish sovereignty in the West Indies; and to this end 
 each government will, within ten days after the signing of this pro- 
 tocol, appoint Commissioners, and the Commissioners so appointed 
 shall. Avithin thirty days after the signing of this ])rotocol. meet at 
 Havana, for the jjurpose of arranging- and carrying- out the details of 
 the, aforesaid evacuation of Cuba and the adjacent Spanish islands; 
 and each go\ornu)ent will, within ten da^s after the signing- of this 
 jirotocol, also appoint other Commissioners, who shall, within thirty 
 <iays after the signing- of this protocol, meet at San Juan, in Porto 
 Rico, for the purpose of arrang-ing- aiul carrying out the details of the 
 aforesaid evacuation of I'orto Rico and other islands now under Span- 
 ish sovereigTitA' in the \A('st Indies. 
 
 ARTICLE \'. 
 
 The United States and Spain will each appoint not more than five 
 commissioners to treat of ])eace, and the commissioners so appointed 
 shall meet at Paris not later than October 1, 1898, and proceed to the 
 neg-otiatiou and conclusion of a treaty of peace, which treaty shall be 
 subject to ratification according to the i-espective constitutional forms 
 of the two countries. 
 
 ARTIC LK \T. 
 
 Upon the conclusion and signing of this protocol, hostilities between 
 the two countries shall be suspended, and notice to that effect shall 
 be g-iven as soon as jjossible by each g-overnment to the commanders of 
 its military and naval forces. 
 
 Done at Washington in duplicate, in English and in French, by the 
 undersig-ned. who have hereunto set their hands and seals, the 12th 
 day of August, 1898. 
 
 I SEAL] WILLIAM R. DAY. 
 
 [SEAL] JULES CAMBON. 
 
 War Department, Adjutant-Ceuerars Office, 
 
 Washing-ton, July 18, 1898. 
 The following-, leceived from the President of the United States, is 
 published lor llie information and guidance of all concerned: 
 
 Executive Mansion. Washington, July 13. 1898. 
 To the S('ci-t'tai-_\ of ^^■ar. 
 
 Sii-: The capitulation of tlie Sjjanish forces in Santiago de Cuba and 
 in the eastei-n |)art of the ]n-ovince of Santiago, and the occupation of 
 the territo]-y by the forces of the U'nited States, render it necessary 
 to instinct llie military commander of the United States as to the 
 conducl w Inch he is to observe during- the military occupation. 
 
 The first efl'ect of the military occupation of the enemy's territory 
 is the severance of the former political relations of the "inhabitants, 
 -tind the establishment of a new political ])ower. Under this chang-ed 
 
\|'|'i;M)I\. 6:{ 
 
 <-uii(lili()ii <il lliiiii^s. the inli;il>it:inls. so loiii-- ;is they |)rrt'<)iiii llit-ir 
 (liitit's. iirc entitled to securil.v in llu-ir persons and propeitx . and in 
 all their |;ri\ate rifilits and relations. It is ni.v desire that the iiiliaij- 
 itants (if ('nl:a shonid be ae(|naint('d with the pnrpose of tlie I'nited 
 States to (liseharf>-e to the fidlest extent its ol)lif>ations in tiiis rei^ard. 
 It will, t iici-efoie. he tlie duty of the Coininander of the anii,\ of oceii- 
 |,atinn to aiiiioniice and pfnclaiin in the most pniilic inannrr that \\i- 
 (■i)in(' not to make war upon tiir i idia hit a ill s of Cnlia. nor upon an,\ 
 part\ or faeIi(Hi anions: tlieiii. Imt to |);-()teet them in their homes, in 
 their employments, and in tiieir personal and relifjions rif^hts. \\\ 
 jieisons who. either h\ active aid or by honest submission, cooperate 
 with the I'nited States in its efforts to i«ive efVeet to this lieiiefieent 
 piir| ose. will receixe tlie reward of its si!i)i)ort and protection. Onr 
 occupation should lie as free fnnii sc\ci-ity as |)ossibU>. 
 
 'rhouijh the |(i\\crs of the niilitary occupant are absolute and su- 
 I reme, and iin media tcly opeiati' ii|ioii llie political conditions of the 
 inhabitants, the municipal laws of the coiHinered 1t'rritor.\ . such as 
 atTeet jjrivatc liiihts of person and property, and jjrovide for tlu- ])im- 
 ishment of crinic. are considered as contiiuiinii- in force, so far as they 
 are coini)a t ibic with tlie new order of thiniis. until they are suspended 
 or siipersedc<l l>\ the occn|)yin<i- bellip-erent ; and in |)racticc they arc 
 not i:srall\ aliioyatcd. but are allowed to remain in foi-ce. and 1o be 
 administered by tlie ordinary tribunals, snbstantially as they w ere 
 before the occupation. This enli<>htene(l ])ractice is. so far as jiossible. 
 to be adhered to on the present oceasitm. The jndoes and the other 
 otlicials eonneoted with the administration of justice may. if they 
 accept the siii^remacy of the United States, continue to administer the 
 ordinary hiw of the land, as between man and man, under the super- 
 vision of the American Commanih'r-in-Cliief. The native constabulary 
 will. so far as nuiy be ])racticablc. i)c preserved. The freedom of tlie 
 people to ])ur.sue their aci'Ustome<l occii pal i(nis will he abridged only 
 when it may be necessary to do so. 
 
 While the rule of eonduet of the American (Ommaiider-in-Chicf will 
 be such as has just been detined. it will In- his duty to adopt measures 
 of a ditferent kind, if. unfortunatel.x . the course of the ])eople should 
 render such measures indisi)ensable to the maintenance <>{ law and 
 order. He will then ])ossess the |)ower to replace or ex|)cl the native 
 otVicials in iiart or altofj-ether, to stdistitiitc new courts id' his own 
 constitution for those that now exist, or to create such new or suj)- 
 plemeutary tribunal.s as may be necessary. In tlu' exercise of these 
 liiyh powers the commander must be i^nided by his judt;nient and his 
 ex|)erience, and a hioh sense of justice. 
 
 One of the most important ancl most jiraetii-al problems with which 
 it will be necessary to deal is that of the treatment of ))roperty and 
 the collection and administration of the revenues. Tt is conceded that 
 all i)nblic- funds and securities belonori"^' to the "overnment of the 
 ronntry in its own riijht. and all arms and sui)plies and other movable 
 property of such Liovcrnment, may be seized l)y the military occui)ant 
 and converted to his own use. TJie real ])roperty of the state he may 
 hold and administer, at the same time enjoyinir the i-evenues thereof. 
 but he is not to destroy it save in the case of military necessity. .Ml 
 l)iiblic means of transportation, stich as telefrra])h lines, cables, rail- 
 ways and boats belonijino- to the state, may be ajipropriated to his tise, 
 but. unless in case of military necessity, they are not to be destroyed. 
 All churches and buildinos "devoted to religions worshij) and to the 
 arts and sciences and all schoolhouses are. so far as possible to be 
 ])rotected: and all destruction or intentiomil defacement of such 
 
64 APPENDIX. 
 
 plaoes, of historical monuments or archives or of works of science or 
 art is prohibited, save when required by urgent military necessity. 
 
 Private property, whether belonging- to individuals or corporations, 
 is to be respected, and can be confiscated only for cause. Means of 
 transportation, such as telegraph lines and cables, railways and boats 
 may. although they belong to private individuals or corporations, be 
 seized by the military occupant, but unless destro3^ed under military 
 necessity, are not to be retained. 
 
 While it is held to be the right of the conqueror to levy contribu- 
 tions upon the enemy in their seaports, towns or provinces which 
 may be in his military possession by conquest, and to applj' the pro- 
 ceeds to defray the expenses of the war, this right is to be exercised 
 within such limitations that it may not savor of confiscation. As the 
 result of military occupation the taxes and duties payable by the in- 
 habitants to the former government become jjayable to the military 
 occupant, unless he sees fit to substitute for them other rates or mode's 
 of contribution to the expenses of the government. The monies so col- 
 lected are to be used for the purpose of paying the expenses of g-ov- 
 ernment under the military occupation, such as the salaries ofthe 
 judges ant! the police, and for the payment of the expenses of the 
 army. 
 
 Private property taken for the use of the army is to be paid for 
 when possible in cash at a fair valuation, and when jiayment in cash 
 is not possible, receipts are to be given. 
 
 All ports and places in Cuba which may be in the actual possession 
 of our land and naval forces will be opened to the commerce of all 
 neutral nations, as well as our own, in articles not contraband of war. 
 upon payment of the prescribed rates of duty which may be in force 
 at the time of the importation. 
 
 WILLIAM McKIXLEY. 
 
 By order of the Secretary of War: 
 
 H. C. CORBIX, Adjutant General. 
 
BY CHARLES HENRY BUTLER. 
 
 Voice of the Nation^— Published in May, 1898.— A Series of 
 Papers Relating to Our Present and Future Relations with 
 Spain. Price 25 Cents. 
 
 IN PRESS. 
 
 History of the Territorial Expansion of the United States, to 
 be Published by G. P. Putnam's Sons. 
 
 The Treating-Hak ing Power of the United States, to be Pub- 
 lished by Washington Law Book Company. 
 
 Washington Law Book Company, 
 
 ti !-. ; 1422 F Street N. W. 
 
 I 
 
 ^ WASHINGTON, D. C. 
 
^^^ 
 
 Washington Law Book CoJ 
 
 l422FSf. N. W. 
 
 WASHINGTON, D. C. 
 
 Stanclcircl Publiccitions on 
 
 Constitutional and International Law! 
 
 a Specialtij. 
 
 
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