Republic or Empire? (Classic Reprint)
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Republic or Empire? The treatment of the native inhabitants of our new islands, to which President McKinley required Spain to assent at Paris, is quite unlike the treatment of the native inhabitants stipulated in the treaties of cession concluded with France, Spain, Mexico and Russia. International law has many rules not quite consistent with ordinary reason, and one of them is that a treaty dictated under the stress of military menace shall be deemed a voluntary act, unless the menaced sovereign signing it is a captive prisoner, but were it not for the rule a war might never end till one party has been annihilated. A similar rule is that when war breaks out individuals are inseparable from the State, and, therefore, when Congress declared war against Spain, even every Alaskan became instantly an enemy of every Filipino, and personally bound by the result of the war; but the rule has been found useful, it is said, in preventing, or shortening wars. A similar rule is that a belligerent has a right to seize and confiscate property of an enemy found on land, but fortunately the Supreme Court (8 Cranch, 123), derogating from the unlimited "war power" of the President, decided that Congress must have authorized it. Another rule of hardship and injustice is that, if the conquered in war makes a treaty of cession, the inhabitants of the ceded country are, especially under a representative government, so bound up with their rulers that such inhabitants are transferred without their consent. And so Republican leaders assert that, under the second clause of the third section of the fourth article of the Constitution, Congress can cede New Mexico back to Mexico and transfer therewith, without consulting them, all the inhabitants of the latter territory, as Spain by the cession of the Philippines transferred the natives. That is a harsh rule, and one not to be countenanced by the United States, unless the exigency admits of no other course. The third article of the French treaty of 1803 stipulated: "The inhabitants of the ceded territory shall he incorporated 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 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." On the 2d of February, 1819, Spain ceded Florida to the United States, and the sixth article of the treaty of cession contained the following provision: "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 principles of the Federal Constitution and admitted to the enjoyment of the privileges, rights and immunities of the citizens of the United States." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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