Page:Harvard Law Review Volume 12.djvu/335

315 CONSTITUTIONAL ASPECTS OF ANNEXATION. 315 III. Recognize the titular sovereignty of Spain over the islands, but transfer their entire administration to another Power. Such is the situation of Cyprus and Bosnia, which, nominally Turkish, are fully governed by Great Britain and Austria respectively. IV. Transfer the Philippines to any Power that can be reason- ably expected to rule them wisely and humanely and open them to the world. These courses do not exhaust the possibilities but rather sug- gest them ; and a practicable disposition of the Philippines other than their annexation to the United States will reward a deter- mined effort to accomplish it. Upon the assumption that the pending Treaty of Paris provides for the cession of the Philippines, it is asserted that we are so deeply committed to annexation that further opposition would be unbecoming, if not unpatriotic. This assertion belittles the great- est of all the powers especially confided to the Senate. There is a courteous presumption in favor of a treaty presented to the Senate, but nothing more. A treaty of peace that cannot be amended by the Senate without danger of reopening hostilities has of course a peculiar claim to ratification. The Treaty of Paris is not in this category. Nor is it a document chiefly of international concern intended to promote the renewal of friendly relations between the United States and Spain. Assuming that the annexation of the Philippines is embodied in the treaty, it is the most questionable project of domestic concern that a President has ever submitted to the Senate. Carman F. Randolph, MoRRiSTOWN, New Jersey, December 11, 1898.