REPORTS

ON

THE LAW OF CIVIL GOVERNMENT IN TERRITORY
SUBJECT TO MILITARY OCCUPATION BY
THE MILITARY FORCES OF THE
UNITED STATES.

SUBMITTED TO

HON. ELIHU ROOT,

SECRETARY OF WAR,

BY

CHARLES E. MAGOON,
LAW OFFICER, DIVISION OF INSULAR AFFAIRS,
OFFICE OF THE SECRETARY, WAR DEPARTMENT.

PUBLISHED BY ORDER OF THE SECRETARY OF WAR.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1902.

WAR DEPARTMENT, Washington, October 30, 1901. DEAR SIR: Your reports upon the various questions of law arising during the military occupation of the islands ceded or yielded by Spain under the treaty of Paris, have been of such value to me in deciding the questions treated that I have determined to have them printed for the use of the officers concerned in the government of the islands. Will you please to prepare them for publication as soon as may be convenient?

Very truly yours,

Hon. CHARLES E. MAGOON,

ELIHU ROOT,

Secretary of War.

Law Officer, Division of Insular Affairs,
War Department, Washington, D. C.

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NOTE.

In order to prevent misunderstanding, attention is directed to the fact that the reports of the law officer of the Division of Insular Affairs are not judicial decisions. The authority to declare the determination of the War Department as to the questions discussed in said reports is retained and exercised by the Secretary of War. These reports were prepared for his use and information in arriving at such determination and are now published by his direction. The writer sincerely hopes the publication may be of service to the constantly increasing number of persons whose interest is awakened or whose rights are involved in the propositions discussed.

CHARLES E. MAGOON,

Law Officer, Division of Insular Affairs,
War Department, Washington, D. C.

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TABLE OF CONTENTS.

The powers, functions, and duties of the military governments maintained by

the United States in the islands lately ceded and relinquished by the Gov-

ernment of Spain.....

Legal status of the territory and inhabitants of the islands acquired by the

United States during the war with Spain, considered with reference to the

territorial boundaries, the Constitution, and laws of the United States......

Incidents in the history of the United States involving the doctrine that the

Constitution and laws of the United States extend, ex proprio vigore, over

newly acquired territory, upon the acquisition being completed.

The charge of “imperialism" preferred against President Jefferson

The debate on the bill providing a temporary civil government for the

Floridas

The controversy over said doctrine between Andrew Jackson and Judge

Fromentin....

The debate in the Senate of the United States in 1849, led by Webster

and Calhoun, on the propositions involved in the two questions-

1. Do the Constitution and the body of laws of the United States, er

proprio vigore, extend over territory newly acquired by the United

States?.

2. Can the Constitution be extended over territory newly acquired by

the United States, either ex proprio vigore or by act of Congress,

prior to the creation of a State in said territory by authorized action

of the inhabitants?

The proceedings in Congress during the passage of the bill providing for

the payment of the purchase price of Alaska, wherein the House required

the Senate and Executive to recognize and respect the right of the

House to participate in the determination of the question, whether or

not a cession of foreign territory to the United States shall be assented

to by the sovereign people of the United States...........

The position taken by the legislative and executive branches of this Gov-

ernment respecting territory outside of the States of the Union and the

relation sustained by such territory to the tariff laws and statutes of simi-

lar character....

Comparison of the constitutional requirements for uniform tariff laws with

the requirements as to uniform laws on internal revenue and direct taxes.

Report on the right of Spain to accept a renewal of allegiance to it by indi-

vidual inhabitants of the territories acquired by the United States as a result

of the Spanish-American war, and to reinstate such individuals in Spanish

citizenship.....

In re claim of the Manila Railway Company, Limited, for payment by the

United States of interest on the capital invested in the railway owned and

operated by said company, pursuant to guaranty of said interest by the Span-

ish Government..

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