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sistent with his own personal convictions and the dictates of his loyalty and devotion to the Union. Why should we assume that Porto Rico's representation would follow any other course than that which is marked out by patriotism and common sense? Why should we assume that Porto Rico's representation would not live up to the same standards as the representatives of the other States? Why should we assume that they would not uphold the sacred traditions and the glorious institutions, and support to the best of their knowledge, ability and strength the highest interests of the nation? Reason, good faith and trust are better counsellors than prejudice, unfairness and suspicion.

As to the solution of independence, the present writer's opinion is that it is not to be desired, at least at the present time, nor even in the immediate future, unless the people are well prepared for the purpose, and there is a well-defined and earnest purpose on the part of the United States to respect the sovereignty, territorial integrity and political independence of the government to be established in the island. If no such preparation really exists and if no such purpose is entertained, it will be indeed a great deal better to leave Porto Rico's status as it is today. Furthermore, the instability of the world's affairs, on the one hand, and the unsettled conditions in the Caribbean, on the other, make it uncertain whether the creation of a Porto Rican Republic would be at all advantageous to either Porto Rico or the United States. More small republics are not indeed to be desired on this continent, as their helplessness renders their existence precarious and a source of possible disturbances and war.

On the other hand, the Caribbean policy of the United States is still in a state of formation. No one can say at the present time what that policy will be in the immediate or the distant future. So far as it can be conjectured from the present state of things, the policy of the United States in the Caribbean is now confined to the solution of questions demanding immediate attention without entering into an exact determination of the ultimate purpose of the United States in respect to the future destinies of the countries bordering on that turbulent region of our Continent; and while there are those who would gladly see the United States advance its boundaries to the Panama Canal, there are others who do not believe in any such policy of territorial aggrandizement at the expense of weak and helpless peoples; those who are willing to compromise on this point would prefer, perhaps, to have the United States strengthen rather than weaken its position in the Caribbean, but not to the extent of incorporating such vast extensions of territory inhabited by millions of alien and unassimilable peoples, whose disposition would surely become a source of great perplexity to the United States. Perhaps the latter view will eventually prevail; but at any rate, the policy of the United States in the Caribbean is not at all definite and clear, and no solution of Porto Rico's status should be under

taken now which might be a hindrance to a healthy development of that policy in the future.

In this connection it may be said that in the matter of adjusting the exact political relations which should exist between the United States and Porto Rico, care should be exercised not to be impressed too deeply by the contentions of the extremists; there is indeed an undeniable flexibility and ease in the present status of the island which permits the United States to deal with it in the manner best calculated to promote its own interests and the welfare and happiness of the Porto Rican people, until a later time when the changes, the fruits of the present upheavals, are all accomplished and the world has again settled down to its ordinary routine of life; when we of the present generation or our posterity shall know what is best.

In the meantime, however, the situation does give rise to very important problems of government. Porto Ricans in the first place should be made to feel that they are not American citizens merely by name; they should be made to feel that they have been really taken into the great American family; and in view of the wonderful record made by the island in the last twenty years, under the Stars and Stripes, nothing less than complete self-government in local matters and an adequate representation in Congress should be accorded to them as a token of confidence in their ability and appreciation by the American people of their loyalty and devotion to the United States. In determining our policy in Porto Rico we should, moreover, look upon that island as something very valuable over and above the material considerations of military and commercial advantages which are derived by this country from its physical possession and control.

If we are to use our opportunities in Porto Rico, we should deal with it as an experimental field for the development of a far-sighted colonial policy aimed at a closer Union of the different parts of the American Empire, appealing to the natural aspirations of the people by making membership therein desirable, and serving at the same time as a means to test the capacity and disposition of the people for their ultimate admission into the Union as a State thereof, on an equal footing with the other States. And in the furtherance of that policy, American colonies and dependencies should be given an adequate representation with voice and vote in both Houses of Congress with such limitations or restrictions as should be deemed advisable or expedient.

The potential scope of the doctrine of incorporation laid down by the Supreme Court in the Insular cases could easily be extended so as to facilitate the working out of a constructive formula along this line of progress.

44 See note 22, supra.

EDITORIAL COMMENT

THE PEACE TREATIES

The contractual stipulations of the three peace treaties between the United States and Germany, Austria and Hungary, respectively, are comprised in two articles in each treaty which are so nearly the same in all that the following comments on these provisions in the German treaty will apply equally to the others.

By Article I of the treaty with Germany that Government undertakes to accord to the United States and agrees that the United States shall have and enjoy all the rights, privileges, indemnities, reparations or advantages specified in the Congressional Peace Resolution, by which resolution the United States reserved to itself and its nationals "any and all rights, privileges, indemnities, reparations or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 11, 1918, or any extensions or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have become rightfully entitled; or which under the Treaty of Versailles have been stipulated for its or their benefit; or to which it is entitled as one of the Principal Allied and Associated Powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise."

Article I further provides that the United States shall fully enjoy all the rights and advantages stipulated for its benefit in the Treaty of Versailles notwithstanding the fact that such treaty has not been ratified by the United States.

No qualification or limitation is imposed by this treaty upon the enjoyment by the United States of any of the broad rights and powers reserved to it by the Peace Resolution, but with a view to defining more particularly the obligations of Germany under Article I with respect to certain provisions of the Treaty of Versailles, Article II of this treaty specifies:

(1) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV, and XV. The United States in availing itself of the rights and advantages stipulated in the provisions of that Treaty mentioned in this paragraph will do so in a manner consistent with the rights accorded to Germany under such provisions.

(2) That the United States shall not be bound by the provisions of Part I of that Treaty nor by any provisions of that Treaty including those mentioned in Paragraph (1) of this Article, which relate to the Covenant of the League of Nations, nor shall

the United States be bound by any action taken by the League of Nations, or by the Council or by the Assembly thereof, unless the United States shall expressly give its assent to such action.

(3) That the United States assumes no obligations under or with respect to the provisions of Part II, Part III, Sections 2 to 8 inclusive of Part IV, and Part XIII of that Treaty.

(4) That, while the United States is privileged to participate in the Reparation Commission, according to the terms of Part VIII of that Treaty, and in any other Commission established under the Treaty or under any agreement supplemental thereto, the United States is not bound to participate in any such commission unless it shall elect to do so.

(5) That the periods of time to which reference is made in Article 440 of the Treaty of Versailles shall run, with respect to any act or election on the part of the United States, from the date of the coming into force of the present Treaty.

The provisions of the Treaty of Versailles, which are mentioned in subdivision (1) of Article II, above quoted, as those defining the rights and advantages stipulated in that treaty for the benefit of the United States which it is intended the United States shall have and enjoy, relate to the following subjects:

Section 1 of Part IV.-German colonies, embodying Germany's renunciation of her former overseas possessions in favor of the five principal Allied and Associated Powers.

Part V.-Military, Naval and Air Clauses, containing provisions for the establishment of inter-allied commissions of control over Germany's military, naval and aeronautical establishments as limited by the treaty.

Part VI.-Prisoners of War and Graves Clauses, relating to the repatriation of prisoners of war and interned civilians and the care of the graves of soldiers and sailors buried in enemy territory.

Part VIII.-Reparation Clauses, providing for the constitution and powers of the Reparation Commission in which the United States is entitled to permanent membership.

Part IX.-Financial Clauses, dealing with the application of Germany's assets to the payment of her liabilities under the treaty.

Part X.-Economic Clauses, dealing with commercial relations, previous treaties, debts, property rights and interests, contracts, prescriptions and judgments, mixed arbitral tribunal, industrial property, and social and state insurance in ceded territory.

Part XI.-Aerial Navigation Clauses, imposing obligations upon Germany with reference to the rights of aircraft of the Allied and Associated Powers in and over German territory until January 1, 1923.

Part XII. Ports, Waterways and Railways Clauses, relating to international transit through German territory.

Part XIV. Guarantees Clauses, providing guarantees for the execution of the treaty.

Part XV.-Miscellaneous Provisions, including a provision barring and extinguishing completely all pecuniary claims on the part of Germany or

her nationals, based on events which occurred prior to the ratification of the treaty, against any Allied or Associated Power.

The effect of this treaty, therefore, is to reserve to the United States all of the rights and advantages defined in these clauses which are of benefit to the United States, thus putting the United States on an equal footing with the other Allied and Associated Powers with respect to the exercise thereof so far as Germany is concerned.

In view of the circumstances out of which this treaty arose and the conditions which it was designed to meet, it may fairly be assumed that, like the Congressional Peace Resolution, it is based on the legal position that the victorious Powers in the war acquired certain rights against Germany which were recognized by the Treaty of Versailles and enured to the benefit of each of the belligerents by virtue of their participation in the war, irrespective of whether or not they participated in the Treaty of Versailles.

The United States has definitely adopted that position and, as stated in an editorial in this JOURNAL1 on the Congressional Peace Resolution, which applies equally to this treaty, a reservation of these rights is notice to all concerned that the failure of the United States to ratify the Treaty of Versailles, and the making of peace with Germany independently of that treaty "was not intended to waive or relinquish these rights, so that the Allied Powers would not feel at liberty to dispose of the assets of Germany and arrange their commercial and financial relations with Germany without regard to the interests of the United States."

The Provisions of Part I of the Treaty of Versailles mentioned in subdivision (2) of Article II of this treaty comprise the Covenant of the League of Nations, and the United States now definitely provides that it shall not be bound by them, but it reserves to itself entire freedom of action for the future by the further provision that any action taken by the League of Nations or by the Council or Assembly thereof may become binding upon the United States if it expressly gives its assent thereto.

The provisions of the Treaty of Versailles mentioned in sub-division (3) of Article II of this treaty, with respect to which the United States stipulates that it assumes no obligations, relate to the following subjects:

Part II.-Boundaries of Germany. Part III.-Political Clauses for Europe. Part IV, Sections 2 to 8, relate to the disposal of Germany's former interests in China, Siam, Liberia, Morocco, Egypt, Turkey and Bulgaria, and the renunciation in favor of Japan of all her rights, title and privileges in Shantung. Part XIII comprises the Labor Sections.

On October 18, 1921, the Senate of the United States, in the exercise of its constitutional prerogative, adopted a resolution advising and consenting to the ratification of this treaty, seventy-two Senators being recorded

1 Issue for July, 1920, p. 384.

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