The Law And Policy of Annexation With Special Reference to the Philippines Tog
The Law And Policy of Annexation With Special Reference to the Philippines Tog
Carman F Carman Fitz Randolph
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- Ross's Case, 140 U. S. 453, 464. THE ALIENATION OF THE PHILIPPINES 157 agreement will be maintained by the President like other treaty rights. Any legislation that Congress may enact in regard to the Philippines will be of an ancillary nature, based upon a general power to pro- vide the means for maintaining the lawful rights and obligations of the United States without regard to locality. This jurisdiction of Congress is not terri- torial jurisdiction in a foreign country. It is a power to b...e exercised in furtherance of rights lawfully ac- quired by the United States in that country. That is to say, Congress cannot impose its will on a Philippine state, because it is the legislature of the United States only, but it may aid in effectuating the rights defined by the treaty of protection. Its aid may take the form of new legislation : for ex- ample, an act creating an international court and de- fining its jurisdiction. More often it will be given by an appropriation of money, a precedent for which is found in the following item inserted for some years in the act making appropriations for the diplomatic and consular service : " For the execution of the ob- " ligations of the United States and the protection of " the interests and property of the United States in "the Samoan Islands, under any existing treaty with "the government of said islands and with the gov- "ernments of Germany and Great Britain, six thou- " sand dollars, or so much thereof as may be necessary, " to be expended under the direction of the President.
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