3
Enclosure
Q. Has there been any Act of Congress incorporating the Philippine Islands iuto the United States?
300
refer.ash
part of the United States and that they my opinion that these words "constituent tion of the United States.
are also within the territorial iurisdic- A. There has been no Act giving the part of the United States "
I am of Philippines a general status other than regards Section 25 to foreign dependen opinion that it is not necessary for the
prosecution to prove that of an unorganised territory except, cies and to foreign dependencies alone. I
more than this. certain Acts which extend certain laws would at this stage refer to a portion Evidence was put forward by the defence relating to the organized territories and of the judgment of Sir Francis Piggott respecting the question of citizenship, States to the Philippine Islands.
on page 143.
naturalization, the wording of certain "It is conceivable that a Q-Has there been any Act of Congress distant Island might be so incorporated treaties and the construction to be placed definitely making the Philippine Islands as to form an integral part of the terri-thereon and other questions. Having a part of the United States?
tory of the United States: it is equally regard to my views as to the construction to be placed on the Act, I am of opinion A.-There has, with certain limitations. conceivable that it should be treated asi Q. What are those limitations?
a separate country altogether under the that these questions are not relevant to the issue before the Court. My decision A.-The Sovereignty of the United Sovereignty of the United States: some- States is exercised over territory which thing that is quite different from
with regard to Point 1 is therefore has various relations to the Sovereignty. Colony as we understand it." The late against the defendant.
I shall now deal with the second and Among the classes of territory covered by Mr. Justice Stephens in his "History of this Sovereignty are the States themselves the Criminal Law of England," in Vol.third points. The second point was that which have a direct voice in the Govern- II., page 67, refers to the Extradition
documents were not properly ment of themselves and of the territories Act of 1870 as follows:-
authenticated. and the third point was of the United States.
The Act of 1870 is singularly ill arranged there was no evidence of an extradition Another class are the organized terri-It nowhere enacts in terms that the persons crime. These two points were taken tories which have no direct voice in the charged with certain offences may be sur-together. Mr. Brutton admitted that if Government of the country as a whole rendered. This, which is the leading object the documents were properly authenti- and have a limited voice in their own of the Act, is effected in the following round-cated there
was on the face of such
?
11
રી
ૉ
a
the
Mr. Islands in the same
The
Government, and a third class is that of about way. Section 6 enacts that "where documents a sufficient prima facie case the unorganized territories which have this Act applies in the case of any foreign made out against the defendant with no voice in the Central Government and State, every Fugitive Criminal of that respect to the crime of abduction. have a very limited voice (if any) in their State who is in England shall be liable to crime of abduction is one of the crimes own Government.
Both classes of terri-he apprehended and surrendered." Section set out in the first schedule to the Act tories are governed directly or indirectly 26 defines a "fugitive criminal" to mean by the Congress of the United States. a person accused of an "extradition crime," and is also one of the crimes to be found in the Extradition Convention signed at Congress extends to these territories such An "extradition crime" is defined by the political powers and such laws of the same section to mean a crime which if com- Washington on the 12th July, 1889. The United States as it wishes to extend. ́mitted in England would he erime documents put in were Exhibits 2 and 3. The full and absolute sovereignty over described in the first schedule, and this Exhibit 2 was the requisition. Exhibit ? these territories lies in Congress. Their schedule states what the crimes are. The consisted of 8 documents and were marked sovereignty is exercised all the way from whole Act has thus to be searched through 3 to 3h. Document 2 is a requisition by a Resolution directing the President of before the meaning of its leading enactment the Consul-General of the United States the United States to take possession of can be ascertained, and that section intro-jin Hongkong upon the Hongkong Govern- territory obtained by Treaty or other duces the subject in the way of a hint. ment for the Extradition of the defendant wise, to organizing such territory with The Section (3) which says that in certain to the Philippine Islands. Documents 3 full municipal powers representing all cases suspected persons are not to be sur-are a copy of a record of conviction of rights, privileges, immunities and powers rendored precedes the Section (6) which lays the defendant and order of arrest. guaranteed by the Constitution of the down or rather gives the first hint of the Exhibit 3a nurports to be a cony of the United States or by laws passed by Con- principle which determines when they are judgment of conviction of the defendant gress. In the case of the Philippines, to be surrendered. The exception pre-jof the crime of abduction in the Court the Islands were in the possession of the cedes the rule. Military Forces of the United States at drawn that on a first reading it produces on District of the Philippine Islands at Cebu Moreover, the Act is so of First Instance for the Eleventh the time Spain ceded such territory to the mind the impression that it is entirely the Emediates.
on the 21st December. 1906. The Islands were devoted to details of procedure. The most
Exhibit 36 governed by the Military Authorities of important provision of all is put in
purports to be a cony of the final judgment the United States and the Treaty of, schedule.
of the Supreme Court of the Philinnine Cession merely confirmed the possession I propose to adopt the view of
case. Exhibit 3r which the United States already had, and Justice Stephens with respect to the con-
Jourports to be a copy of the sentence of powers which the United States was struction to be placed on the Act 1870. the said Supreme Court upon the said last- already exercising. In an Act approved would also call attention to Section 26 named judgment given December 3rd, 1907, 2nd March, 1900, the Congress of the of the Act with respect to
the Exhibit 37 nurnorts to be a certificate by United States provided that all military definition of "Fugitive
Criminal," the Chief Justice of the said Supreme civil and judicial powers necessary, to which is as follows: The term Court under the seal of the said Court govern the Philippine Islands acquired Fugitive Criminal' means any and over the signature of the Chief by the Treaties concluded at Paris on the person accused OF convicted of any Justice of the said Court. Exhibit 36 10th day of December, 1898, and at extradition crime committed within the purports to be રી certificate by the Washington on the 7th day of November, Jurisdiction of any Foreign State who is Executive Secretary for the Philippine 1900, shall until otherwise provided by in or is suspected of being in some part Islands under the Great Seal of the Congress be vested in such person and of His Majesty's dominion." shall be exercised in such manner as the
Philippine Islands and over the signature I would also call attention to Section of Frank W. Carpenter. Executive Secre President of the United States shall direct for the establishment of Civil Gov 17 sub-Section 1 of the Act, which is as tary of the Philippine Islands. Exhibit follows:-- “The requisition for the sur- of purports to be an order of arrest issued ernment and for maintaining and protecting the inhabitants of the said render of a Fugitive Criminal who is in by the Judge of the Court of First
or suspected of being in Islands in the free enjoyment of their son may be made to the Governor of that Instance for the district aforesaid for the liberty, property and religion. From
British possession by
of the defendant dated any personapprehension time to time Congress has extended the operation of various laws of the United recognized by the Governor, as a Consul-January 17th, 1913, signed by Adolph General. Consul or Vice-Consul or (if Wislizenus, Judge of the said district, and States such as those for Extradition and the Fugitive Criminal has escaped from, under the seal of the said Court Exhibit Rendition of Foreign Criminals. It has passed various Acts for the Government the Colony or dependency of the Foreign nurports to be return by the Sheriff of the Philippines such as that establish State on behalf of which the requisition of the Province of Cebu unon the said is made) as the Governor of such Colony order of arrest sworn to by the Sheriff on ing a system of customs duty in the
the 17th day of January, 1913, before the Philippines. The absolute control of the or dependency."
Mr. Anderson has given evidence to the said Judee under the seal of the said Philippines is the Congress. There is no
Exhibit 3 nurports to be a Sovereignty in the Philippines outside effect that the Philippine Islands are Court.
neither a Colony nor a dependency. The certificate by the said Executive Secretary The that of the United States.
requisition in this case was therefore under the Great Seal of the Philippine Philippines have no voice in the Govern rightly made by him as a Consul-General Islands and over the signature of the said ment of the United States except that of the United States.
Carpenter as such Executive Secretary. they have two delegates in the Congressi I would also call attention to Section
Document 3′′ is not sjøned. It is a copy. of the United States, and there are other X. of the Ashburton Treaty 1842. which ist, disabilities applying to such territory, but as follows"X. It is agreed that Her The Certificate to Exhibit 2a is not signed. with these limitations they are a part of Britannic Majesty and the Inited States. It is a conv showing that the original was the United States. Mr. Anderson also shall non mutual requisitions by them signed. There is no seal on 30, and 36 is gave evidence as follows:-"I gave evi-į
for their ministers, officers or authorities not signed nor is it sealed. dence in the Police Court (in the former respectively made deliver up to Justice signed nor sealed. The rest of the docv- proceedings) that the Philippine all persons who being charged with the ments are signed and sealed. Exhibit 3/ Islands was not a Colony nor dependency, crime f murder or assault with intent which is the certificate of the Chief but that it was a constituent part of the to commit murder or piracy or arson of Justice, is as follows :—
of
""
British posses-
United States of America for Extradi-robbery or forgery or utterance of forged tion purposes. Whether Mr. Anderson papers committed within the jurisdicțion when he used the words "constituent parts of either shall seek anv asylum or shall of the United States of America" was be for id upon the territories of the referring to Section 25 or not I an other."
United States of America. Philipnine Islands,
City of Manila.
3 is neither
S.S.
I. Cayetano S. Arellano. Chief Justice of
are
unable to say. It is obvious what hel I am satisfied on the evidence which the Supreme Court of the Philippine Islands. meant was that the Philippine Islands has be adduced by the prosecution that do hereby certify that the foregoing were an integral part of the territory of the Philippine Islands are an integral true, perfect correct and complete copies in the United States. I had already given
English of the sentence by the Court of First
..
X