CO129-390 - Acting Governor Claud Severn - 1912 [5-6] — Page 10

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the matter is of extreme importance I feel sure His Excellency the Officer Administering the Government will take steps to ascertain whether that view is shared by the legal advisers of

the Secretary of State.

The last point in connection with the judg-

-ment is that Sotto set up the claim that the requisition was in fact made with a view to punish him for an offence of a political character. The evidence he adduced in support of the claim ap- -pears in the depositions and was dealt with in the judgment. The Court did not hold that it was proved. It seems certain however that no requisition was made until long after the fact that he was in the Colony was known to the Philippine Authorities or until after he had established in the Colony his somewhat violent journa the "Filipino Republic". I will say no more on the point now as I have no doubt the American or Philippine Authorities will be able to give assurances satisfactory to the executive that the re- -quisition has been made in all good faith.

I now come to a matter not dealt with in the

judgment, whilst the Habeas Corpus proceedings were pending the

United States Consul-General anticipating that Sotto might

possibly obtain his discharge on the ground that the requisition

should have come from him and not from the Governor of the

Philippines issued a second requisition in nis own name (this is the document on the file with the blue seal) and annexed thereto duplicate copies of the papers which had accompanied the first requisition. It is quite impossible to have Sotto re-arrested on this requisition. Apart altogether from the question as to whether the Philippines are a constituent part or a Colony or dependency of the United States and apart too from the question whether Sotto can raise the plea that he should not be twice vexed with regard to the same matter there is the fact which cannot be got over that the papers annexed to the requisition nave been held by the Full Court of the Colony not to have been duly authenticated according to the requirements of our law and this applies equally to the duplicates forwarded with the