SOTTO
CASE.
299
THE DEFENDANT DISCHARGED.
"l
SUCCEEDS ON THE PLEA OF RES JUDICATA.
of the crime of abduction at Cebu.
United States.
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<< With
to
16
and
which had each of
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in 1821
as
made by Congress, all the military civil and regard to foreign colonies, EXTRADITION Section 25 provides that "every Colony, judicial powers exercised by the officers of the existing Government should be vested dependency, and constituent part of a Foreign State" is to be deemed within in such persons and exercised in such manner (The Act the jurisdiction of and to be part of such as the President should direct. Foreign State, except where expressly men- of Congress with respect to Florida passed
an was put in as It would
exhibit.) On tioned in the Act as distinct. seem, therefore, that in the case of a fugi-March 30th. 1822. Congress passed the Act territorial Government in tive from a foreign Colony to the United establishing a Kingdom, the requisition is to be made in Florida (chapter 13 of the first session of Mr. F. A. Hazeland, the First Magis-the usual manner by the diplomatic repre- the 17th Congress). Florida continued to trate, delivered his decision on Saturdavisentative of the Foreign State, and not the be a territory until 1845, when it was ad- But where the fugitive mitted to the Union. Roughly speaking. in the case in which the Government of colonial Governor.
from a foreign Colony is in a British Colony, that has been the course pursued by the the Philippine Islands sought the there is an express distinction made by the United States with all its territorial acquisi- extradition of Vicente Sotto, the editor Act. The section is so drafted that it seems tions hitherto; that is, a temporary Govern- of the Philippine Republic, to the Philip doubtful whether the requisition could be ment has been established in the first place. made to the Secretary of State by the which has continued for longer or shorter pines, alleging that he had been convicted diplomatic representative in England, and by periods until the people of the United States him forwarded to the Governor of the have tentatively expressed a promise later to admit to the Union by authorising a Colony." The following is the full text of the The marginal note to this paragraph is territorial Government. During this first judgment:
Foreign Colonies," and Sir Francis period the territory is called for conveni- The defendant, Vicente Sotto, was Piggott makes it very clear that the words fence an unorganised territory, in distinc- charged before me under the Extra-in Section 25 every Colony, dependency tion from the regularly organised territories, dition Act 1870 of being convicted and constituent part of a Foreign State "which is the second period of evolution into The Philippine Islands were of the commission of the crime of abduc refer to Foreign Colonies. I may men-Statehood.
first by military tion at Cebu in the Philippine Islands tion
not Jacquired from Spain, Sir Francis Piggott does within the jurisdiction of the United mention Section 25 in his judgment in occupation and finally by the Treaty of After the Treaty of Paris and until States of America. Mr. Hodgson, Crown the Habeas Corpus proceedings. I now Paris. Solicitor, appeared for the prosecution propose to refer to the evidence given at March 2nd, 1901, the source of Government and Mr. Brutton for the defence. At the the trial. Mr. T. C. Welsh, Assistant in the Philippines was the President of the On the last date Congress conclusion of the case for the prosecution Executive Secretary of the Philippine United States. Mr. Brutton, solicitor for the defendant, Islands, was called as a witness for the passed an Act by way of a proviso in an applied for the
an Appropriation Bill, chapter 803 of the 56th discharge of the prosecution. Mr. Welsh is also defendant on the grounds that admitted Barrister of the Federal Court. Congress, which is commonly known as the the Crown had NOT made ent
their His evidence as to the political status of Spooner Amendment, providing that all mili- case against the defendant. The first the Philippine Islands in relation to the tary, civil and judicial powers necessary to govern the Philippines should until other- ground alleged was that the prosecution United States was as follows:
United States is રી had not proved that the Philippine The
Federal wise provided by Congress be vested in such Islands were a constituent part of the Republic, originally consisting of thirteen persons and exercised in such manner
their the President should direct. At this point The second point was individual States
which was I would call attention to the fact that while that the documents were not properly independence authenticated. The third was that there sovereign and all of which at the time of the the Treaty of Friendship of 1819 provided was no evidence of an extraditable crime, adoption of the Constitution were united in for the future admission to citizenship of and the fourth was that under Section a confederacy, the central government of the inhabitants of Florida, the Treaty of 6 of the Habeas Corpus Act the matter which operated only upon the States and Paris specifically left the determination of was res judicata. The fifth point was not upon the citizens. By the adoption of the civil rights and political status of the that the Orders in Council have not been the constitution a central government was native inhabitants of the ceded territory to On July 1st, 1902, an Act was proved. This last point was afterwards formed which the individual States Congress. abandoned by the defence. I should here yielded their attributes of sovereignty with approved temporarily to provide for the ad- to some ministration of the affairs of Civil Govern- mention that the present defendant was respect to foreign relations and
for charged in April, 1912, with respect to extent with respect to their relations with ment in the Philippine Islands and extradition proceedings. The offence, each other, each retaining its sovereignty other purposes (chapter 1369 of the first which was that of abduction, was exactly with respect to the regulation of its internal session of the 57th Congress). The Philip- the same as the present charge. The affairs. By the constitution also the pines are still governed under the provisions It was held with respect to Magistrate (Mr. E. A. Irving) made an Federal Government obtained full powers of that Act. order committing him. The defendant and direct sovereignty over the citizens of Florida and it was held with respect to the
the provisions of was then brought up
About the time that the Philippines that on a Writ of the several States. Habeas Corpus and discharged by the constitution was adopted there was ceded Constitution do not all of them of their own Full Court. The case is reported in the by the several States to the United States force extend to newly-acquired territory of Hongkong Law Reports, Vol. VII., p.139. a large amount of territory the title to the United States, but that Congress has
provision I should now deal with the first point. which was claimed by the States. By the provisions as it may see fit. Congress has Mr. Brutton first referred me to Section constitution the Congress was given power among other things legislated
as to the 25 of the Act. Section 25 of the Act is asto regulate and govern the territory status of the inhabitants of the Philip- and other property of the United States and pines, granting them what is called 25.-For the purpose of this Act, every also the power to declare war. colony, dependency, and constituent part of making power was placed in the hands of Philippine Legislature to provide for the The treaty Philippine citizenship and authorising the a foreign State, and every vessel of that the Executive subject to confirmation by the naturalisation into Philippine citizenship; State, shall (except where expressly Senate, which is the Upper House of the it has extended to the Philippines most of mentioned as distinct in this Act) be Congress. deemed to be within the jurisdiction of and I have mentioned Congress has from time extended
By virtue of the powers which the provisions of the Bill of Rights and has other constitutional provisions. to be part of such foreign State.
to time provided various forms of govern- By Exhibit 13 it extended to the Philippine Mr. Brutton then stated "The Philip-ment for the territory which I have mon- pine Islands are not a Colony or tioned as well as for other territory which Islands the provisions of the Revised dependency, therefore the prosecution had come into the possession of the United Statutes with respect to extradition between must prove that the Philippine Islands States by treaty or by the voluntary offer the United States and foreign countries, are a constituent part of the United of the inhabitants of such territory. The and it follows that the provision of Article States."
instances of this are sufficiently numerous VI. of the Constitution, respecting the Mr. Anderson, Consul General of the to have established a customary rule of force of treaties, are in vigour in the United States, had given evidence to the practice with regard to the treatment of Philippines at least to the extent of extradi- effect that the Philippine Islands were such territory. The case of Florida, which tion. It would be seen from what neither a dependency nor a Colony. The was instanced in the cross-examination of said that if by a citizen one means a member question which I have to decide is what Mr. Anderson, furnishes an early example of a Civil State entitled to all the privileges is the construction to be placed on of the practice which has obtained
of such members the Filipinos are Section 25 of the Act, and also what is ince. In that case, after the cession by citizens of the United States. If, however, its scope and object. I am of opinion Spain the President succeeded the King of by the word citizen we mean a person that the words Colony, dependency and Spain as the source of government until owning allegiance to a sovereign and con- constituent part of a Foreign State Such time as Congress should exercise its versely entitled to the protection of that refer to dependencies and to dependencies constitutional function of providing a sovereign they are citizens. It follows alone and do not refer in any way to the Government of its own devising further that if by the words " incorporated parent Foreign State. If you look at the in accordance with the United States into the United States" we mean having last line of the section we find these! Corstitution and the Treaty, which been taken into the sisterhood of States and words "to be part of such Foreign In that case provided that the inhabitants given the status of a sovereign State and State." If the words "constituent part should be admitted to the privileges of member of a union the Philippine Islands of a Foreign State" referred to the citizens of the United States. I would say have not been so incorporated. If, however, parent Foreign State it would not be that the Treaty with Spain coding Florida the words mean taken under the sovereignty deemed to be part of such Foreign was in 1819. The President continued to be of the United States, receiving by right the State."
The scope and object of the the source of government in that territory protection of the United States, and having section is to make it quite clear that antil, in 1821, Congress passed an Acta local and practically autonomous form of Foreign State includes dependencies. authorising the President among other Government granted by the United States, Sir Francis Piggott in his work on Ex-things to take possession of and occupy the then they have been so incorporated." tradition refers to Section 25 in three territories of East and West Florida and I also propose to refer to the following places, on pages 164, 166 and 179. Pages providing further that until the end of the evidence given by Consul General Ander 164 and 166 refer to that portion of first session of the next Congress unlessson on cross-examination on the 16th Section 25 which relates to foreign ships. provision therefor should sooner ho June, 1913: The first paragraph, on page 179 is, as
follows:-
follows:-
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ever
power
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extend to
such
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A
not
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