exequaturs. As to Cuba, a similar course may be permitted for the time being." Mr. Hay, Sec. of State, to Mr. Grip, Swedish min., November 17, 1898, MS. See, also, as to the provisional recognition of consuls in the Philippines, Mr. The diplomatic representatives at Washington of the various governments On the annexation of the Hawaiian Islands by the United States the laws of Hawaii for the registration of vessels ceased to operate, and the national character of Hawaiian vessels became American. Griggs, At.-Gen., Sept. 12, 1899, 22 Op. 578. By the act of April 12, 1900, in relation to the government of Porto Rico, the Commissioner of Navigation was empowered to make such regulations, subject to the approval of the Secretary of the Treasury, as he might deem expedient for the nationalization of all vessels owned by the inhabitants of Porto Rico on April 11, 1899, the date of the exchange of the ratifications of the treaty of cession, and which continued to be so owned up to the time of such nationalization, and for their admission to all the benefits of the coasting trade of the United States. By the joint resolution of annexation the public property of Hawaii, including the public lands, became vested in the United States, and the officials of Hawaii were thenceforth without power to convey a title, legal or equitable, to such lands. In this respect the resolution is to be considered as having taken effect on July 7, 1898, the day of its approval by the President, and not on Aug. 12, 1898, the day on which the ceremonies of the formal transfer of possession took place. Griggs, At.-Gen., Nov. 21, 1899, 22 Op. 627. S. P., Griggs, At.-Gen., Sept. 9, 1899, 22 Op. 574. It was advised that the inhabitants of the Hawaiian Islands, after annexation, were not entitled to the benefits of the United States copyright laws, in the absence of affirmative legislation by Congress. Griggs, At.-Gen., Dec. 2, 1898, 22 Op. 268. The power to dispose permanently of the public lands and property in Porto Rico rests in Congress, and, in the absence of a statute conferring such power, can not be exercised by the Executive Departments of the Government. During the military control of Porto Rico leave or license may be granted an individual to make temporary use of portions of the public domain. The grant of a right or privilege to exist in perpetuity, or as long as the conditions of the grant are fulfilled, for the erection of a pier at Ponce, Porto Rico, is beyond the power of the Secretary of War, and ought not to be made, Syllabus, Griggs, At.-Gen., July 26, 1899, 22 Op. 544. By Executive order promulgated by the general commanding the United States forces in Cuba, all grants and concessions of franchises and similar rights were forbidden to be made by any authority in the island, except upon the approval of the Secretary of War. Griggs, At.-Gen., March 25, 1899, 22 Op. 408. In affirmation of the policy declared by the Executive, Congress, by an act of March 3, 1899, directed that no property, franchises, or concessions of any kind whatsoever should be granted by the United States or by any military or other authority in the island of Cuba during the occupation thereof by the United States. While the power of Congress to control the Executive in the matter was doubted, yet it was advised that as the act was in harmony with the Executive. policy, it would be inexpedient to grant permission for the landing of a cable in Cuba, especially as the solicited concession was alleged to be in violation of the existing rights of another company. Griggs, At.-Gen., March 25, 1899, 22 Op. 408. On the cession of territory by one nation to another, those internal laws and regulations of the former designated as municipal continue in force and operation until the new sovereign imposes different laws and regulations. The laws which are political in their nature, and pertain to the prerogatives of the former government, immediately cease upon the transfer of sovereignty. Any inchoate rights or grants made by a municipal body in Cuba under Spanish sovereignty, which for their completion require the assent or approval of the Crown or its officers, in the absence of such assent or approval made prior to the treaty of cession, are ineffective and incomplete. In the exercise by the United States of the powers of municipal government, it may change or modify the form or constitutions of the municipal establishment, and in this exercise of sovereignty may provide the method, terms, and conditions under which internal improvements may be carried on, or forbid them to be carried on, although inchoate or even completed contracts therefor have previously been entered into. Any rights of Dady & Co., for the construction of certain works in Havana, if vested, are preserved by the treaty of Paris. Syllabus, Griggs, At.-Gen., July 10, 1899, 22 Op. 526. "If Michael J. Dady & Co. had, at the time the treaty of Paris was signed, any rights under their alleged contract which can properly be called vested rights, those rights are undoubtedly preserved by the terms of the treaty." The continuance of military government in the islands ceded by Spain to the United States, after the exchange of the ratification of the treaty of peace, by which the cession was made, was in harmony with the theory previously accepted and approved by the executive, legislative, and judicial branches of the Government of the United States. Report of Mr. Magoon, law officer, Division of Insular Affairs, War Department, Oct. 19, 1899, Magoon's Reports, 11, 19. The views set forth in this report were approved by the Secretary of War, and were acted upon by the War Department in the government of the islands. 3. ON REVENUE LAWS. $94. On the cession of Florida to the United States the jurisdiction and authority of the former sovereign continued in full force until possession of the ceded territory had actually passed. It follows that an importation of goods into the Floridas after the cession, but previously to the delivery of possession, was an affair between the importer and the Spanish Government, of which the Government of the United States had no right to complain. But goods carried into a port of Florida before the delivery of possession, remaining in port on shipboard until after delivery and then brought into the United States, having never been entered in the Spanish custom-houses, would be subject to the revenue laws of the United States. 1 Op. 483, Wirt, 1821. When Florida was ceded to the United States and possession of it had actually been taken it was held by the Secretary of the Treasury, whose opinion was sanctioned by the Attorney-General, that, under our revenue laws, its ports must be regarded as foreign until they were established as domestic by an act of Congress. Fleming . Page, 9 Howard, 603. The mere fact that a territory has been ceded by one sovereignty to another does not open it to a free commercial intercourse with the world as a matter of course until the new possessor has prescribed by legislation some terms npon which intercourse may be conducted. Cross v. Harrison, 16 Howard, 164. "I understand the decision of the Supreme Court of the United States in the case of Harrison v. Cross (16 Howard, 164–202) to declare its opinion that upon the addition to the United States of new territory by conquest and cession, the acts regulating foreign commerce attach to and take effect within such territory ipso facto, and without any fresh act of legislation expressly giving such extension to the pre-existing laws. I can see no reason for a discrimination in this respect between acts regulating foreign commerce and the laws regulating intercourse with the Indian tribes. There is, indeed, a strong analogy in the two subjects. The Indians, if not foreigners, are not citizens, and their tribes have the character of dependent nations under the protection of this Government. As Chief Justice Marshall remarks, delivering the opinion of the Supreme Court in Worcester v. The State of Georgia (6 Peters, 557) the treaties and laws of the United States contemplate the Indian territory as completely separated from that of the States, and provide that all intercourse with them shall be carried on exclusively by the Government of the Union.' The same clause of the Constitution invests Congress with power 'to regulate commerce with foreign nations and with the Indian tribes.' "The act of June 30, 1834 (4 Stat. 729), defines the Indian country as, in fact, ‘all that part of the United States west of the Mississippi and not within the States of Missouri and Louisiana, or the Territory of Arkansas. This, by a happy elasticity of expression, widening as our domain widens, includes the territory ceded by Russia." Mr. Seward, Sec. of State, to Mr. Schofield, Jan. 30, 1869, 80 MS. Dom. Let. 220. When territory is acquired by treaty or conquest, or otherwise, its relation to the nation acquiring it depends upon the laws of that nation, unless controlled by the instrument of cession. In the resolution annexing the Hawaiian Islands Congress affirmatively indicated its intent that such laws as our tonnage-tax laws are to remain undisturbed until it shall provide a form of government for such islands, or until the commission shall advise and Congress shall enact legislation therefor. The fact that the Hawaiian Islands have been annexed to the United States does not relieve vessels from such ports from being considered as from foreign ports and as coming under the laws governing tonnage tax. Griggs, At.-Gen., July 22, 1898, 22 Op. 150. In territory held by conquest, the military authorities in possession, in the absence of legislation by Congress, may make such rules or regulations and impose such duties upon merchandise imported into the conquered territory as they may deem wise and prudent. The admission of merchandise into the ports of the United States from such conquered territory is governed solely by existing laws passed by Congress, and the President has no power to add to or detract from the force and effect of such laws. Merchandise from the island of Porto Rico introduced into the ports of the United States is by law required to pay the same duties that would be charged upon merchandise imported from a foreign country, and the President has no authority to alter or modify the laws under which such duties are required to be paid. Griggs, At.-Gen., Aug. 10, 1899, 22 Op. 560. In July, 1898, Porto Rico was invaded by the military forces of the The insular cases. United States under General Miles. August 12 a protocol between the United States and Spain was signed at Washington, which provided for the suspension of all hostilities, the evacuation of Porto Rico by Spain, and the negotiation of a treaty of peace which should include a cession of the island. (30 Stat. 1742.) October 18 Porto Rico was evacuated by the Spanish forces. December 10 a treaty of peace, by which the island was ceded to the United States, was signed at Paris. February 6, 1899, the treaty was ratified by the President and Senate; March 19, by the Queen Regent of Spain; and, April 11, the ratifications were exchanged at Washington. March 2 an act was passed by Congress making an appropriation to carry out the obligations of the treaty. April 12, 1900, an act was passed, commonly called the Foraker Act, to provide temporary revenues and a civil government for Porto Rico. It took effect May 1, 1900. It imposed certain duties on goods going into Porto Rico from the United States, or coming into the United States from Porto Rico, but provided that they should in any event cease on March 1, 1902, or sooner if the legislative assembly of Porto Rico should enact and put into operation a system of local taxation to meet the necessities of the insular government." Between the invasion of Porto Rico by the United States forces and the taking effect of the Foraker Act, duties were levied on commerce between the United States and Porto Rico as follows: In Porto Rico, from July 26 to August 19, 1898, under a proclamation of General Miles, continuing the former Spanish and Porto a By a proclamation of July 25, 1901, President McKinley announced that such a system had been enacted and put into operation. By the terms of the act of April 12, 1900, all tariff duties as between the United States and Porto Rico ceased from and after the making of the President's proclamation. |