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The Relations Between the United States and Porto Rico* Part II

Published online by Cambridge University Press:  04 May 2017

Extract

In approaching the discussion of the effects of the acquisition of Porto Rico as a result of the Treaty of Paris of 1899, we are confronted by one of the most difficult problems arising in the consideration of the relations between the United States and Porto Rico. The difficulty is due in a great measure to the absence of a positive, unequivocal and unanimous opinion of the Supreme Court in the decision of the so-called Insular Cases, which have given rise to so much doubt, uncertainty and difference of opinion among lawyers in regard to this vital subject.

If the acquisition of Porto Rico had been the only one made by the United States at that time, the problem would have been comparatively easy. It would have been enough, perhaps, to turn to the earlier precedents laid down by the Supreme Court to find sufficient guiding light and ample authority to arrive at a satisfactory solution. Congress itself, probably, would have rendered it unnecessary to appeal to the Supreme Court by doing complete justice to the people who had received the United States with such sincere demonstrations of rejoicing, friendship and affection.

Type
Research Article
Copyright
Copyright © American Society of International Law 1916

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Footnotes

*

Continued from the January, 1916, number, p. 65.

References

70 See Article III of the Treaty of Paris, supra.

71 Hall, op. cit.

72 182 U. S. 222.

73 This Journal, Oct. 1915, pp. 887, 900, 906.

74 Ibid., p. 911.

75 Ibid., pp. 908 et seq.

76 This Journal, Oct. 1915, pp. 901 et seg.

77 16 How. 164.

78 182 U. S. 1.

79 30 Stat. 151, ch. 11.