Is the Paris Treaty Null Ab Initio as to the Cession of Puerto Rico 7 Revista Juridica de la Universidad de Puerto Rico 1937-1938

7 Rev. Jur. U.P.R. 75 (1937-1938)
Is the Paris Treaty Null Ab Initio as to the Cession of Puerto Rico

handle is hein.journals/rjupurco7 and id is 93 raw text is: IS THE PARIS TREATY NULL AB INITIO AS
TO THE CESSION OF PUERTO RICO?'
Por el Dr. Jose L6pez Baralt
Miembro del Colegio de Abogados de San Juan.
Al Hon. Angel R. de Jesis.
THE Paris Treaty having been signed in 1898 and having
effected in law as well as in fact all the changes con-
templated by it without any complaint as to its vali-
dity by either of the High Contracting Partitts, it seems
that any question concerning its nullity is purely academic.
Concededly it is. Nevertheles3, there is a point which pre-
sents an interesting subject of study in respect to the va-
lidity of the Treaty, in so far as its provisions might have
been at variance with what we should call the constitutional
relationship already in existence between Spain and Puer-
to Rico.
Spain granted to Puerto Rico, on November 25, 1897,
an autonomous constitution1 which for once did away with
the despotism the island had suffered for nearly four hun-
dred years. A governor-general, appointed by the King, was
to represent the Spanish Crown in the colony, and was to
exercise all executive authority. He was to appoint a mi-
* Este ensayo es sd1o un fragmento de la disertaci6n doctoral del au-
tor, presentada a la Facultad de la Escuela Graduada de Derecho de
la Universidad de Cornell. Escrita originalmente en inglds, el autor
no ha podido robar tiempo a sus tareas profesionales para traducirla
al espafiol. Si por ello fuese necesario pedir la condescendencia de los
lectores, ahora lo hacemos.
(1.) Constitution establishing self-government in the Island of
Cuba and Porto Rico, promulgated by Royal Decree of November 25,
1897; (Translation) Washington, Govt. Printing Office, L899.

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