CONSTITUTIONAL ASPECTS OF ANNEXATION. 313 restoration of peace. The President might have dissolved it by withdrawing the army and navy officers who administered it, but he did not do so. Congress could have put an end to it, but that was not done. The right inference from the inaction of both is that it was meant to be continued until it was legislatively changed. No presumption of a contrary intention can be made." ^ It should be noted that whatever may have been the position of California during the belligerent period of the provisional government, the country became a part of the United States upon its annexation and was thenceforth within the purview of the Constitution. There is but one way to rule the Philippines without annexing them, and that is by the authority of the President. In case the United States do not annex the islands by treaty their forces will nevertheless remain in possession after the passing of Spanish sovereignty. Our possession will be exclusive against the world. Internationally the Philippines will be United States territory, but something will remain to be done before they become domes- ticated — Congress must legislate for them. When this is done the country will be a part of the United States because it has come under their normal sovereignty. Until this is done the President will hold and control the islands in the absence of obstructive legis- lation by Congress. In these circumstances he may withdraw the forces and leave the country to its fate ; recognize a local govern- ment ; make a disposition of the islands by diplomatic arrangement or, with the consent of the Senate, by treaty; or continue his rule. He will be the arbiter of the Philippines by virtue of a possession begun under the authority of Congress and continued by its suffer- ance. In describing his powers as despotic I do not mean that they would be exerted with unnecessary severity, but simply that they would not be restrained by any law to which the islanders might appeal. (Whether, or how far Congress could guide the President's action in the Philippines by legislation directed to him or his American subordinates I do not discuss. ) Here is provincial frovernment and it may last during the forbearance of Congress. Such a government is only reconcilable with the principles of the Constitution as a temporary arrangement made advisable by the results of war. We cannot extricate ourselves from the Philippine entanglement with credit by simply withdrawing our forces. Our operations in 1 Cross V. Harrison, 16 Howard, 164, 193.
