The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-24
THE PHILIPPINES.
Why the Proposed Treaty Should be
Modified or rejected by the Senate

| Editor Of The Times:
Slr.-The proclaimed purpose Of the war
| upon Spain was the Liberation Of khe
| struggling Cubans. The cruel warfare
! being waged by Spain to subdue them.
| and the suficrings incident To il, must
| bee stopped. this state of things trans
| piring right at our doors would be no
| longer tolerated. Spain must forthwith
cyacuate the island. ana leave the Gu
bans To possess and enjoy 1t unmolested.
| II SPAIN as summarily demanded OF
her. had Withdrawn her forces and aodl-
! Gated her dominion in Cuba, the United
States would not then have gone to war
| and the Cubans would have been the sole
| arbiters of their own destinies. The
United States would then have had no
| pretense OK right: they would. indeed.
] have been without the aimsiest pretext,
| for Introducing military forces and ap-
| pointing military governors and eslab-
| fishing military rule in Cuba, and over
| the Cubans. who were declared to be free
and independent.
| The President was authorized 20 use
| the land and naval forces of the United
states. and the militia OF the states
10 such extent as necessary. for the pur-
| pose of enforcing the demand that Spain
| should at once relinQuish her authority
draw her land and naval forces. SPANS
refusal TO comply with this demand made
| it necessary and proper for the President
20 exert its authority given him to en-
force his compliance. lie did use, and
| easily enforced her abdication ard with
drawal OF forces
When this object was attained. the
only reason for investing the President
with authority TO use force ceased to
exist. He certainly was not invested
with authority TO use the military forces
OF the United States 20 make conquests.
ANY disposition or intention TO exercise
sovereignty. jurisdiction or control over
Cuba" even. except Cor its Pacihcation,
was expressly disclaimed by the United
States While Spain contested for SOW
ercignty and control, there could be no
pacihcation N the island. But the end
ing OF the contest by the expulsion OF
Spain. and the REIMBURSEMENT by her OF
all sovereignty and dominion, of itself
brought about that pacacatiOn Of the
island, the United States undertook 10
effect. and should leave the Cubans to
enjoy. in thcir own unfettered way, that
freedom and independence which the
resolution bf Congress declared they
were Of right entitled TO.
while the war was flagrant. 1t was, un-
der the law Of nations, iustifable 10 at
tack the enemy i'm all vulnerable places
for the purpose Of weakening him and
more readily and safely attaining and
securing the object of the war. But the
attainment and securing that object
.lnisned the only justification for such
assaults. II any Interior motive prompt
ed tngiu II ambition or vengeance, con-
quest CT booty, was at the bottom OF
them. then they were not justified either
by the Iaw of nations or the declaratory
act of Congress.
No one will be hardy enough to contend
that Congress. in adopting the declara-
tory act of April 49, 1898, had in mind the
conquest. even of Porto Rico, much less
the conquest Of the Philippines. No one
will be hardy enough 10 assert his belief
that Congress would have adopted those
resolutions IL the purpose OF such con-
quest had been supposed 10 be concealed
in them.
Where. then. could the President derive
authority for instructing his Paris COM
missi0aeFs 10 make the cession by Spain
of these islands n condition OF peace?
The power 20 declare war certainly en-
braces the power to define the purpose
and object OF the war Congress alone
possesses this power. To repeat. there
fore that when Spain was ready and
willing TO comply with the demand OF
Congress and withdraw from Cuba. the
President was utterly without rightful
power 20 continue the war or to exact
from her as a condition 20 the suspension
of hostilites. the cession or rerunciation
OF her dominion In any other OF her ter
ritories or colonies. Such exaction was
altogether unwarranted by the resolu-
lions of Congress, which constituted his
chart; and It was equally forbidden ~