Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-11-24
Pcssimistic hut Not TreasonabIe

FeSstn1tstc nut NOt Reasonable.
To the Editor of The Evening Star:
In your issue of yesterday you quote a
sentence from Il speech of Senator Hoar
to this effect. that If the United States
acquire the Philippine Islands 10 govern
them as a subject or vassal state the de-
strUction of the American republic will
date from the administration of William
Mckinley" After paying just tribute to
the craftsmanship and ability of Senator
Hoar, you proceed to say that he may
be sure that what he now says finds its
way promptly to Paris and Madrid and
gives thu Spaniards very great comfort and
stiffens their backbone in the negotiations
for peace You do not openly charge Mr..
Hoar with treason but you use a part of
the language in which the offense is defined
in the Constitution: and 1t is the same lam
guage which part of the newspaper press
has so extensively used since the begin
ming OF the Spanish war to silence the free
dom of speech-a right one supposed TO be
guaranteed by the organic law to every
American citizen, however humble or OBJ
scure. But does it not occur to you that
Mr.. Hoar is something more than private
citizen? He is a senator of the United
States, representing a people whose patriot
ism and devotion to liberty are beyond the
assaults Of mendacity itself. 1t was said
by the Romans, whose chief business was
war, until by it they lost their liberties,
their manhood and then their country, that
in war the laws are silent The lesson to be
drawn from their experience should instruct
us to remember one law at the least, to
Wit the Constitution of the United States.
Crder that instrument Senator Hoar is "A
part of the treaty-making power Of this
country. The President of the United
States has no power to declare war. That
power is vested in Congress alone. The
President of himself has no authority to
conclude the treaty of peace now in pro-
gress at Paris. If the President can wage
war without consent Of Congress he can
equally cause to be- prosecuted for treason
any member of Congress who raises his
voice against the act of usurpation when
once committed.
Congress did declare war against Spain,
but the declaration was limited one. Its
scope and purpose We're clearly defined. 1t
was to free the Island of Cuba from the
authority Of Spain, not for our use, but
for the use and enjoyment of its inhabit
ants. We not only proclaimed that the
people of the Island of Cuba are and of
right ought to be free and independent
but that the United States hereby dis
claims any disposition or intention to eXer-
else sovereignty, jurisdiction or control over
said island except for the paciication
thereof" The whole scope of the war as
declared by Congress (the only war-makng
power was that Spain at once relinquiSh
its authority and government in the Island
of Cuba and withdraw its land and naval
forces from Cuba and Cuban waters"
1t is barely possible that Senator Hoar,
Like many of his constituents. and like
some others in this country, who would de-
light to be represented by senators who
are not afraid of lingo whips, believes that
any war waged for purposes outside the
declaration of Congress is, in the language
of the lawyers. ultra wires, and without au-
thority or sanction of law.
The whole object of the war-the over
throw of SPANS authority in Cuba-is al
ready fully accomplished, and in two weeks
the last SDanish soldier will DrOha bV have
gone.
The question about which Senator Hoar
spoke is the acquisition and government OF
the Philippine Islands and a senator he
has right to speak, unless it be conceded
that the President, without the action or
authority of Congress, may wage war, and
then conclude treaties without the concur
renee of the Senate. The constitutional
provision is that he (the PresidenO shall
have power, by and with the advice and
consent of the Senate, to make treaties.
provided two-thirds of the senators present
CONCUR"
Senator Hoar is one of those senators
whose advice and consent must be obtain
ed before the result of the Paris confer
ence, now in session, can take the form of
a treaty. Senator Hoar may we'll believe,
as others believe, that constitutional safe
guards may have been better preserved if
the Senate Of the United States had been
called in session by the President and its
advice" asked before final instructions
were given to our commissioners. 1t is
quite likely that the advice of these SEN
ators. who at last must give their con
sent before this tentative work becomes
law, would have reflected the will of the
American people better even than the huz-
zahs of few popular meetings at the rear
end of a Pullman car.
In this I do not trouble myself to ap-
prove or disapprove the sentiments pro-
claimed by Senator Hoar L simply de-
mand that he has an undoubted right to
say what he did say without giving laid
and comfort to the public enemy. Free
dom of speech in America is worth more
than the Philippine Islands, more than
Cuba, more than all of Europe.
j. B. HENDERSON,
Sixteenth st. and Florida Ave