The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1898-08-05
NEBRAsKAs SENIOR SENATOR TAKES STRONG GROUND!
AGAINST ANNEXATION.
SAYS THAT IT IS DANGEROUS EUROPEAN IMPERIALISM
NOT IN FAVOR OF RETURNING TO SPAIN ANY TERRIToR,
LOST TO HER BY THIS WAR.
A Synopsis fthe Speeches of Senator Allen on This Important Subject
These Columns From Time to Time.

|AO w SAAAo AAlC llldL
the only way by which the United
States can acquire territory or other
property rights of a foreign power is
by the exercise of the treaty-makine
power Of the constitution.
And where does that power reside?
Certainly it is not found in the house
of representatives, for that body has
no more right, under the constitution,
to consider the question of annexation
than have the Judges of the courts or
the humblest private citizen Of the
land.
In speaking of the powers of the pres.
ident, the constitution says:
H shall have power, by and with
the consent of the senate, to make
treaties, provided two-thirds of the sem
ators present concur"
This is the sole and exclusive author
ity to enter into treaty stipulations on
behalf of h United States; and trea.
ties, 1t will be observed, must be initi-
ated or be begun by the president. The
senate can not do so. 1t can only lad
wise and consent" and when the presi,
dent has initiated a treaty with a for
eign government and submitted it to
the senate, h constitution requires
two-thirds of the senators present to
concur In order to give it life and vi
tally, while the house has no jurisdic-
ton over the subject matter whatever.
BY the resolution we are now consid-
ering, this power is to be ruthlessly
stricken down and the constitutional
safeguard ignored, If not absolutely de-
stroyed. The president has not initial
ed or begun the negotiations for the
treaty with the Hawaiian islands. He
has not ever advised it in a message;
but the lower house of congress, hav-
ing no more constitutional power to do
SO than the humblest citizen Of the
land, has passed the resolution we are
now considering, and is now insisting
adoption by a majority of the senate
will give 1t the force of law.
The exclusive right of the president
to initiate or begin q treaty Is destroy
ed by this proposition. The two-thirds
safeguard of the senate required by
the constitution is also destroyed, and
a new body appears upon the political
a treaty, or engage in treaty relations.
asserting a usurped power.
MI. President, 1t Is then declared by
the constitution that the judicial power
shall extend to treaties and that they
shall be regarded as the supreme law
of the land, Inc the judges in every
state shall be bound thereby. 1t is also
provided that no state shall enter into
any treaty, alliance, or considerations;
and these provisions are all that are
found in the constitution on the SUBJ
ject of the treaty-making power Of the
the United States in the president IN
senate of the United States.
MI. President, the constitution was
made to be observed, not to be violated.
1t is an irrevocable contract between
the United States Of the union, bind
ing on them as political entities and on
all citizens; and every individual is
bound by it's provisions and its Just
implication. And whoever would con,
sciously violate a provision of this in
strument, whoever would consciously
strike down or emasculate any Of its
provisions, would be guilty of moral
treason, and whoever would resist its
enforcement by armed rebellion would
be guilty of high treason under it's pro-
visions and subjected to conviction and
execution.
The constitution must not only, in the
nature Of things, be a grant of power,
but 1t must, to some extent, also be a
restraint on power, for laws, whether
primary or statutory, are more fire.
quently restrictive in their character
than otherwise. We restrain an indi-
vidual from h exercise Of a natural
right that order, harmony, and peace
may prevail in the state. 1t may, in
a state Of nature, be the natural right
of the strong to prey on the weak, but
in orderly and we'll regulated society
this right is restrained, and the strong
are required by punitive legislation to
respect the rights of the weak; and be-
fore the law Of this country all citi-
zens. regardless Of religious belief, sta
tion, or social. moral, intellectual, or
racial status. stand upon an equality.
Any other construction than this would
lead to anarchy, ruin, and national dis.
honor and social chaos.
Mr.. President, 1 submit to the candid
Judgment of the most earnest imperial
LIST the following propositions, which I
challenge him to successfully deny:
/. The constitution Of the United
States is a. grant of power that doe.
exist outside of its expressed pro.
visions n necessary implication. It
creates a government which cannot ex-
list otherwise and cOnfers on it certain
specific powers not expressly granted
or not necessarily implied or proper for
the execution of granted powers do not
exist and cannot be sconstitutionally
employed.
2. The constitution and the statutes
are territorial in their operation; that
Is, they can have no binding force or
operation beyond the territorial limits
OF the government in which they are
promulgated. In other words, the con,
stitution and statutes can not reach
GSAosS Tie territorial OunQarl OF the
United States into the territorial do
main Of another government and affect
that government or persons or property
therein.
A joint resolution If passed becomes
q statute law. 1t has no other or no
greater force. It is the same as it
would be IL it We're entitled "An act"
instead Of "A joint resolution" That is
It's legal classification. It is therefore
impossible for the government Of the
United States. hY statute nr Joint rAun..