The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-18

nently disposed of in a way to give
the people local self government with
out abandonment of the sovereignty OF
the United States.
This nation will forever exercise it's
authority over the Philippines; control
the public lands, the harbors, ports and
navigable rivers, collect the customs
revenues, maintain its arsenals and
barracks and hold such reserves as it
wishes for its own use. 1t will move it's
troops over the territory just as it does
over the States of the Union, and will
provide all the regulations for COM
merce and navigation. and prescribe
the rules under which local self govern
ment is to proceed.
There are no limitations to our ma
tional sovereignty because all sovereign
nations possess equal rights and pow
ers, since national constitutions are not
known between them. Marshall declared
that the Government of the Union is
supreme within the sphere of it's action.
Livery great jurist since him has If
firmed the declaration, and the Supreme
Court has over and over again ex-
pressed ii.
They have all held that we have
the right to acquire by as wei,
as outside of the Constitution,
since it is a primary attribute Of
sovereignty, and this right to acquire
is not affected by the situs of the ac-
QUESTION. AS we have the right to ac-
quire there runs abreast with 1t the
right to hold and to govern. This doc
trine was enunciated by the immortal
Story, and has been repeated by every
great jurist and statesman since his
time and repeatedly affirmed by the
supreme tribunal of the land, as Mr..
Gardiner of New York in his able brief
on the subject has shown by citation of
all the cases.
All the questions, then, of acquisition
and of governing possessions are polit-
ical, not constitutional, and this prop
osition the courts have also settled, as
well as this other that there Is no
limitation upon the treaty making
powers of the United States through
the President and the Senate. Like
wise it has been the unbroken holding
that ancillary to this power is that OF
providing for the control and govern
ment of possessions acquired; that pro-
vision of the functions of government
for them devolve upon Congress.
So, too, as Wheaton has said in his
treatise, and as have the line of jurists,
we may dispose of possessions as we
please, the power to do so being the
corollary of the primary attribute of
sovereignty. So Congress can govern
the Philippines as organized or unor-
ganized territories, or as neither, as
mere possessions, subject to it's will
and grants of privileges, for all terri
tory subject to our Jurisdiction, said
Chief Justice Waite, and not included
In State, must be governed by or UNI
der authority Of Congress.
Congress may do this directly, as it
does for Alaska to-day, or indirectly
through such agencies as it may ap-
point or authorize the people of the
possessions to erect 1t has likewise
been the uniform holding-in fact. IL
never has been disputed except by the
Atkinsonites, in or out of Congress-
that the civil rights and status of in
habitants of ceded territory are those
guaranteed by treaty and conferred by
Congress, fact Mr.. Gardiner in his
famous brief dwelt upon and fortified
beyond dispute. Hence, If Congress
after ratifying treaty of cession
should do nothing more, the treaty
would be the measure of the civil rights
and political status Of the people Of the
coded territory.
1t follows that Congress may, as 1t
will, prohibit the immigration of the
Filipinos to the States. 1t may, as it
will, maintain such protective tariff be-
tween the Union and the possessions as
may be needful. 1t will, without slight
est infringement upon any right of the
inhabitants of the Philippines, provide
such regulations as will protect our in
terests. industrial, agricultural and
commercial
The Fflipinos will have and keep
every right they now have, and will
be the objects and recipients of benefi-
cence from us that will better them
morally, socially, politically and in
every other regard We find nothing.
therefore, obscure, alarming or to bor-
row trouble over in this matter of
philippine policy" AS a matter OF
course, it will be a subject upon which
opinion will divide, but the nation will
settle it wisely and well, without op-
preston of the Filipinos or injury to
American interests.
AN EXTRA SESSION. COMMERCE
AND PARTY DUTY.