The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-30
LIBERTY IS SURE
In PHILIPPINES
AMERICAN RULE BOUND TO
ESTABLISH 1T.
In an Address Before the American
Bar Association Senator Lindsay of
Kentucky Tears to Shreds the
Opposition to Our Governments
Course in the Far East.

IN the course or Whlch ne SAID:
1t is said to be inconsistent with the
fundamental idea Of free institutions
for this government to retain territory
under its imperial rule and deny the
people the customary local institu-
tions. But is it contrary to that idea
to retain such territory, securing to the
people all the customary local institu-
tions they may prove themselves COM
petent to administer, and all the civil
rights that free institutions are In
tended to protect?
While the United States have su-
preme power over the national terri
tories and their inhabitants, and while
all the discretion to legislative power
Is vested in congress for making rules
and regulations respecting them, yet
this sovereign dominion is to be eX-
erCised subject to the restraints ex-
pressed in the constitution, and in har-
mony with the principles of free insti-
tutions. We speak frequently of GER
tain individual or personal rights as
constitutional rights" because they
happen to fall within the protecting
influence Of some express provision of
the constitution. 1t does not follow
that other natural rights not so eX-
pressly protected are enjoyed at the
arbitrary will of the government. To
take them from the people is to con-
'i
ism. To leave them without the sane
tion Of the law, as administered by the
courts is to destroy the stability Of
free institutions. Those rights may
not be enumerated. but their preserva-
tion is none the less assured. AS said
by Mr. Justice Matthews, in 11Sth
United States: when we consider the
nature and theories of our institutions
of government, the principles upon
which they are supposed to rest, and
review the history of their develop
ment, we are constrained to conclude
that they do not mean to leave room
for the play and action of purely per-
sonal and arbitrary power"
Arbitrary power over life, liberty AMI
property exists nowhere in a republic,
not even in the largest majority. 1t
will not exist in the government OF
the United States, in the exercise of
its jurisdiction over the lives, liberty
and property Of the people of the
Philippines. and in providing for their
government it will not be necessary
to cOntravene the principles of the
Constitution or to override the Declar-
alton Of Independence.
THE RULE OF REASON.
Abstract truths and general princi-
pies are to be reasonably applied to
the affairs of life. especially to the af-
fairs of government. Conditions Of
hardship are to be ameliorated as cir
rumstances will permit. Men and wo-
men were held in slavery and deprived
of their civil and personal rights. in
each of the thirteen colonies at the
time their representatives declared
that all men are created equal; that
they are endowed by their Creator with
certain inaienabe rights. That among
these are life. liberty and the pursuit
of happiness The Constitution,
which was ordained twelve years af-
terwards, recognized the legal eXis.
tence of slavery and provided for the
arrest and return of fugitive slaves.
Mr.. Lincoln treated the freeing of
the slave as subordinate to the preser-
walton of the Union. A great contest
was being settled by the arbtrament
of war, and, in his opinion the slave
could await the progress of events for
the application in his behalf, of the
principle that liberty and he Dursnit
Of happiness are among the inalienable
rights. with which men are endowed
by their Creator The declaration as to
tho inalienable rights of men is none
the less true because slavery lived un-
der the American Union from 1776 "a
1856, and only ceased to exist at the
end Of war in which freedom came,
If not as a military necessity, as a
measure deemed almost indispensable
to military success.
FUNDAMENTAL DOCTRINE.
Commenting on the incompatibility
| Of slavery with the inalienable rights
| OF man, Henry Clay used the language
Of practical statesman, when he said:
"TI is a general declaration in the
| act announcing to the world the inde-
| rendence of the thirteen American
| colonies, that all men are created
| lual Now, as an abstract principle
there is no doubt of the truth of that
| declaration. and II is desirable in the
| original construction of society and IN
! the organized societies to keep 1t In
| view rs a great fundamental princi-
! pie. But then | apprehend that in nc
society that ever did exist, or ever
! shall be formed, was or can the equal
| ity asserted among the human race b.
practically enforced and carried out
This principle can not be literally
| enforced ir the adjustment of our re.
| latiOns with the Philippines, but the
| declaration is TO be kept in view as a
! great fundamental doctrine, control
! ling. as far as circumstances will per
nit, the organization and preservation
| Of orderly administration, though it,
| literal application may for the time b.
| denied. as our fathers denied it, Wher
it leads to anarchy and lawlessness ol
| renders stable and orderly government
In the way of establishing liberal in
! stitutions.
TO substitute the control Of the Unit.
| ed states for the control Of Spain IN
the Philippines to introduce American
| institutions in the room and stead Oi
Spanish methods; to replace absolute
| and unlimited power with the restrain
ing principles of Constitutional liberty
will not be to Contravene this grea
fundamental principle. 1t will be the
! first step In securing to the inhabitantE
| Of those distant countries the right I,
life, liberty and the pursuit Of happi
ness. II will be TO the people Of thcs,
islands the dawn of morning whicl
in Gods providence will ripen into
! day Of deliveTance from tyranny and
| oppression, at the hands of either {
foreign master or a homehred despot
PURPOSE OF GOVERNMENT.
To secure the inalienable rights o
man, governments are instituted, de
riving their Just powers from the con
sent Of the governed. Whenever tn
form Df government becomes destruc
tive of these ends It is the right o
the people to alter or abolish IT anC
to institute a new government. layin,
its foundations on such principles anC
organizing its powers i'm such form a
to them may seem most likely TO ef
feet their safety and happiness.
have not observed the use. in it's com
pleteness, of this clause of the Declara
tion of Independence in the argument
against the right and power Of In
United States to accept sovereigntl
over the Philippines through the ces
sion made by the Spanish treaty. 7,
the want of consent by the Filipino'
great Importance is given. Their wan
Of the opportunity to express consen
receives no consideration. We canno
presume that the offer of law an,