The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-12

that our troops are moving upon the
people of Tloilo. I introduce it as a
protest against the waging of war by
the president and the army and navy
without the authority of congress. /
think it is a fact indisputable that
war cannot be waged without a formal
declaration. In my OPINION there has
been no doubt that what possessory
rights We may have in the Philippine
islands we acquired from SPAIN
Mr.. Allen proceeded to discuss the
situation in the Philippines, and declar-
ed that the officers of the army and
navy We're pressing affairs forward in
the islands into a critical state.
He was interrupted by Mr.. Hoar, who
wished to inquire:
Where do we get the right to use
force against the people of Iloilo?''
Il would be glad to be honored by
the attention of the distinguished sem
ator from Delaware (referring to Mr..
Gray, one of the peace commissioners).
We made a protocol some time in Au-
gust" continued Mr. Hoar, under
which We are still living with SPAIN
Mr.. Hoar then read from the pro-
tccol, showing that the United States
would hold the bay harbor and city of
Manila until the disposition of the Phil
ippine islands should be determined.
That clearly implied" said Mr..
Eoar. that we will make no advance
upon Spain or the Spanish people on
the islands until the situation shah
have been changed. If now we have
the power to use the military forces
against the Filipinos, where does it
come from?'
Mr.. Gray, at whom the question Of
Mr.. Hoar seemed to be directed, rose
and said:
TECHNICALLY AT WAR
II wish to remark that the question
of the senator from Massachusetts, an
swers in part the question asked in the
remarks of the senator from Nebraska"
(Allen). AS to peace, Mr. Gray said
that technically we were at war with
Spain. 1t was true we were living
under a truce, but in conducting the
war the president was exercising the
powers conferred upon him making
war. He pointed out that the only
question that could arise would be
whether We, in making war On the
Filipinos, were violating the protocol,
which was made between the United
States and Spain, without reference to
anybody else
Mr.. Hoar said 1t was a breach Of
faith to attack Spain at Iloilo, and
bad policy to attack Aguinaldo.
Mr.. Allen replied to Mr. Gray, as
serting that Spain had no jurisdiction
in the Philippines, and that Aguinal-
dos government was the only govern
ment there. His government was both
a de facto' and a de jure government,
and it had maintained itself for sew
eral years. Therefore the United
States did not succeed to Spain's title
to the islands.
Mr.. Gray replied that evidently Mr..
Allen was laboring under misappre-
hension; this country was technically
at war with Spain until the peace
treaty was ratified. 1t was true that
active military operations had ceased.
and fer this reason the United States
was under the highest obligation to
maintain good faith in the observance
OF the terms of the protocol
Mr.. Allen spoke briefly in reply to
Mr.. Gray, reiterating his position and
asking for the immediate considera-
ton of his resolution.
Mr.. Gallinger objected and the reso-
luton went over.
MIR. FORAKER'S SPEECH.
Mr.. Foraker was then recognized and
proceeded to deliver his set speech on
the general question of the power TO
marks principally upon the Vest reso-
lution, incidentally giving attention to
Mr.. Mason's measure.
The resolutions, he said, were differ
ent propositions-the Vest measures
raised the question of power; the Ma
son resolution that Of policy. We had
been told by Mr. Hoar that the oues
ton of power was the most important
ever raised In the history of the gov
eminent. Mr.. Foraker did not agree
to this distum. On the contrary. II
had no importance whatever as a
question of practicable consideration
IL was g. moot question and nothing
mere The resolution expresses the
extreme view held by any one. and an
analysis of 1t was sufficient to demon
strate the progress that had been made
since the acquisition of Louisiana
Ihere was no precedent when Louisi
ana was taken in, and naturally there
were then many differences of opinion
on the various points involved. Mr.
Jefferson himself was not positive &C 70
his attitude on some points at issue
NOW 1t Is conceded, by the very terms
OF the Vest resolution, that the govern
nent has the power not only to
acquire territory, but that we NAV
also acquire territory to hold it. though
temporarily. This was a great sten
In advance since the DAYS of .Jeffer-
son, and inasmuch as 1t made the con-
cession it was of no practical fnport-
ance
On the other hand, the resolution
involved theoretical question OF vast
| importance. To adopt the resolutio,
was TO declare that our fathers had
brought forth nation that was in
1erlor to all other nations, regardless
OF the generally accepted theory that
| one nation was equal to another and
| all equally unrestricted. Among the
| powers of nationality are the no5.ars
| to make wars and to make treaties
rms is an inherent right Of nationaIi-
ty, and the government of the United
States has the same power that oil
other governments have. Our prerop
atiye is as great as that Of Great
Britain, said Mr.. Foraker. It beino
| true that we have the power to make
! war, and to enter into treaty agree
| ments, we logically have the mower
to acquire territory by conquest or
| otherwise, and to inherit all the con.