New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-30
PHILIPPINE PROBLEMS.
6ENAToR LINDSAY. OF KENTUCKY DIS
CUSsES THEIR LEGAL ASPECT

r,,,,,,u KENNEDY. ON "TrIE STATE PUN
IsHMENT OF CRIMES" BEFORE THE
AMERICAN BAR ASSOCIATION.
Buffalo Aug. 29-Many delegates to the me-
ing NJ the American Bar Association Jo'"e"
E3elegates who were present yesterday VINE" '"'
session was resumed to-day -
The Aldermanic chamber OF the ."S 80
County Hall was filled with dis'ihs u'S"e'
yates and lawyers of note from nm, "a
r,ons of the country when Senator william LII.
say. OF Kentucky, was called upon ioi ITO
y,,ess The Senator spoke as folo"s'
cou,.oro,,, nrogress has no hating place. Com
vsrcn Is not the servant. but the master U it's
,ionsl policies They may cripple a or ohstrmctions
pS dictates the economic policies Of every "
Our country anqrds S an resulting from the
Spanish It is not howeyer 20 [ of mis- inter
estinr fact that | shall venture TO oirec' 'ou' "'
sen,ion ,,..,,.r ,s,ands through
ahe Joint resolution Of the two houses Oh SShV,r
and the acquisition OF soVeresS, v Of peace with
$pain. mark the Inauguration of new AneniC an
policy and raise for consideration supre'ne''
r,ortant Questions OF constitutional power, ,.,,,
At the meeting of this association last year douDt
ne nronety at that time discussing
fhe results OF the overwhelming victories on ianu
vnd sea which had attended our arms nut now
that peace has been restored. so FAR as the two
contendng nations are concertn,Td ne NO longer
smpnose The duty OF silence The problems offs the
future duties of the present demand ser%Ts
That discussion can R0whefe na assemagc
Of American lawyers whose object Is the advance
ment Of the science Of jqrisprudemce; y, Federal
power TO which exceptional prominence mas peen
given by the Joint resolution OF Congress and the
rea OF Pam rra5 we pr f the States and the peo
pie of States and those which affect our relations
the Declaration OF Independence the General Gov
ernmen; has had exclusive charge OF our foreign
relations
FUTURE OF THE PHILIPPINES.
While the treaty of peace with Spain was yet yet
rhat the acquisition OF sovereignty over the Philip
pines would impose the duty OF ultimately ere o,
ing States of their territory on the ground tha
all territory acquired by the Government except
such may he necessary for coa.ins stations ,ne
correction Of boundaries and similar Government
purpose of event1aliy organi%!ng 1t into states
suitable fOr admission into the Union.
with which This point was maintained the floors
OF Congress as well as IN us general GlSSuSs'o S
well as the deep impression the discussion has
made on the public mind. We may congratulate
passionate Investigations that we may here sepa-
rate questions of power and duty from considera-
infuence Of partisan politics, with judicial modera
tion and fairness, and in the light of contempt
raneous and established construction, we may ex-
anime the nature and extent of the conceded power
OF the Government to acquire territory. and of the
'sThe Consti ution confers absolutely on the Gov
eminent of the Union the power of making war
anent possesses the power Of acquiring territory
liverance of the Supreme Court the first
mis- great question Mr.. Jefferson doubted the ex-
5stence of the power when he treated for the pur-
chase OF Louisiana, but IL is now so universally
conceded as 10 render ii automatic.
In the absence of treaty stipulations creating It,
of the United States over the National territories
IN favor Of State that may or may not be organ;
into the Union. The United States are in law and
tories. and are chargeable with no trust in favor
of successors, which can only come into existence
ct their unrestTained discretion.
A DISCRETIONARY POWER.
The admission Of new States is ESSENTIALLY q
by Congress into the Union The grant implies
refuse as we'll as TO admit" 1t may be doubted
whether the discretion to refuse can be taken away
and tho war power is as absolute and unconditional
as the power 10 make treaties.
territories never to be admitted into the Union
that Congress may legislate for them without re,
lStrction. that they may be governed ny laws
fend regulations inconsistent with the principles OF
While the United States have supreme power over
the National territories and their inhabitants, and
al the 5Sgfd caeR 70 r any pS%sr
lions respecting them yet this sovereign dominion
IS to be exercised subject to the restraints expressed
IN the Constitution and in harmony with the Prin-
ciples of free institutions The inhabitants OF the
cally speaking. they are ~, the wards OF the general
Government without political rights or political
status. II rests with Congress to say whether any
of the people resident in territory shall exercise
rights U a g IN wen sTSn Ge ay be-
freely taken away. but notwithstanding all TINS.
the territories secured to them as to every Git
Sy ne he sEeSes o Slate and
Nstional"
The joint resolution that passed the Senate on
considered
By the House OF Representatives,, declares That
by the ratification of the treaty of peace with Spain
81 is not intended TO incorporate the inhabitants Of
the Philippine Islands into CITIZENSHIP OF the United
islands as an integral part Of the territory Of the
United States bu, it is the intention of the United
suitable to the wants and conditions Of the nhab-
eminent and in due time to make such disposition
of said islands as will best promote the interests
itants OF said islands" The general meaning OF
this resolution may not be clear but 1t is certain
stand the treaty TO contemplate the incorporation
OF The Philippine people into American citizenship.
integral part Of the territory OF the United States
UNDER THE PEACE TREATY.
The treaty Of Paris makes no provision for the
the Son on 9 dr The people Of the Philippines into
States 7, m om5 aSs 81 CITIZENS Of the Unit ed
treaty ceding Alaska that the civilized inhabitants
1ar .a at Goon!ry snail have the immunltles OF ctl-
Inc Inc native Inhabitants Of those countries are to
h hsVe civil rights and political status determined
ny congress, ana the power OF Congress Is unlirn-
Ited so ;ar as The treaty OF cession is concerned
except mat The Inhabitants are TO be secured in Inc
Hse exercise OF their religion. " ~
rnls rs legislative power In It's completeness and
teiectioh such power has never existed in the
cssisla'Ne department Of any OF the America \
states. and has never been claimed for Congress
TOT the common defence against foreign enemies
atu lot the promotion OF the general welfare when
snec'ea oy our external relations distinguished
tionl our domestic concerns legislative power In
Noneress is as comprehensive and complete as the
dure OF lts exclusive jurisdiction requires il 10 he
S,.' OF course, the scope of the authority the
SeaHs nag the power TO grant. AS free and indie
guIuent states they each had full power 10 levy
~, Sn9 conclude peace. and do ali other things
.ndt independent states may OF right do Their
to,Mer as 10 war ana peace and as to foreign AZ.
Government " ~ 'ne sehera'
Inc decLaration OF war against and the treaty Of