The times., 1899-02-12
THE PHILIPPINE PROBLEM.
The Views of the Honorable Jener-
son Chandler.

~ 10 u TedlILe THAT lucu VI
great learning. large experience, and ex-
alted patriotism differ so widely touching
the power Of the United States to deal with
its new territorial acquisitions, and also in
respect of the policy Of retaining what has
been acquired. Many good men stand ap-
palled at the civil consequences of the war
with Spain. These same men yielded to
the spell Of war in its inception and con-
fessed themselves delighted with the music
OF Deweys guns, and with the destructive
ness of our fleet off the Cuban coast. But
now that the war is over, many OF them
suffer more from the apprehensions of
peace than from the terrors of war. They
admit that the United States have in their
conflict with with Spain profoundly i'm
pressed the world with their genius, and
have in ninety days reached more COM
manding place in shaping the future OF the
world than could have been reached in
100 years of peace. They concede that all
the races Of men, during that ninety days,
were moved forward by American valor
and genius. The inspiration of the war
was the right OF self-government in the
people of Cuba. This country could not,
consistently with its institutions. antag-
oniZe such government. Its military power
could not constitutionally be implicated in
frustrating such government. The United
States have no jurisdiction to fight for or
set up monarchy in any part of the world
In the case of Cuba, we guaranteed sta
BILE government to the people thereof. The
Philippines, however, bear a different re-
lation to this country than that Of Cuba.
The United States have succeeded to the
sovereignty of Spain in the Philippine ISL
ands. and over the inhabitants thereof,
and as a consequence have taken up the
responsibility of establishing therein self
government consistent with the Constitu-
tion of the United States. Many people
shudder over the difficulties implicated in
the discharge of these duties, and doubt
the capacity and the legal right of the
United States to do it. No other nation
entertains any such doubts. All the sinis-
ter auguries given out and melancholy
forebodings expressed concerning our rela-
tion to the Philippines come from us alone.
Is not this singular? Is it not odd that
the American people falter on the heights
of an opportunity to lead in this worlds
business never before realized, and II neg
lected will not occur again?
Congress, under a great press Of timid-
ity, is besought by learned men who write
the fortunes of war and to let the Philip
pines go. Others say that it is dangerous
to bring the Philippine Islands and their
people under the operation of the Consti-
tuition OF the United States as part OF
American territory, but that colonial
system of government should be provided
for them resting upon the arbitrary power
of Congress-; that the inhabitants of these
islands should be treated as subjects, and
not as citizens, and that the territory
thereof should be no part OF the domain of
the Union. 1t must be conceded that to
reject these Islands now is impossible. The
Government cannot abandon them under
its Treaty with Spain, nor can 1t disre-
gard such Treaty without sacrifice OF the
respect OF the world. They cannot be
legally governed outside Of the Constitu-
tion as colonies. because the legislative
sovereignty of the Constitution cannot be-
get colonies The Constitution guarantees
only republican forms Of government. Con-
gress has no independent power to set up
governments from which the executive and
| judicial departments are excluded. the
Federal Government is a trinity consist
ing OF legislative, executive, and judicial
power. These constitute one government.
| One department thereof cannot detach it
nd oh nnA
without companionship with the others.
| Where one department operates. except IN
the treaty power, which is specialized, all
! operate. 1t cannot be that Congress by a
two-t thirds vote over the Presidents veto
| can set up an annex government in for
! eign land from the management of which
| the President of the United States is dis
missed altogether Congress cannot there
| in provide for its own executive, appoint
its own judges, and create its own treas
ury. accountable only TO itself. 1t cannot
set up official machinery in any part OF
the world which revolves around the ar
bitrary will of Congress alone. 1t cannot
| merge in itself, like the English Pariia-
ment, all legislative. executive and judi
cial power in regions outside the present
States of the Union. Otherwise it might
set UP q President or Governor General,
or a Duke, as the head of executive au-
thority in Alaska, Arizona, New Mexico,
and the Indian country, within which re-
| eion the civil liberty of the citizen OF the
United States visiting there would be ex-
tipct. titles OF nobility given, and all the
restraints of the Constitution and its guar
antees dissipated.
The theory that the Constitution of the
United States is limited to the States al
ready in the Union is new. In support
| of this theory it is argued that the Terri
tories are but property, and that such
property can be managed by Congress un-
| der arbitrary rules. This is made clear. 1t
is said. by the name of the Government
itself-"the United States"
| The Federal Government is a municipal
| corporation. Such corporations do not de-
| rive their power from their name, but from
| their charter. The Constitution of the
United States is the charter; it extends
| over the whole region possessed by such
| municipal corporation, including States and
| Territories. Territories are mentioned In
| the Federal Constitution as well as States
New States are predicted by the Constitu-
ton to probably arise therefrom. Larger
Legislative power in Congress exists IN the
Territories than in the States, hut this
does not operate to reduce the efficacy of
the Constitution in the Territories. Many
powers of Congress exercised in the Terri
tories pass to the State when given Ter
of Congress under the Constitution. In