The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-12

was no precedent when Louisiana was
taken in and naturally there were then
many differences of opinion on the
various points involved.
Mr.. Jefferson himself was not positive
as to his attitude on some points at
issue. Now it is conceded by the very
terms of the Vest resolution that the
government has the power not only to
acquire territory, but that we may also
acquire territory to hold it, though tenn
pofarlly. This was a great step in ad-
vance since the days of jefferson and
inasmuch as it made the concession it
was of no practical Importance. On the
other hand, the resolution involved a
theoretical question of vast Importance
TO adopt the resolution was to declare
that our fathers have brought forth a
nation that was inferior to all 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 powers to make war and to make
treaties. This is an inherent right of
nationality and the government of the
United States has the same power that
all other governments have. Our pre-
rogat1Ve is as great as that of Great
Britain, said Mr.. Foraker 1t being
true that We have the power to make
war and enter into treaty agreements
we logically have the power to acquire
territory by conquest or otherwise and
TO inherit all the consequences that may
accrue through the war.
To Acquire and Govern.
He quoted Chief Justice Marshall to
sustain his position, contending that
the chief justice had said the United
States had not only the right to acquire,
but also the right to govern territory so
acquired.
Mr.. Bacon called attention to the
tact that the territory under considera-
ton by the chief justice was Florida,
which was contiguous and had a popu-
lation homogeneous with our own.
Mf Foraker said that while this
statement as to the location of terri
tory was true, as matter of fact Jus
tice Marshall had not found it neces-
sary to point to this fact. His utter
ance had been clear cut and without
qualification and it was evident from
this opinion that the fathers of the
American republic had not meant to
create nation inferior to other nat
ions in power. Mr.. Foraker also quoted
Justice Bradley in the Utah case, in
VolVing the question of polygamy, in
which the justice said: 1T would be
absurd to say that a nation has power
to acquire territory and not the power
to govern it," This was late decision
on the same lines as that of Chief Jus-
tice Marshall in the early days of the
republic. Such being the authorities.
what ground, he asked, have the sup
porters of the resolution to stand up
on?
Mr.. Vest contended in his speech that
history was against the assumption of
thls power to establish colonial govern
ments and that the character of orr
war Tor independence demonstrates that
the men of that day would not have
countenanced such a proceeding. on
the contrary, Mr.. Foraker held that
there was no complaint in revolutionary
times OF colonial policy. There We're
many complaints on other scores, but
none on this, SO that it must be as
sumed that they had no such object as
the Missouri senator had contended. On
the contrary there were indications
that they had in mind the possibility of
the acquisition of territory and Mr..
Foraker quoted from Mr.. Gouverneur
Morris letter to Mr.. Livingston, in
which he said that the United States
was destined to control the whole of
the territory of North America
Mr.. President said Mr.. Foraker.
after quoting from Gouverneur Morris at
length, there is a marked difference
between Trainer of the constitution
and an interpreter of it,
t'ii' iotl, SoliHtclltul, called a1ten-
tion to article of the treaty of France
with the United States, drawn by
benjamin Franklin, which provided
hat if Canada should be obtained bv
me United States, it should be depen-
lent upon this country.
Yes said Mr. Foraker, land MOTH
ng is said about the consent of the Ca
ether''
In reply to question by Mr.. Allen.
Nebraska, Mr.. Foraker declared that
n every instance where the United
states acquired territory, the constitu-
ION OF the United States was extend
I'd over it and that all legislation pro-
'lded by congress for such acquired ter
ltofy, must be and always is, distinct
IN accordance with the constitution.
Mr. Tlllman. South Carolina inquired
# Mr.. Foraker whether any of the
'tates could discriminate against ter
ltory on account of the color or pre-
'ious condition of its inhabitants.
Ihat question is not before us now"
eplied Mr.. Foraker. when it arises
We shall meet it. l wish some of the
tates that so discriminate We're out
lde, and we had a trial of the uues-
ion now (Great laughter)
The bred Scott Law.
Mr.. Foraker then took I'D that mart |
# the argument of Mr.. Vest in supnort |
u the resolution, in which he based his |
tatements upon the bred Scott decis- |
on. He analyzed the decision, showing
nat a majority fthe court did rot |
upport the position with reference T. |
ne acquisition and government of fer
ltory that Mr.. Vest said it did and that |
eally only one of the associate justices
TODD squarely with Chief Justice |
,,aney in support of the full force of
he decision Mr.. Foraker then entered
pom a constitutional argument in reply |
o the points made by Mr.. Vest il his |
peech in support of the resolution and
y Mr.. Cahery of Louisiana in support
I the resolution. In beginning a dis
usslon of the speech of Mr.. Hoar, Mr..
foraker said:
L listened, as l always listen to the
peeches of the senator from Massa-
husetts. 1t was a speech of grea.
b1l1ty and power such as he always