Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-12
SSH CONGRESS-.
Continued from page ~

Gray SAID tecnnlcdlly we "eie sum
at war with Spain, but under truce.
and il making war upon the Filipin"-
was violating the protocol it would be
matter between the United States
and Spain.
Hoar contended it was bad faith.
Allen said Spain had no jurisdiction
over Iloilo.
Gray maintained that the United
States was bound to maintain the pro-
tocol until the peace treaty was ratl-
fled.
Foraker then proceeded to deliver Il
speech on the general question OF the
power to extend our territory. he
based his remarks principally upon the
Vest resolution, incidentally giving at
tention to Masons measure. The reso-
lutions. he said We're different PROPOSE
tions-the Vest measure raises the
question of power; the Mason resolu-
ton that of policy. We had been told
by Hoar that the question OF power
was the most important ever raised in
the history of the government. For
aker did not agree with this dictum.
On the contrary, it had no Importance
whatever as a question of practicable
consideration. The resolution ex-
pressed the extreme view held by any
one and an analysis Of it was sufficient
to demonstrate the progress that had
been made since the acquisition of
Louisiana.
There was no precedent when Louisi-
ana was taken in, and naturally there
were even many differences of opinion
on the various points involved. Mr..
Ii, ,nt a n
his attitude on some points at issue.
Now it is conceded by the very terms
of the Vest resolution that the govern
ment has the power not only to ac-
quire territory but that we may also
acquire territory to hold it. though
temporarily. This was a great step in
advance since the days of Jefferson
and inasmuch as it made the conces-
sion, it was of no practicable import
ance.
On the other hand, the resolution in
volved 4 theoretical question OF vast
Importance. To adopt the resolution
was to declare that our fathers had
brought forth a nation that was in
ferior 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 powers
to make war and to make treaties. 1t
being true that we have the power to
make war and to enter into treaty
agreements we logically have the
bower to acquire territory by
conquest or otherwise. and to inherit
all the consequences that may accrus
through war He quoted Chief Justice
Marshall to sustain his position. con-
tending that the chief justice had said
the United States had not only the
right to acquire but also the right 70
govern territory 50 acquired.
Bacon called attention to the fact
that the territory under consideration
by the chief justice was contiguous
and having a population homogeneous
with our own Foraker said that
while this statement as to the location
of the territory was true, as matte"
of fact Justice Marshall had not found
/ it necessary to point out this fact.
| His utterance had been clear cut and
without qualification. Foraker also
quoted Justice Bradley in d Utah case,
involving the question of polygamy. IN
which the justice said: 1T would be
absurd to say that a nation has power
i to acquire territory and not the power
| to govern it"
Such being the authorities what
grounds, he asked, have the supporters
of the resolution to stand upon. Vest
had contended in his speech that his
tory was against the assumption o!
power by this country to establish gov
ernments and that the character OF our
war for independence demonstrated
| that the men of that day would not
have countenanced such proceeding
On the contrary, Foraker held thai
there was no complaint in revolution
airy times of a colonial policy. There
are many complaints on other scores
but none on this. so it must be assum
ed that they had no such objection as
the Missouri senator had commended.
Platt. Conn.,. called attention to Ar
ticle ". of the treaty of France witt
the United States, drawn by Benz
Franklin, which provided that If Can
ada should be obtained by the United
States, it should be dependent on thi
country.
Yes" said Foraker, land nothing II
said about the consent of the Cana
dams either"
In reply to question by Allen, Neb
Foraker declared that in every in
stance where the United States &C
quired territory the constitution of tn
United States was extended over
; and that all legislation provided b,
! Congress for such acquired territor
: must be and always was distinctly il
accordance with the constitution.
! Tllman, N. c., inquired of Forake
t whether any of the states could dis
, criminate against a territory becaus
of the color or previous conditions Q
its inhabitants. THAT question is nc
Z before us now" replied Forake
= When it arises we shall meet meet i
Z I wish some of the states that do dis
criminate were outside and we had