The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-30
LINDSAY ON EXPANSION.
THE sESh TORS ABLE DIsCUssION OF
THE PHILIPPINES PROBLEM

Tells tho Bar Association That There Cal
lie No Question of Our Rights in tn
Mattor-Our Duty to Put Down Rebellion
The "Consent of the Governed" Talk
BUFFALO. N. Y. Aug cor the papers rcac
atthe meeting Of the American Bar Associa
ton to-day. those OF Senator William Iindsa,
Of Kentucky and OF Sir william Ram Kennel,
attracted most interest. Senator Lindsay tool
up tho Philippine problem. and made ,
strong argument on the constitutional pow
ers OF the Government to acquire such ter
rtory. Sir William Kennedy. who Is 0
Justice Of the High Court OF Justice In Eng.
land and President OF the International Law
Association. which will meet In Buffalo on
Thursday. spoke on State Punishment oil
Crime" Among those who came here with
Sir Kennedy were: Joseph Walton. Y. c.. who
Ia Il leader In the English commercial courts.
Il. Walton. T. J. Carver. O. c.. author OF the
standard works Carriage by Sea" and Mrs.
Carver.
Dr. A. Hindenburg OF Denmark who has
the title OF Hujesteretsdvokat, otherwise At
torney General l. T, MeIender. Secretary G..
q. I'hillimore Assistant Secretary DR.. Evan
Derby, Secretary OF the Peace Society OF
England: DR.. StoveRuart OF Brussels. ]. Bell
White. Mr.. Morgan and Sinclair Cox of the
English bar and DR.. Emile Hocuait Of Brussels
were also present. Tho Committee on 1nter-
national Law made report on arbitration
which concluded as follows
The treaty negotiated at.The Hague is not
yet ratified. 1t is OF the first Importance that
It should be ratified. aud ratified by a decisive
vote. We urge. therefore upon every member
Of the association to do all in his power to
arouse public attention to this subject and to
direct il in favor OF the ratification by the SEN
alto Of the United States OF the action OF the
delegates Of our country ut The Hague And
we recommend for adoption by the association
the following resolution:
'Resoired. That the American Bar Assocla-
ton renews with emphasis tho strong decara-
tons made by II in 1896 and 1897 in favor OF
the adjustment OF controversies between
nations 10y the medium OF enlightened inter-
national arbitration expresses its great salts
faction that the efforts which have been made
to establish so beneacent a principle have
eliminated in the adoption at The Hague
OF wise and statesmanllke agreement
for that purpose and its earnest hope that the
Senate OF the United States will approve the
convention at the Hague. and that the Admin
istration will take such steps as may be proper
10 carry II into effect The report was signed
by Everett +. Wheeler. Richard NJ Venable.
Martin Dewey. Follett. George r Peck. James
b Moore. OF the committee.
Everett p. Wheeler OF New York, offered the
following:
"Resolred. That the American Bar Associa-
tion assure its professional brother. Matre
Labor. OF their sympathy for his suffering
from an assault committed upon HIN while in
the discharge OF his duties to his client. and
express their appreciation OF his steadfast
courage in the vindlcation OF the cause OF JUS
tice. which is the only safeguard for the honor
OF any profession. whether civil or military"
Burton Smith OF Georgia. smarting under
Mr.. Wheelers action In raising point OF order
one OF his resolutions. objected to the con sid
GRAFTON Of this resolution as having no bearing
on international law. and so the resolution was
tabled, Walter 8. Logan. Chairman of the Com
mittee on Commercial Law. made a report fav-
orable to the present bankruptcy law His
committee was authorized to secure express
sions OF mercantile associations on the law
and hear suggestions OF amendment. Tho
Committee on Trade Marks made report in
favor OF new law to protect trade marks. A
copy of the proposed bill was submitted to the
convention. which went on record for its
enactment.
Senator Lindsay said in his constitutional
discussion Of the acquisition OF the Philippines:
AZ the meeting OF this association last year
d2sSt Was by
time. Of discussing the results OF the over
whelming victories on land and sea which had |
been restored. so far as the two contendinS
nations are concerned: the field of dplo- |
ons ana m ths wG 3hs apy the
, We may congratulate ourselves that we |
have now an occasion for dspassonate inves- |
OF power and duty from con alterations Of pol |
icy and expediency; that free from the infiu- |
atom and fairness and IN ne sh OF eonts%
pcraneous and established construction. may |
examine the nature and extent OF the con ceded |
power OF the Government to acquire territory,
Eoyernment Of the people thereof, " '"'
to Ak the terms and conditions upon which
peace c shall DO made and those terms may law
American valor It Is said to be since incon mHN t
with the fundamental idea of FREQ institutions |
for this Goyernment to retain territory under !
tomsry local institutions. Blu, is i CONTRARY to
that idea to retain such territory. to the
may prove themselves competent to admin,
ister and all the civil rights that free instiu-
tonT are end to In the
Scott case. it was said that n power In the Gem
eral Government to obtain and hold colonies
Congress might egislate without restriction
would be inconsistent with its own existence
late over the Philippines without restriction"
After giving the history of our VARIOUS ac1ui-
Thomss % Ws. and after Pp9tG that
-
IN his first opinion that constitutional author
~ was necessary to acquire cedsd territory,
Mr.. Lindsay said:
In all these controversies. no ono con-
tended that the validity OF the acquisition OF
foreign territory depended on the ultimate
organization OF any portion of it into a state.
for admissiu into the Union.
IL does not follow. because our recent
~ acquired territories are never to be
admitted into the Union. that Congress
may legslate for them without restriction.
or that they may be governed by laws
and regulations inconsistent with the princi-
zee OF Sonstitutlonal liberty. While the United
TERRITORIES and their inhabitants, and while
Al the discretion incident to legislative power
Ia vested in Congress for making rules and
regulations respecting them. yet this SOW
erelgn dominion is to be exercised sub
lect to the restraints expressed In the
Constitution. and In harmony with the princi-
pies OF free institutions. The Inhabitants OF
the territories can demand no political rights
Practically speaking they are the wards OF the
genera government without political rights
or political status. II rests with Congress to
say whether any OF the people resident in n