The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-12

we nave tne power 10 use the miittary
forces against the. Philirinos, where does
lit come FROM"
Mr.. Gray, at whom the question Of Mt.
Hcar seemed to be directed, rose and
said II Wish TO remark that the question
| OF the senator from Massachusetts, an
swers. In part. the position taken in
his remarks by the senator from Nebraska
tMr Allcn).' After pointing ont tho
reasons why this was true. In his opinion,
still at war with Spain. II was true that
We were living under a truce, but in pur-
Suing the war the president was simply
exercising the powers that had been con-
ferrcd upon him by the war making pow
er. He pointed out that tho only question
that could arise would be as to whether
1--we were. in making war upon the Phil
ipinos, violating the protocol, and u there
fwero such violation Il would be a matter
between the United States and Spain with
out reference to anybody else.
4 Mr., Hoar contended 1t was breach OF
faith to attack Spain at Iloilo and bad
policy TO attack Aguinaldo.
Mr. Allen replied to Mr.. Gray. ASSERTING
that Spain had no jurisdiction In the Phil
ippnes and that AGuinaldo's goverran,nt
was the only government there His gov-
4 eminent was both de fGcto aud q dc i.rs
1 government, and II had maintained itself
Itor several years; therefore the United
States did not succeed to Spnin's title TO
the islands. If
Mr.. Gray said Mr.. Allen was laboring
under Il misrepresentation. This country
! was technically at war with Spain until the
peace treaty was completed. II was uus
that active military operations had ceascd
ard for this reason the United States was
under the highest obligation to maintain
good faith in the observance Of the terms
of the protocol.
Nj. Allen spoke briefly In reply to Mv.
Gray, reiterating his Position and asking
for the Immediate consideration of his res
! olution.
! Mr. Gallinger IN. H.) opposed, and tho
| resolution went over.
Mr. Foraker (Ohlo) was Their recognized
end proceeded to deliver Ills set speech to
the general question Of the power to cN-
tend our territory. He based his remarks
principally upon the Vest resolution. Incl
! dcntally giving attention to Mr.. Mason S
measure. The resolutions, he said, were
different propositiops-the Vest measure
raises the question OF power; the Maso,
| resolution that of policy We had been
told by Mr., Hoar that the question OF
power was the most inn ortant ever raised
in the history Of the government.
Mr. Foraker did not agree with this die
tum. On the contrary, 1t had no impor-
lance whatever as question of practical
consideration. II was mooted question
presses the extreme view held by any one
and an analysis of II was sufficient to dem
onstrate the progress that had been made
since the acquisition OF Louisiana. There
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 1t is conceded by the
very terms of the Vest resolution that the
4 government has tho power not only to ac-
quire territory, but that we may also ac-
quire territory to hold ii. though tempo
rarily. This was great step in advance
since the days of jefferson and inasmuch
as it made the concession IL was of no
practicable Importance.
On the other hand. TIE resolution M
volvrd a theoretical question OF vast inn
portance. To adopt the resolution was 10
declare that our fathers had brought forth
o nation that was inferior to all otho.' na-
lions regardless TO the generally accepted
theory that one nation was equal 10 an-
other aud all equally unrestricted. Among
the powers Of nationality are the powers
| to make war and 10 make treaties. This
is an inherent right OF nationality. and
4 the government has the same power that
all other governments have. Our pre-
| rofative is as great as that of Great Brit :
ain, said Mr. Foraker, II being true that
we nave tie power Ia make war and to on
| ter into treaty agreements, we logically
| have The power to acquire territory by
conurest or otherwise aud 10 inherit all
the consequences that may accrue through
war He quoted Chief Justice Marshall 10
sustain his position, c,intending thnt the
Chief Justice had said the United States
had not only the right to acquire bat
also tte right to govern territory so ac-
quired.
Mr.. Bacon called attention to the fact
that the territory under consideration b.
the chief justice was Florida which was
contiguous and having population homo
| geneous with our own.
Mr.. Foraker said that while this state.
ment as TO the location of tho territory
was true, as a matter Of fact, Justice
Marshall had not found II necessary to
point out this fact. His utterauce had
been clear cut and without qualification
and II WAS evident from this quotation
that the fathers OF the American republic
had not meant 10 create a nation interior
To other nations in power Mr.. Foraker
also quoted Justice Bradley In a Utah
case, involving the question of polygamy
In which the justice said: at would BIZ
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 Justice Marshall
In the early days OF the republic Such
being the authorities. what ground. he
asked, have the supporters of the resoli-
lions to stand on? Mr.. Vest had contend
ed in his speech that history was against
the assumption OF power by this country
TO establish colonial governments and
that the character OF our war for independ-
ence demonstrated that men of that day
would not have countcnanced such "a pro-
, ceeding On the contrary. Mr.. Foraker
held that there was no complaint In revo-
lutionary times Of a colonial policy. There
were many complaints on othrr scores
hut none on this. so that II must be AS
, stunned that they had no siich objection al
the Missouri senator had contemplated
Or the contrary, there were indications
that they had In mind the possibility q
the acquisition OF territory apd Mr.. For
aher quoted from Mr.. Morris letter tc
MI. Livingston, In which he said that thf
United States were destined To contro
the whole OF the territory " North Amer
iod.
! mir. President" said Nj. Foraker. aftal
quoting from Mr.. Morris NJ length. "thcr,
Y IL marked difference hetween n frame,
, o; the constitution and an Interpreter o
5 it,
4 Mr.. Plat frchn) called attention TO ar
a tile V of the treaty OF France with thu
> unitrd States drawn by BENJAMIN. Frank
/ lin. which provided that If Canada SHOULD
8 be obtained by the United States 1t shoul'