The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-15
The Right Of It
and
The Wrong Of It..

under the authority of the United
States. shall be the supreme law OF
the land, and the judges in every state
shall be bound thereby, anything in the
constitution or laws of any state to
the contrary Notwithstanding"
Chief Justice Marshall, speaking for
the supreme court of the United States
in the case of the American and Ocean
Insurance companies VS.. 1856 bales OF
cotton, 1 Peters, 542, says:
THE constitution confe1s absolutely
on the government of the Union the
powers of making war and Of making
treaties, consequently sthe government
possesses the power of acquiring ter
rtory either by conquest or by treaty.
The usage of the world is, if nation
be not entirely subdued, to consider
the holding Of conquered territory as
a mere military occupation until its
fate shall be determined at the treaty
of peace. If it be coded by the treaty,
the acquisition is confirmed and the
coded territory becomes part of the
nation to which it is annexed, either
on the terms stipulated in the treaty
of cession, or in such as its new mas
ter shall impose. On such transfer OF
the relations Of the inhabitants with
each other undergo any change. Their.
relations with their former sovereign
are dissolved and new relations are
created between them and the govern
ment which has acquired their terri
tory. The same act which transfers
their country transfers the allegiance
of those who remain in it, and the law
which may be denominated political is
necessarily changed, although that
which regulates the intercourse and
general conduct of individuals remains
in force until altered by the newly
created power of the state.'
Thus it appears by the authority of
the constitution and its abest expon-
ent that the acquisition Of the Philip
pine islands is not opposed to the let
ter or spirit of the constitution.
1t is then the territory of the Unit
ed States to be governed by the exec
utive until such tina as the congress
shall enact laws for its government.
Shall the executive authority of the
United States be permitted to be over
thrown?
The war with Spain brought about
the condition at present existing in the
Philippines, and until such time as the
congress may provide by proper leg
islation for such condition the execu-
tive has full authority to use the means
at his control to suppress an insurrec-
ton against that authority and can
thus use the volunteers.
1t is difficult indeed to estimate the
damage that may be done by the read
ing of such articles by our troops in
the Philippines. Such writing Is cal
culated to create a spirit of dissatis
faction or to foster any such spirit that
may already exist.
1t is not good politics to assail or
hamper an administration that is fight
ing the battles of the country and will
| unquestionably rebound to the injury
of the party resorting to it. We have
had that experience of the civil war
and the verdict of posterity and of his
tory is uniformly against those who
throw any obstacles against the sue
cessful handling of a war by the adj
mnistration.
Rather would I see sent to the boys
| at Manila the language used by Mr..
| Quinn in his last letter to the Standard ::
! II have frequently wondered whether
| the people of the West really appreci-
| ate the splendor which is being shed
upon their states by volunteers who
| represent them in the war" than that
| they should understand that their val
! orous acts are viewed by their coun-
| trymen with cold and unsympathetic
eyes. They have obeyed orders and
| have upheld the honor of their coun-
| try and their state, and will soon re-
| turn. Let them have the credit of their
| work. r. O'LEARY.
Anaconda, May Is.