The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-12

of an imperialistic policy. reserving that
until q later date, when hope to p. e.
sent my views quite fully. am lead
to Introduce this resolution, because
the press dispatches indicate that our
troops are moving upon the people Of
Iloilo. I Introduce it as a protest
against the waging Of war by the Pres
ident and the army and navy without
the authority of Congress. 1 think it
is the fact indisputable that war can
not be legally waged without the au-
thority of Congress through a formal
declaration. In my opinion, there can
be no doubt that whatever of posses
sorry rights we may have in the Phil
ippine Islands we acquired from Spain. :"
Allen then proceeded to discuss the
situation in the Philippines, and de-
clared that the officers of the army and
navy were pressing affairs forward in
the islands into a critical state.
He was interrupted by Hoar, who de-
sired to inquire Where do we get the
of Iloilo? 1 would be glad to be hon
ored by the attention of the distin-
guished Senator from Delaware Ore
ferring to Gray, one of the Peace Com
missioners). We made protocol
some time in August" continued Hoar,
under which we are still living with
SPAIN"
Hoar then read from the protocol.
showing that the United States would
hold the bay, harbor and city of Ma
Mia until the disposition of the Philip
pine Islands could be determined.
THAT clearly implied said Hoar,
that we will make no advance upon
Spain or the Spanish people on the ISL
ands until the situation shall have been
changed. If now we have the power
to use the military forces against the
Filipinos, where does it come from?"
Gray, at whom the question of fIoar
seemed to be directed, rose and said:
Il 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 Nebras-
ka (Allen)."
After pointing out the reasons why
this was true, in his opinion Gray said
that technically we were still at war
with Spain. 1t was true that we were
living under a truce, but in pursuing
the war the President was simply e1.er-
cising the powers that had been con-
ferred upon him by the war-making
power. He pointed out that the only
question that could arise would be as
to whether we were, in making war
upon the F'ilipinos, violating the proto-
col, and if there were such violation 1T
would be matter the United States
and Spain, without referring to any
body else.
Hoar contended that it was a breach
of faith to attack Spain at Iloilo, and
bad policy to attack Aguinaldo
Allen replied to Gray, asserting that
Spain had no jurisdiction In the Philip
pines, and that Aguinaldo's Govern
ment was the only Government there
His Government was both a de facto
and de jure Government, and it had
maintained itself for several years.
Therefore the United States did rot
succeed to Spain's title to the islands
Gray replied that evidently Allen was
laboring under misapprehension;
that this country was technically at
war with Spain until the peace treaty
was completed. It was true that active
military operations had ceased, and for
lIllsj TcdSOU the Onlt6Q States was un-
der the highest obligation to maintain
good faith in the observation to the
terms of the protocol.
Allen spoke briefly in reply to Gray
reiterating his position, and asking for
the immediate consideration of his res
olution.
Gallinger objected, and the resolution
went over
Foraker was recognized and proceed
ed to deliver his set speech on the gen.
era1 question of the power to extend our
territory He based his remarks prin-
cipally upon the Vest resolution. incl
dentally giving attention to Mason's
measure. The resolutions, he said,
were different propositions-the Vest
measure raised the question of power:
the Mason resolution that of policy
We had been told by Hoar that the
question of power was the most i'm
portant ever raised in the history OF
the Government.
Foraker did not agree with this die
tum- On the contrary, it had no i'm
portance whatever as question of
practicable consideration. 1t was a
mooted question and nothing more. The
held by any one and an analysis of it
was sufficient to demonstrate the pro-
gress that had been made since the
acquisition of LOUISIANA. There was
no precedent when Louisiana was take
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 Gov
eminent has the power not only to ac-
quire territory, but that we may also
acquire territory to hold 1t, though tenn
porarily 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
theoretical question Of vast impor-
lance. 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 ac-
cepted theory that one nation was
equal to another and all equally unre-
stricted
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 prerogative is as great as that
of Great Britain" said Foraker. 1T
being true that we have the power to