The Topeka state journal., 1899-01-11
FORAKER'S VOICE
Is Raised in Defense of the Power of
the Nation.

the Nation.
Washington, Jan. 11.-Senator For
aker of Ohio today addressed the senate
on the question of the Philippines. Prev
ious to Mr.. Foraker's speech Mr.. Allen
introduced a resolution declaring that
aggressive action against the Fifipinos
would be unwarranted and in speech
said he did not think war could be
waged without the consent of congress.
Mr.. Hoar asked Mr.. Gray, one of the
peace commissioners, where the power
came from to use force against the Fill
pinoS.
Mr.. Gray said technically we were
still at war with Spain but under
truce, and if making war upon the
Filipinos was violating the protocol, 1T
would be a matter between the United
States and Spain.
Mr.. Hoar contended that it was bad
faith.
Mr.. Allen said Spain had no jurisdic-
tion over Iloilo. Mr.. Gray maintained
that the United States was bound to
maintain the protocol until the peace
treaty was ratified.
Mr.. Foraker was then recognized and
proceeded to deliver his set speech on
the question of the power to extend our
territory. He based his remarks prin-
cipally upon the Vest resolution, incl
dentally giving attention to Mr.. Mason's
measure. The resolutions, he said were
different propositions-the Vest measure
raises the question of power; the Mason
resolution that of policy. We had been
told by Mr.. Hoar that the question of
power was the most important ever
raised in the history of the govern
emnt.
A NOTED QUESTION.
Mr.. Foraker did not agree with this
dictum. On the contrary it had no i'm
portance whatever as a question of
practicable consideration. 1t was
mooted question and nothing more. The
resolution expresses the extreme view
held by any one and an analysis of it
was sufficient to demonstrate the pro-
gress that had been made since the ac-
QUESTION 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 it is con-
ceded by the very terms of the Vest
resolution that the government has the
power not only to acquire 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 concession one of no practical i'm
portance, on the other hand the reSOlu-
tion involved a theoretical question of
vast Importance. To adopt the resolu-
tion was to declare that our fathers had
brought forth a nation that was infer
lor to all other nations, regardless of
the generally accepted theory that one
equally unrestricted. Among the pow
ers 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 govern
mentS have Our prerogative is as
great as that of Great Britain, said Mr..
Foraker. 1t being true that we have
the power to make war and to enter
into treaty agreements, we logically
have the power to acquire territory py
conquest or otherwise and to inherit all
the consequences that may accrue
through war. He quoted Chief Justice
Marshall to sustain his position, con-
tending that the chief justice had said
right to acquire, but also the right to
govern territory SO acquired.
QUOTES JUSTICE MARSHALL.
Mr. Foraker said that while his state
ments as to the location of the terri
tory were true, as a matter of fact JUS
tice Marshall had not found it neces-
sary to point to this fact. His utter
ances had been clear cut and without
qualification and it was evident from
this option of the fathers of the Ameri-
can republic had not meant to create a
nation inferior to other nations in pow
er. Mr. Foraker also quoted Justice
Bradley in the Utah case. involving
the question OF polygamy, in which the
justice said:
''It would be absurd to say that a
nation has power to acquire territory
ana not the power To govern At.
This was a 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 reso-
luton to stand upon? Mr.. Vest con-
tended in his speech that history was
against the assumption of power in
this country to establish colonial gov
ernments and that the character of
our war for independence demonstrates
that the men of that day would not
have countenanced such a proceeding.
On the contrary, Mr.. Foraker held that
there was no complaint in revolution
ary times of colonial policy. There
We're many complaints on other scores,
but none on this, so that it must be
assumed that they had no objection as
the Missouri senator contended. On the
contrary, there were indications that
they had in mind the possibility of the
acquisition of territory and Mr.. Fora
ker quoted from Mr.. Governeur Morris
letter to Mr.. Livingston, in which he
said the United States were destined to
control the whole of the territory Of
North America.
FTFTET,n nEETINES