The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-03
S7AND1 RIdHTJ IN THE PHILIPPINES

American officials and the aid of the
American army.
We can have no just title to these or
to any other islands except that 1t is
based upon a moral or a legal right
It is. therefore, necessary to inquire
into our national understanding with
reference to the insurgents, their
status. their rights and their relations
to Spain. A fair Interpretation of our
contracts, our expressed promises and
our implied agreements, requires this.
If. in trying to ascertain what this is,
We interview the people rather than
the politicians in power. and recur to
the expressions of public opinion as
found in the moulders and reaectors
thereof. We are aware that imperiaiists
will sneer and refer in contemptuous
tones to the excited press and the ire
sponsibie rabble; for when the idea of
government by force enters a mans
head he invariably forgets that this. is
a government whose just powers are
derived from the consent of the people
governed
1t is a matter of record that we rec
ognized the rights of the people of Cuba
to their independence. We could not
have done this and at the same time
acknowledge the sovereignty of Spain.
''The people of Cuba are, and of right
ought to be, free and independent"
This was the official declaration of con-
gress. Every member asserted the
truth of this statement by voting for
it, and the president signed it. To
show how thoroughly we believed that
the people of Cuba were free from the
sovereignty of Spain. we went to war
in their behalf and treated Spain as
trespasser upon foreign soil. Yet SPANS
title to Cuba was just as good as was
her title to the Philippines. If she had
forfeited her rights in the one, she
had in the other. Her cruelties and
oppression were as vicious in the one
instance as in the other. And forfeit
ure is not the result of another pow
er's declaration to that effect-if it re-
suit from misgovernment it is a ques-
ton of right or wrong, and antedates
outside interference. as it did in Cuba.
1t was the understanding, too, not
only in this country but in the Philip
pines, that our army invaded Luzon
for the same purpose that it invaded
Cuba The history of SPANS custer
from the Philippines shows that 1t was
accomplished by and with the aid of
Tagal allies, fighting under promises
Of independence; and. in view of the
fact that benefits or advantages of SER
vices thus secured were received and
acknowledged by this government, it
will not do to say that the promises
were without binding effect, because
the officials who made them were not
authorized to do so.
o @ @
Consuls are general agents of their
government, and while they do not
usually represent it in a diplomatic ca
pacity. they are often vested with au-
thority to enlist sympathy or solicit
aid for the government in times Of war
and other emergencies"
Consuls Pratt, Wildman and Will
Jams, who sought out Aguiraldo at the
u NOut war with -<fdiur III
duced him to reorganize his Tagal ar
my, under promises of independence,
and encouraged the insurgents to ex-
pose their lives and expend their trust
fund in renewed struggle against
the tyranny of Spain-nay have had
no instructions to secure allies upon
these terms, but the fact remains that
they did SO. The record shows that
such promises were made. that the SER
vices were rendered, that the secre-
tary of state was aware Of these facts,
that he made no effort to undeceive
the natives, that the United States
government profited by the services Of
the Filipino troops, and ratified the
bargain made between our consuls and
the insurgent leaders.
All this is a matter of record, and
it ought to be unnecessary to point
out to one versed in the law that an
agent acting under general authority
binds the, principal by any act done
within the scope of his employment,
or in the furtherance of his principals
plans, even if done against instruc-
lions. 1t does not matter that the
agent exceeds his authority; unauthor-
lied acts when ratified, by open assent
or by implication, as wheresth fruits
of the transaction are accepted by. the
principal, have the same effect as
duly authorized acts The law goes
further, and we may look upon 1t as
our moral code in international con-
duct; in cases where advantages are
secured, or rights acquired. or
services obtained by the fraud
ulent or deceitful representations
or promises of agents the principal is
bound. Since somebody must be the
loser by the deceit" English and Am
erican jurists agree. sit is more MASON
puts confidence in the deceiver should
be a loser rather than third party"
If the Filipinos were deceived by
agents of this government, ard
the secretary of state at Wash
ington, being aware of the in
ducements held out to them, made
no effort to correct the impress
sion until after their aid had been rem
dered, the United States has no moral !
or legal right to withhold from the
Filipinos their independence, notwith-
standing any subsequent agreement
with Spain.
All this bears directly upon the ques-
ton of title. 1t shows whether or not