The San Francisco call., 1899-08-31
THE PRESIDENTS SPEECH,

pines His statement is in these words: Peace
brogLt us the Philippines by treaty cession from
Spain The Senate OF the United States ratlhed the
treaty. Every step taken was in obedience 10 lHc
requirements OF legislation 1t became our teiIl-
tory and is ours as much as the Louisiana purchase,
or Texas, or Alaska"
The country has not forgotten that the treaty was
prudgnplv ratified and as far as the Republican vote
of the Senate is concerned would have failed because
of the Philippine cesson had Mr.. Bryan come to
the assistance OF President Mckinley and induced
sufficient number OF his supporters in the Senate TO
give it their and secure its ratihcaon lmine
diately upon its ratification the Senate paSsed TINS
resolution: That b. the ratification OF the treaty OF
peace with Spain is not intended to incorporate the
inhabitants OF the Philippines into citizenship OF the
United States nor is it intended to permanently an
mex said islands as an integral part OF the territory OF
the United States"
The passage of that resolution was legislative
act defntve of the intentions OF the Senate in rat
fcation OF the treaty 1t is the sole existing egsla
ton on the subject of the Philippines and is declara
ton that the treaty could have been ratified had
its purpose been to make the Philippines much an
integral part of our territory as Louisiana, Texas
Alaska
So far then the President is in palpabe as to
the cesson of the Philippines In the careful elabor
ations of his speech he upon all who accept the
Senates declaration OF what intended by ratifca-
ton During the pinch and crisis OF the Civil War
Lincoln strangely preserved non-partisan express
SION President Mckinley enters actively into par
san contention and takes sides against the Senate.
His speech mistakenly places Louisiana, Texas and
Alaska on the moral and political plane as the
Philippines Perhaps the future may prove that 1t
would have been better for his cause had he frankly
stated and discussed the difference between the
T b1,c
and Florida by cesson from Spain and Alaska by
sion from Russia. The French population of Loui-
siana was not in rebellion against France They had
rot expelled French jurisdiction from every place but
New Orleans They had not for century been IN
chronic revolt and seeking independence and self
government They had not denied and disputed and
by force OF resisted French sovereignty. Nor
had the Spanish population OF Florida in like manner
revoted in resistance OF Spanish soveregnty nor had
the Russian and native population OF Alaska disputed
the rule OF the Gar When those treaties OF cesson
were made France Spain and Russia were in posses
sion OF the property ceded. They had the power to
deliver it, and the garrlsons OF their military posts
marched out and saluted Our flag and sovereignty and
we did not fire shot make the sale and transfer
complete The subjects of France and Spain were
privileged by the terms OF the cesslon TO become at
once citizens of the United States.
The treaty ceding Louisiana provided that The in
habitant OF the ceded territory shall be incorporated
in the Union OF the United States, and admitted as
soon as possible according to the principles OF the
Federal constitution to the enjoyment OF all the
rights. advantages and mmuntes OF citizens of the
United States" The treaty OF cession OF Florida
made the provision.
Texas was an independent nation and was admitted
directly into the Union after its people had so
pressed their desire and the stars and stripes without
opposition replaced the lone star flag.
In these cases there actual possession OF the
territory ceded and the power deliver it 1t is
at glance that there is parallel in the Philippine
case The President says: Until the treaty
ratified we had authority beyond Manila city bay
and harbor Spain was still in possession OF the re
mainder OF the archipelago
! This is at wide variance with the facts Before we
captured Manila the native revoutionists against
Spain who defed her authority and disputed her
sovereignty had dispossessed her OF every other foot
of Luzon, Panay, Negros and Cebu SO far from
being in possession her power effectively extin
guished and thousands OF her troops prisoners
in the hands of the victorious Filipnos, who had
beaten and dispossessed her She had title to cede
TO property to sell
We had dispossessed her OF Manila and Cavite and
of not another foot. They spoil OF war. The
rest was the spoil Of the Filipinos whose vaor had
conquered it.
! Here then, is only moral but legal poll
teal difference between the which the President
represents as exactly alike cession is sale which
passes title and is subject to the principles as
those which govern the sale and purchase of land
personal property No rights conveyed by sale
or cesson unless there is peaceable and not adverse
possession and delivery OF what is sold. Lacking the
power to deliver there is power to cede sell
The Spanish title everything outside of Manila and
| Cavite had been extnguished and sovereignty had
passed from her to the conquering Fiipinos.
Therefore bought from Spain what she did not
own and could not deliver The laws Of nations the
laws of war, the principle of title by conquest recog
nized by both nullify title to the islands resting
on Span's conveyance, for she had to convey
These are facts that cannot be disputed and recog-
nized principles that cannot be ignored. We hold
Manila and Cave by the valid title of conquest but
in morals and law we have title to what Spain
quitclaimed without possessing
! Let us all be frank. The cesson by treaty is in