The times., 1899-01-12

TO make war that any other sovereign
power would have. II would have that
right, Mr.. President if the Constitution
We're silent upon the subject. for it is an
inherent right. incident to every indie
pendent sovereignty. 10 preserve its own
life. But il is here written in our or
ganic law, and written without any re-
striction. This Government, therefore.
has the same unqualified right and power
and authority 10 make war. and TO do
everything else in the exercise of that
power that any other sovereign govern
ment has or can have. England cannot
make war with any more unqualified pow
er than can the United States.
SO. too. when we come to the matter
OF making treaties. The power granted 10
our Government by the Constitution of the
United States is an unqualified. unIe-
strictsd power. and whatever may be the
subject Of treaty, or whatever may be re-
quired by the fortunes of war when con-
Quoted according to the laws of nations,
We have right to do.
The power TO make war and the power
to make treaties are two powers confer ed
absolutely without qualification. each
power carrying with ii the power. as ChieI
Justice Marshall says. TO acquire terri
tory. Then, what does he say TO the
right TO govern territory after it has ben
acquired?
-illtl hlStusSttl fut hhtOui'tI
the proposition the law of the land
that under both those powers We have the
power TO acquire territory. and having
case before him which involved the discus
sion OF that subject he then takes up the
question of the right and authority and
power of the Government that has ac-
quired TO govern the territory that has
been acquired. might read with interest
a great deal that is said here, but do not
wish to unnecessarily trespass upon the
time of the Senate. therefore content
myself with saving that at page 542 Chief
Justice Marshall. after speaking of the
constitutional power expressly conferred
on the Congress TO govern. says:
The right to govern may be the in
evtable consequence of the right to ac-
quire territory. Whichever may be the
source whence the power is derived, the
possession of it is unquestioned.'
Mr. President, ! revert to the fact that
the Chief Justice here. in announcing the
opinion, not only for himself but for the
whole court. has laid it down propO-
sition without any qualification whatever
that the Government has the constitution
al power 10 acquire territory under the
treaty-making or the war making power
and speaks Of that as an absolute power.
not dependent upon whether territory is
contiguous TO Us or remote in far distant
seas, not stopping TO consider or distin-
SuisH btiNetH Territory lying III the lrDp-
les or territory that may be located in the
temperate zones or elsewhere.
What are the grounds upon which this
resolution has been supported by those
who have spoken? First in order we have
the speech of the author of the resolution.
the senator from Missouri MFR. VestJ As
! understand his speech was not present
in the chamber, very much to my regret
when he spoke, for l always delight TO
hear him-but as ! understand his speech
after a very careful reading OF it, ne has
three main propositions he insists upon
in support of his resolution.
In the first place, he tells US that there
is an historical argument in favor Of what
declares for by this proposition; an his
torical argument against this Government
holding colonies and governing them as
such Then he tells us that our fathers
rebelled against England. and that the
war waged by them was for the purpose
Of destroying the colonial system. and that
the circumstances were such that it can
not be reason.bly assumed CT believed that
they could have contemplated. after hav-
ing themselves broken away from the
colonial system, continuation of it, and
that they could not have created a gov
ernment and invested it with power to
continue colonial governments.
Mr.. President, il seems to me that
when We recall the facts attending the in
ception of the war of the Revolution The
nature of it in its beginning, and how it
was subsequently changed to different
purpose, we have one of the strongest
possible arguments TO the effect that eaere
.Tas at least no prejudices in the minds OF
the fathers against the colonial system of
government. Take the Declaration Of In
dependence, which has so frequently been
alluded 10 in these debates in the last
TWO or three days. and read the recita-
lion Of grievances there Set forth by the
trainers OF that document
You viii not find there any complaint
against the colonial system OF govern
ment- You lind there only recitation
{, wrongs and grievances and outrages
and tyr3nnies. as they are characterized
which the people of the colonies had suf-
fered a. the hands of the British min
istry, and their sole purpose, as they
claimed over and ever again. both before
the war and for nearly a year after the
war commenced. was. not TO secure inGe-
pandence, but simply TO redress the
wrongs and grievances TO which they had
b=en subjected by the mother country
There was no complaint about the colon
ial system proper
THE senator from Missouri then con-
cludes that because OF the reading Of the
text of the Constitution when so arranged
IL IS clear to every intelligent layman that
it was intended by the trainers of the Con-
stiiutiOn that no territory should be ac-
quired except only with the present inten-
tion OF ultimately making it a State
Mr. President, the whole OF that argu-
ment, ii seems 10 me, falls 10 the ground
when We reverse the order and read il,
not as the senator has read it, but as the
trainers Of the Constitution read it. They
chose the order, and when you restore the
proper order, the order in which they
placed these provisions no such deduction
can be rightfully made as that which the
senator from Missouri has made.
4 come now, Mr. President, to the
speech of the senator from Massachusetts,
tMr. Hoarl; before / undertake in nv
humble way TO say in answer TO it what
/ feel moved 10 say / wish TO state that
/ listened TO ii with the very graates; in
terest. as / always listen TO anything that
Is spoken in this chamber or elsewhere by
the senator when it is my happy fortune
To Be able TO listen. 1t was 4 speech of
great ability. a speech such as only few
men could make. But, Mr.. President,
when it is all reduced to practical proposi-
lions. il amounted, as ! understood il,
simply 10 this. that the Government OF
the United tates has no constitutional
power TO acquire territory except only
for constitutional purposes, OF which pur-
poses she senator from Massachusetts
seems to constitute himself the sole and
exclusive judge.
In other words Mr. President it must
be constitutional purpose. according TO
the definition given by the senator from
Massachusetts, of the purposes OF the Com
sttution. He specifies that IL is constitu-