The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-01-12

but nre still being actively prosecuted
Hereunder, therefore In recognition and In
obediencc to the vital principle announced
in the great declarations that governS
ments receive their just powers from the
consent OF the government, the govern
ment of the United States recognizes that
the peo lie Of the Philippine isl,nds OF a
right ought to be free and independents
that with this view and to- give effect to
the same government of the United
States has requested the government Of
spain to relinquish Its authority aad
government In the Philippine islands and
to withdraw Its land and naval forces
from the Philippine Islands and from ths
waters thereof.
4.-That the United States hereby dis
claim any disposition or intention to ex-
ercise sovereignty, jurisdiction or control
over said islands and assert their deter
mination when an independent govern
Inent shall have been duly erected Ihere-
on entitled to the recognition as such, to
tranfer to said government upon terms
which shall be reasonable ana just, all
rights, secured under the cession by Spain
and to thereupon leave the government
and control of the island to their people.
Mr. Allen of Nebraska offered the fol-
lowing resolution: THAT any aggressive
action by army or navy on the part OF the
United Safes against the Biiipinos would
be an act of war unwarrante ted on the part
Of the President and the exercise Of con-
stitutional powers vested exclusively IN
Congress
said Mr.. Allen, because the 81 ess dis
patches indicate that our irseps are NOV
ing on the people of Iloilo. 1 Introduce
IL as protest against the waging OF war
by the President and the army md navy
without the authority of Congress.
Mr.. Allen then proceeded 10 discuss
the situation in the philippines and final
lv that the ofiicerg of the army
ard navy were pressing affairs forward
In the islands into . critical state he
was interrupted by Mr. hoar, who de-
sired 10 inquire, where do we get the
right to use force against the people OF
Iloilo. would be glad to be honored by
the attention of the distinguished senator
from Delaware. (referring to Mr.. Gray,
one Of the peace commissioners y
I'VE made a protocol some time In
August" continued MIR. hoar, unasr
which we are still living with spain.
Mr. Hoar then read from the protocol
showing that the United States should
hold the bay. harbor and city of Manila.
until the disposition of the Philippine
islands should be determined.
"Ihat clearly implies, said MI. Hoar,
that we will make no advance upon
Spain or the Spanish people on the is
been changed. II now we ave power to
use the military force against the Fill
ipinos where does IL come IromY"
4 Mr.. Gray said: ~ wish to remark that
the question Of the senator from Massa-
chusetts answers in part the position
taken In his remarks by the Senator from
Nebraska (Allen.
After pointing out the reasons why this
was true, in his opinion, Mr. Grny said
that technically, we were still at war
with Spain. The President was simply
exercising the powers that had been con-
ferred upon him by the war making
power.
Mr.. Hoar contended it was breacll-of
faith to attack spain at Iloilo and bad
policy to attack Aguinaldo.
Mr., A Her replied to Mr Gray, assert
ing thut Spain had no jurisdiction in the
philippines and that Aguinaldo's gov
erpment was the only government there.
Mir. Gray replied that evidently air.
Allen Was laboripg under misappre.
hension and that this country was techni-
cally at war With spain until the peace
treaty was completed.
Mr. Allen asked Tor the immediate con-
sidsration of his resolution. Mr.. CAL
inger objected and the resolution went
over.
Mr.. Foraker then proceeded to deliver
speech on the general question OF the
power to extend our territory. de oased
his remarks principally upon the Vest
TttNiuIlOu. kiNihk
to Mr.. Mason's measure The resolu-
tions, he said, were different propositions
the Vest measure raises the question OF
power, the Mason resolution that of poll
cy. We had been told by MIR. Hoar that
the question of power was the most im-
government.
Mr. Foraker did agree with this die
tum. On the contrary 1t had no import
ance, whatever, as question OF practi-
cable consideration. The resolution ex-
pressed the extreme view held by any ono
and AN analysis of 1t was sufficient to
| demonstrate the progress that had been
made since the acquisition Of Louisiana.
| There was no precedent when Louisiana
| was taken in and naturally there were
even many differences of opinion on the
various points involved. Mr. jefferson
himself was not positive asito this attitude
on some points At issue. Now II is con-
ceded bv the very terms of the Vest reso-
| luton that the government has tho power
| not only to acquire territory but that we
may also acquire territory TO hoiu III,
though temporarily. This was great
step in advance since the days OF Jeffsr-
| son and inasnuch Us IL made the conces.
sion. it was Of no practicable Importance.
On the other hand the resolution In
yolyad a theoretical question Of vast i'm
| portanoe. 10 adopt the resolution was to
! declare that our fathers had brought forth
nation that was INFERIOR 10 all otneT
nations, regardless of the generally &C
cepted theory that one nation was equal
! to another and ell equally UNRESTRICTED.
| Among the powers of nationality are the
powers to make war and TO make treaties.
| lie being true that we have
THE POWER TO MAKE WAR
and to enter into treaty agreements we
logically have the power TO acquire terri
tory by conquest or otherwise and to in
herit all the consequences that may ao-
crue through war. He quoted Chief JUS
tice Marshall to sus ain Els position, CON
tending that the Chief Justice had said
! the United states had not only the right
| to acquire but also the right to govern
| territory SO acquired.
! MIR Bacon called attention to the fact
that the territory under consideration by
! the chief Justice was contiguous and hav-
ing a population homogeneous Win our
own. Mr. Foraker said that while this
| statment as &c the location or the terri-
tory was true. as II mattsr OF fact, Justlcs
Marshall had not found II necessary TO
| uoint out this fact His utterances had