The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-30
Spirit of the Press.
4 LAWYERS ARRANGEMENT OF
THE PRESIDENT.
Springfield Republican.

THE PRESIDENT.
Springfield Republican.
What Ex-Governor Boutwell, and SEN
alto Hoar speak of as the ableSt utter
ance which has been made on the legal
side Of our Philippine. transgression has
been prepared by Francis A Brooks, Il
well-known Boston lawyer.
He undertakes to show o. that the
Presidents claim Of sovereignty over
| both the Philippine islands and their
inhabitants rests upon the treaty Of
peace and that alone. and ex-Secretary
Day has lately confirmed this view Of
the case; (2) that the mere words Of u
treaty cannot effect the transfer Of fun
sovereignty (See Kent's commentaries,
Vol /, y. 17S) and that the mere words
OF the treaty certainly did did not eff
feet a full transfer in this case 90
that after a transfer of the nominal
title to territory by treaty there remain
cd TO be effected the requirement Of
actual sovereignty over the inhabitants
of said territory; (D that in the absence
Of their express or implied consent their
forcible subiugation became necessary
to complete the possession: but that 20
this course concerned their civil rights
and status and that these were express
~ left by the treaty to the United
States Congress to determine and not 10
the President; and accordingly 90 that
the order Of the President Of December
21, 1898, directing General Otis to ex
tend at once the rule OF the United
States over the whole territory was
not warranted by any legal power he
possessed, but was an act of aggression
instituted ON his own initiative. without
authority Of Congress or treaty right
teven had the treaty then been ratified,
which was not the case), and that the
President is thus made responsible for
the present war and all its depl0rable
consequences.
We have not given Mr.. Brooks argu-
ment in the form or in the words used
by him, but this. as we understand 1t,
is its substance. If the chief points OF
his contention are sound, and we do nor
see how they can be successfully ques-
toned, then the President has not been
killing and subduing people owing ale
glance to the United States--has not
been merely enforcing the laws and
maintaining the duly established author
ity Of the United States as he claims
but has been waging war of conquest
on his own unauthorized initiative. And
we agree with Mr.. Brooks in saying
that the responsibility which the Presf-
dent has thus taken upon himself, IN
view of all that has followed, is fear
ful one. Ut is such that the poorest
and humblest American citizen, as we
have before said, might well shrink from
the suggestion of changing his lot for
that Of President Mckinley.
But. after all, the chief offense of
the President has consisted not so much
in proceeding to unauthorized lengths
under the treaty as in perverting the
treaty-making power of his office toward
the framing of such an instrument as
his commissioners, under his instruc-
tions. brought back from Paris AS
Mr.. Brooks says in concluding his argu
mont:
"But the browning offense of
President Mckinley in this matter
is the use made by him of the treaty
making power as the means of ac-
duiring from Spain dominion and
control by the United States over
the political condition of a remote
people against their will, and by
employing the army and navy to ac-
compfsh that end. We suppose that
the treaty-making power was con-
ferred on the President by the Con-
Stitution in the interest of peace,
and that ii is a gross abuse and
perversion of that power to en-
ploy or avail Of it as an excuse for
subjecting an unwilling people TO
the dominion of the United States,
as is now being done by the Presi
dent"
That was the beginning of the course
of criminal aggression, and its chief in
stigatOr and leader has been the Pres
ident He has not been, as he now
claims, simply maintaining the authority
of the government under situation
forced uT9n him, but has been carrying
ont a policy originally planned by him
self. forced into and through the Sen
ate by all the strength which the chief
executive office could command, and
then put into execution without word
of consultation with the sovereign pow
or of the nation-the people. We have
today in this country, so far as con-
Germs the greatest matter which engages
the energies of the nation, govern
ment not of the people, but one of and
by William Mckinley and his imme-
date advisers. This is an anomaly,
and one that may well provoke serious
thought both for itself and the conse
quences which have already been en-
tailed, not to speak of the future posi- |
bilites affecting our great experiment |
in Democracy.