New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-25
FOR RATIFICATION

" OPPOSITE TO Thai VI MS OOb
1EAeuE-MR CLAY ALSO
FOR RATIFICATION.
,,~ TELEGRAPH TO THE TRIBuNEl
..,rr,on Jan. 24-Two more speeches
-. made to-day in the Senate on the subject
We ,.r,el expansion-one by Mr. Lodge, OF
=. and one by Mr. Clay, Of Georgia.
~s. ,unjor Senator from Massachusetts,. whose
=, the Nations duty and responsibility IN
W. philippines has been awaited with the keen
''' ,...-est in view Of OF his venerable col
- recent utterances. put himself on record
'e"e ~ the immediate and unconditional
:" ,a..,on Of the Paris Treaty. In Mr.. Lodges
-,.,on the only question involved in the strug-
and against ratification is one Of policy
:" Congress and the people Of the United
pN be,ne entirely capable Of settling the
-s,.;ons under which the government OF the
..nf,n,nes IS 70 be administered. NO vaild
-,srt can therefore be discovered by the
,or from Massachusetts for delaying the
- NJ peace and recommitting TO Congress
-.os,ior Of the future government. whether
ae,. OF autonomous. OF the Philippines
w osea's speech was listened 20 with marked
Ito <or he IS one Of the clearest and most
So takers IN the Senate. always investing
as.hes with an air Of extemporaneous In
nv me- which lends especial charm to what is
ssa,,y carefully reasoned and rigidiy ohastened
oratorical eIoIl- -. s,o-oa
- CLAW 6id not take the extreme view shared
Voc. Mr. Bacon and other southerners'
.hs United States has no constitutional
lob, n acquire the Philippines except lot ''e
..,.ros. % ultimately erecting the new territory
49, states He freely conceded the inherent
.u-o- ~ Congress and the Executive 10 COVER"
..,,,-.d territory as might seem most eNpeo'-
-. ~, =. deprecated the extension OF National
..,,-s,grty over the Philippines unless such an
.-.s,s,on were accompanied by declaration
-. cha srcbipelAeo would be remanded 10 SELF
'''-. 80. &C soon as conditions were ripe for
s,cb step. Mr. Clay will vote for the ra'irca-
~, q, The Parts Treaty. but II his speech To-
49, "a - he taken as an indication ne VIII JOIN
-5,A NJ German and Nj Hoar in first seeking
- snnlv 70 the Philippines the declaration OF
,oi,rv sdopted by Congress toward CUBA IN 'he
.,.o,n,,o, NJ last April. which led 70 the rupture
:, n.sceful relations between the United states
and Spain.
SENATOR LODGES SPEECH
Mr.. Lodge spoke as follows
Mr. President: In connection with these res9-
Iutinns and others which have been ihIroCuCe-
TWO questions have been ialseo one "a - -. rot
+tonai law and one u public policy. IL y nv
NV nurpo%e 70 enter al length into me 1Olllle.
discussion The Consutuuonal questions az
many and the Hypothetical situa-1oI Y. M.
have been imagined with much ingenuity a.
tests o. the Constitution are almost coun'-es
II is an inviting field. rich in casulstiy ana SUI
lie distinctions but DO not think that cou.r
add much 20 the sum OF human IL. ma .-D'. -
NJ ING elaborate
rvatiOn. ......t.-o, -,,l.s
Nv own Views as 10 our Constitutional Tlshtss
s-S movers are simple and well dehneo. anu
have not been formed without some STUDY Dosl
NJ our Constitution and our history shal4
cor+Ar, myself with stating them. believe
that the United States has the undouotea pow
81. which II has frequently exercised 70 acquire
territory and 10 hold and govern IL am ready
N admit - necessary. that action IN these a.
rections must De taken for Constitutional pur-
poses but the corstitutonality or the purposes
SIS majority. I believe that the power OF me
United States in any territory or possession out
SIDE the limits OF the States themselves Is aoso-
lutte with the single exception % the limitation
placed on such outside possessions by the XIIIth
Such. at all events, has been the
policy OF the United States and its course OF
action IN practice.
PRECEDENTs CITED
After the cession Of Louisiana. for example,
Congress placed in the hands OF the President
absolute authority as absolute as that enjoyed
oy The King OF Spain or the First Consul Of
France over that territory and its inhabitants.
Re 70 appoint not only their executive but
their legislative officers. and he was given IN
restricted control of all these people recently
,eded n the United States Il the Constitution
mad extended proprio vlgOre 10 louisiana, this
would have been impOss Die and this authority
Has conferred by a Congress controlled by strict
u the jefferson school. In 1921
again Il was proposed in Congress 20 insert In
the act establishing temporary government
'or Florida ar amendment prescribing that
Nothing should be done n the Flordas neon
pai!bls with the Constitution and laws Of the
United States
The amendment was voted down and the bill
passed giving absolute authority 70 the Pres-
dent an authority exercised in despotc fashion
by Andrew Jackson. in command Of the Army.
II our territorial bills. and in that for the or
garzation q Hawaii. now pending, provision IS
made for extending the Constitution 70 the ter
ritory in question. Without legislative act
he Constitution does not extend 70 the terri
tories or other possessions OF the United States
outside the limits Of the States themselves.
will not enter into any discussion % the
DTtd Scott decision. which has been 50 admira-
by deal, with by the Senator from Ohio
vas brought up 20 believe that no greater injury
vas ever attempted against the Supreme Court
man when for political reasons, that decision
was forced upon IL. ! was also brought up 10
believe that The famous ohiter dictum % Chief
wrong II politics and inhunan in doctrine.
an not very old. bur that is q belief which I an
100 oio 70 unlearn now ] am content 70 stand
On the broad proposition laid down by Webster
IN debate IN 1913 that the Territories are not
psTt o. he United States but belong 10 the
Shieo States, as Englands colonies belong 70
Jhg and Il does not alarm me 70 hold this
coctrine o. Constitutional law merely because Il
een Oe easily pointed out that the supreme
po"e4 winch Congress may exercise over terri
i' vy "l,hin rs Jurisdiction, but not within the
'''''s o. TIE United States. is capable OF abuse.
some THINGS HIGHER THAN cONsTITU-
TONS
constitutions DO not make people people
MAKE constitutions Our Constitution is great
N"u admirable because the men who made II
50 ana the people who ratified II and have
.v.0 under II were and are brave. intelligent
,,or lovers OF liberty There IS higher sane
The 49, surer protection % life and liberty, 10
too