New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-12

resolution:
That sos BY the ssan. s. FIJI
pinos would be an act OF war unwarranted on the
part OF the President and The exercise OF cons'iiu-
tionai powers vested exclusively In Congress
I'm submitting this resolution. Mr.. President
said Mr. Allen. II desire 10 make some ooserva-
tons but will not enter upon discussion or the
moot question OF an imperialisic policy reser'-
ing that until n later date when hope to present
my views quite fully. ! am led TO introduce this
resolution because the press dispatches indicate
that our troops arc moving on the people OF iioio
introduce It as . protest against the waging or
war by the President ard the Army and Navy
without the authority OF Congress. ! think 1t Is a
fact indlsputable that war cannot be legally "aseu
without the authority Of Congress through FOR
NAL declaration In my opinion there can be no
doubt that whatever OF possessory rights we may
have in the Philippine Islands we acquired from
Spain"
Mr. Allen then proceeded 10 discuss the situation
In the Philippines and finally declared that tho
officers OF the Army and Navy were pressing ar
fairs in the Islands into a critical state
Mr.. HoAR QUESTIONS MR. GRAY.
He was interrupted by Mr. HOAR Rep.. Mass).
who desired 10 inquire. Where do we get the right
10 use force against the people OF 1oilo? would
be glad TO be honored by the attention OF the dis
tinguished Senator from Delaware Geferrins 10
Mr. Gray. one OF the Peace COMMISSIONER. said
Mr. Hoar 1--WE made a protocol some time In
August under when we are still living with
Spain"
Mr. Hoar then read from the protocol showing
that the United States would hold the bay. haroor
and City OF Manila until the disposition OF the
Philippine Islands should be determined Ihat
clearly implies" said Mr. Hoar. that we Will
make no advance on Spain or tho Spanish people
on the islands until the situation shall have oeen
changed II now have the power 10 use the
military forces against the Filipnos. where does II
from?
No lon
OF Mr. Hoar seemed 10 be directed. rose and said
Il wish to remark that the question OF the Sem
a,or from Massachusetts, answers in part the POSI-
ton taken In his remarks by the Senator from
Nebraska" CMr. Allen.
TECHNICALLY STILL AT WAR
After pointing out the reasons why this was true,
in his opinion MIR. Gray said that technically the
United States was SIN at war with spain II
was true that we were living under truce. but
in pursuing the war the President was simply ex-
ercising tn, powers that had been conferred on
him by the war-making power. He pointed out
that the only question which could arise would DE
70 whether in making war on the Fiipinos We
were violating the protocol. and II there were such
violation IT would be a matter between the United
States and Spain, without reference 10 ANYBODY
else.
Mr. Hoar contended II was breach OF faith 10
attack Spain OF Iloilo, and bad policy TO attack
Aguinado.
Mr. Allen replied TO Mr.. Gray asserting that
Spain had no jurisdiction in the Philippines, and
that Aguinaldos government was the only govern
ment there His government Doth de facto
and q de jure government. and II had maintained
itself for several years. Therefore the United
States did not succeed SPANS title to the
islands.
Mr. GRAY replied tina, Mr. Allen was evidently
iaborng under msapprehenslon that this coun-
try was technically with Spain until the
Peace Treaty was ratified. 1t vas true that active
military operations had cease1 and for this reason
the United States was under the highest obligation
20 maintain good faith in the observance OF the
terms OF the protocol.
Mr.. Allen spoke briefly in reply TO MI Gray. re-
terating his position and asking for the immediate
consideration OF his resolution.
Mr. GALLINGER Rep., y. H. objected and the
resolution went over.
SENATOR FORAKER'S SPEECH.
Mr. FORAKER CRep.. ohio then recognized
ana proceeded 20 speak on the general question OF
the power to extend territory. He based his re-
marks principally the Vest resolution incidental
" giving attention to Mr.. Masons measure. The
resolutions ne said different propositions
the Vest measure raised the question OF power: the
Mason resolution that % policy Ii had been said
by Mr. Hoar that the question of power was the
most important ever raised In the history OF the
Government. Mr.. Foraker did not agree with this
dictum. On the contrary, Il had no importance
whatever as question OF practical consideration
II was a moot question and nothing more. The
resolution expressed the extreme view held by any
one AMI an analysis OF il sufficient TO demon
etrate the progress that had been made since the
acquisition OF Louisiana. There was no precedent
when Louisiana was taken in and naturally there
were many differences OF opinion the various
points involved. Nfr jefferson himself not
positive as 10 his attitude some points at issue
Now Il was conceded by the very terms Of the
Vest resolution THAI the Government has the power
10 fvr
tory and hold IT, though temporarily. This
great step In advance since tho DAYS Of jefferson
end .nasmuch as 1t made the concession 1t was o.
no practical Importance.
THE GOVERNMENTS PREROGATIvEs.
on the other hand. the resolution involved 4
theoretical question OF vast importance To adop
the resolution 20 declare that the fathers had
brought forth nation that inferior 20 all Other
nations regardless Of the generally accepted theory
that one nation was equal 70 another. and al
equally unrestricted. Among the powers OF ma
tsonaiity the powers 70 make and 20 make
treaties. This IS Inherent sight OF nationality
and the Government OF the United States has The
same power that all other governments have. IL
prerogative ia as great "a that o. Great Britain
IT being true that this Government has the power e
make war and to enter into treaty agreements. Il
logically has the power 10 acquire territory by con
quest or otherwise and to inherit all the conse
ouences that may accrue through
Mr. Foraker quoted CHEZ JGstlce Marshall 70 sus
tain his position contendirg that the chic, Justice
had said the United States not Only had the RICH
80 acquire bu, also tho right tn govern territory
~ acquired
NJ. Bacon called attention 10 the fac; that th'
territory under consideration by the Chief Justice
was Florida. which contiguous and having
population homogeneous with that OF this country
WHAT THE FATHERS MEANT.
Mr. Foraker said that while this statement a
ter OF fact Justice Marshall had not found II nee
cssary 10 point out this fact His utterance ha'
been clear cut ard without qualification. and Il wa
evident from this quotation that the fathers Of tn
had mi creafe