The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-06
CONGRESS IS NOT SOVEREIGN.
CAFFERY SAYS ONLY THE PEOPLE
HAVE THAT QUALITY.


over 10 the FiIipinos.
Washington, Feb. 5.-Senator Caffery of
Louisiana, in discussion of the Philip
pine question in the Senate to-day broke
new ground in developing his position as
| an and-expansionist. With characterize
| courage of conviction he advocated:
Turn the Fiipinos loose as soon as we
can get rid of them. That would be better
for them, and infinitely better for us
Mr.. Cafferys argument was mainly a
| discussion of the constitutional questions
involved in the Philippine policy.
Soon after the Senate convened Senator
| Foraker of Ohio chairman of the Commit
tee on Pacific Islands and Porto Rico
reported a bill providing form of gov
eminent for Porto Rico.
Mr. Gallinger of New Hampshire pre-
scented a statement of the views of him.
self and Mr.. Perkins of California dis
senting in part from the majority report
a bill was passed creating a. new division
of the Eastern judicial district of Ten
nessee.
Mr. Gallinger gave notice that at an
| early da ne would offer an amendment
10 the rules of the Senate providing that
| all resolutions when introduced shah be
| referred WITHOUT ueDdLG, unless UNANIMOUS
| consent be given. for immediate considera-
| ton.
resolution offered ny Mr., Pettus nf
Alabama inquiring of the Secretary of the
Navy if he had declined to supply TO the
| Court of Claims Information relative to
naval courtsmartial, was laid before the
| Senate.
After Mr.. Pettus had disclaimed any de
| sire to reflect upon the Secretary of the
Navy, and in a speech urged Congress 70
build up great navy and to provide
naval officers and men, head and should
ers above those of every other nation,
| the resolution was passed
Gallery on Philippines.
Mr.. Caffery then spoke on the series of
resolutions offered by Mr.. Bacon of Geor-
gia and cOgnate resolutions. He main
| tanned that the constitution extends abso-
lutely over the Filipinos. He dssented
from the proposition that this country
| should take over the Philippine Islands
as proposed by Mr.. Beveridge. He said
no. more momentous question was ever
| presented to the Congress of the United
| states than that of determining what dis
position should be made of those islands
He declared that the question was broad
| ~ presented whether Congress could exer-
Csc sovereign power and jurisdiction over
| territory which might be acquired by the
| United States government
Mr. Caffery said he did not deny that
the United States We're a nation or that
they had the rights of a sovereign power
or of a nation.
But" he said q do deny that Con-
| gress has the sovereign power of a nation
| vested in it, L deny that there is any
part of the government an unlimited SOW
ereign power. That power lies with the
unit known as the people and with that
| alone"
The louisiana senator then entered upon
a discussion of the various phases of a
| constitutional law involved in the general
| Philippine question. He quoted extensive
! iy from legal authorities in maintenance
| of his assertions that the FiHpinos We're
| citizens of the United States, entirely,
| completely absolutely"
They became So" he declared, "by the
| annexation of the Philippines by the
United States, and by the fact that the
| flag of this government floats over those
| islands and that flag carries its citizen
| ship wherever it floats"
| Mr.. Caffery maintained that in the Phil
| ippines there was, when our forces ar
| rived there, a Filipino governmental de
| facto government" declared Mr.. Caffery,
| but that has been destroyed by fire and
! sword, for the soldiers of the United
States, unequaled the world over in valor
and military skill, have vanquished the
| FiliDinos."
Under the Constitution.
Mr. Caffery maintained that whatever
| territory might be acquired by the United
| States must be governed by the limitations
of the constitution.
The Filpinos, he said we're entitled to
| all the rights and privileges guaranteed
| by the cons titution to the citizens of the
| United States.
| '"How can sovereign power be exercised"
inquired Senator Plat of Connecticut.
except by Congress- which represen tn
| people?"
Mr.. Caffery maintained in his reply that
| Congress must be governed by the consti-
| tuition in the making of laws for these
outlying territories.
1T is absolutely assured in my mind
said he, that these outlying possessions
| mot be governed by the caprice or the
unrestricted volition of Congress They
| must be governed in accordance with the
constitution. or Congress will have 10
usurp powers of government"
Spooner Makes n Point
Mr.. Caffery held in the course of his
argument that all governments derived
their just powers from the consent of the
| governed
Does that principle extend" inquired
Mr. Spooner, ITO inhabited territory con-
coded to the United States as war in
1T does" replied MIR. Canery. be
cause under our constitution and the De-
caration of Independence we cannot
wage war of conquest"
Then persisted Mr.. Spooner. the
| Senator thinks that the acquisition of
! California from Mexico at the CLOSE of
| the Mexican war was unconstitutional
! Il do not" replied Mr.. Gallery.
you think then" suggested Mr.. Spoon
| er. that we would be obliged to obtain
| the consent of the people of the territory
| exacted as war indemnify"
| a do" replied Mr. Gallery.
Then" said Mr.. Spooner, pressing his
| idea still further. I'VE would have no au-
! thority to take Porto Rico, if the Porto
| Ricans objected?'
The Louisiana senator declined to 20
so far as to admit that proposition, but
| held that wherever, in territory acquired
/ there was a government or even a germ
of nationality the United States would
have no right to govern the people of the
| territory.
4 Menace to England.