The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-10

Mr.. Mason's resolution expressing sympa-
thy for the Beers was conducted in the
Senate to-day behind closed doors, Mr..
Davis, chairman of the foreign relations
committee, demanding that the doors be
closed. The feature of the open session
to-day was a speech by Mr.. Lindsay, OF
Kentucky, on the Porto Rican bill and gov
eminent measure. He opposed the tariff
provisions of the bill and some parts OF
the proposition of the Porto Rican gov
eminent. He maintained that under the
treaty of Paris, which provided that the
civil governments and political status of
the native inhabitants of the islands &C
quired by the United States from Spain
shall be fixed by Congress, the Congress
had authority to deal with Porto Rico and
the Philippines as il saw fit-giving free
trade to the one and levying a tariff on the
products of the other. He opposed the
doctrine that the Constitution extended
ex propria vigore over the territory ac-
quired by this government. An abstract
of Mr.. Lindsay's speech follows:
1.-THE selection of the island of Porto Rico
as the proper subject for establishing the
principle that the territories acquired by
the United States through the recent treaty
thereof. is in my opinion singularly unfor-
tunate. The difference in the considerations
|. applying to the American and the Asiatic
territories acquired by the recent ceSSion
by Spain are radical, and do not require
elaboration or discussions. Porto Rico Is
| essentially an American country and while
its term of territorial probation may neces-
sarily be an extended one. there is no rea-
son that precludesi Ii at some future time
from being admitted into the Union as an
American State. This is not true with re-
gard to the Philippine archipelago, or the
Hawaiian islands. This is a union OF
American States and must so remain to
the end. The bond of union was ordained
and established as the Constitution OF the
United States of America and our tradi-
tons, glory, safety. alike forbid the adj
mission into the Union of any other than a
North American State.
1.-The passage of the House bill to tax
Imports and exports between Porto Rico
and the United States has provoked general
ondemnation by the people of the United
States. They almost universally demand
that trade between the United States and
the island of Porto Rico shall be unre-
stricted by any custom duties whatever,
and that we shall redeem the good faith
and the implied pledges of this country
TO the people of that island
TIL WORD CITIZENS"
Senator Lindsay said the Senate measure
contains all the Objectionable features Of
the House bill and also a provision alb
solutely inconsistent with the taxing power
it asserted. He then called attention to
the fact that the Senae bill declared that
all Porto Ricans, who were Spanish sub
jects. should be deemed citizens of the
United States, and took issue with Senator
Foraker's contention that citizens" when
used in the treaty of Paris, meant merely
that a person owes allegiance TO the gov
eminent. He said that in the sense of
/ SaOatnr Forakpr'G definition the a6OntiOn
OF the thirteenth amendment to the
federal Constitution converted every
freedman in the United States into a citi-
zen of the United States. The govern
ment was entitled to their allegiance and
owed them protection. They were native
born inhabitants of the country in which
they lived and yet that they were not citi-
zens in a national point of view after the
aOption of the thirteenth amendment was
made absolutely clear by the subsequent
adoption Of the fourteenth amendment.
which established beyond cavil or dispute
the true significance of the phrase. "Citi-
zens of the United States"
Continuing, the senator said that If the
United States elect to treat a people as
foreigners the country they inhabit, so far
as we are concerned, must be deemed a
fCregn state or territory. If they be treat
ed as subject to the sovereign authority
OF the United States, but at the same time
the inhabitants of a territory held under
our temporary control. their country may
be treated as an American dependency.
But, with 100000 American citizens inhabit-
ing an American island. less than 1000
square miles in extent, il seemed prepos-
ferrous to say, that their country is not an
integral part of the United States. and be-
ing SO, we must tax and govern them in
accordance with the federal Constitution
which affords equal protection to the civil
rights of oil the citizens of the United
States. whether residents of American
States or American Territories. He did not
claim or believe that We are under legal
or constitutional obligations to make citi-
zens of the people of Porto Rico. but IL
we intend to treat them as the Inhabitants
of a dependency. he insisted that we cam
not consistently declare by congressional
enactment that they are to be deemed
ard held to be citizens of the United
States. Any action we took as to them
could not. in his view. determine the civil
rights and the political status of the Fill
pinos. for 1t was a matter of expediency
with us.
The explanation that the odious tarif
provisions had no greater or more COM
mendable purpose than to make a case for
the Supreme Court. in advance of legis-
lation in respect to the Philippines, would
not be accepted as sufficient. for II was
not the business of Congress to make cases
for the courts. Moreover the PHILIPPINES.
while lawfully subject TO our sovereign
jurisdiction. are not integral parts of the
United States, and their inhabitants were
not. In his opinion. entitled to claim that
they can he governed only under and I'm
exact accordance with the Constitution of
the United States.
DOES o FOLLOW THE FLAG.
The doctrine that the Constitution OF the
United States follows the flag. and no
country TO which title may be acquired.
whether by treaty or conquest. can be
held and governed otherwise than as an
integral portion of the United States. did
not itself to him. The United
States was not less than a nation as these
contentious would make 1t appear. If II be
necessary or expedient for a republic to go
to war, to overrun the territories Of its
enemy. IL may lawfully overrun and oc-
cupy them, and. at the close Of a success
full war, may indemnify itself for the ex-
pense and damage sustained. by requiring
the cession of such portions OF the con-
quered territory as justice and expediency
may reasonably demand. 1t may REQUIRE
the Inhabitants OF the conquered country
TO submit 10 reasonable and just rules pre-
scribed for their government. 1t was 10
avoid the claim that. by the acceptance of
the cession from Spain we placed our
selves under obligations to the people of
the coded territory. to clothe them with
American citizenship, however .nexpedient,
or preposterous or even dangerous ii might
be 10 do so. that the stipulations OF the old
French, Spanish and Mexican treaties
were omitted. and a materially different
stipulation inserted in the treaty of Paris.
Mr.. Lindsay then considered decisions of
the Supreme Court. which were relied on
to show that the Constitution ex propria
yigore, follows the flag. and admitted tina
they contained some expressions which
tended TO support that view. but the ques-
ton raised by the treaty OF Paris never
had been before that court. which never
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