The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-06
A M0MENT0US QUESTION
DISPOSITION TO BE MADE OF
THOSE ISLANDS.
TAE CONSTITUTIONAL PHASE DISCUSSED
Wherever Ttere is in Territory Acquired The
Germ Of Nationality Even, We Have no
Right to Hold Such Territory.
Mr.. Gallery Declares.


Of Louisiana, in discussion of the
Philippine question in the Senate today
broke new ground in developing his 20
>ition lis an anti eXpansonist. With
characteristic courage of conviction he
advocated:
Turn the F'iipinos loose as soon as
we can get rid of them. That would be
better for them and infinitely better for
us
Mr.. Calfery's argument WAS mainly
discussion Of the constitutional questions
involved in the Philippine policy.
Soon after the Senate convened Sena-
tor Foraker Ohio, chairman of the
Committee on Paciic Islands and Porto
= Rico. reported bill providing form IT
government for Porto Rico.
Mr.. GalIingeT y. H. presented
statement of the views of himself and
Mr. Perkins tCalJ dissenting in part
from the majority report.
\ bill was passed creating IL new di-
vision of the eastern judicial district Of
Tennessee
Mr.. Gallinger gave notice that ut am
early date he would offer an amendment
To the rules of the Senate providing that
all resolutions when INTRODUCED shall be
referred without debate unless unanimous
consent be given for immediate consider
alton.
\ resolution offered by Mr. Pettus
tAlaJ inquirinc Of the Secretary of the
Navy ii he had decided to supply to the
Court of Claims information relative To
naval courts martial was laid before the
Senate After Mr.. PettuS had diSclaim
cd any desire to reflect upon the Score
tary of the Navy. and in Il speech urged
Congress to build up great navy and to
provide naval officers and men. head
aud shoulders above those of every othec
nation, the resolution was passed
UNDER THE CONSTlTTTIO-.
Nj. Caffery then spoke on the series os
resolutions offered by Mr.. Bacon lGa)
and cGgnafe resolutions. He maintained
that the Constitution exends absolutely
over the Filipnos He disSented from
The propose tion that this country should
rake over the Philippine Islands as pro
posed by Mr. Beverid,se. He said no
more momenouS question WAS ever pre-
scented TO the Congress of the United
States than that of determining what
disposition should be made OF those
islands. He declared that the question
was broadly presented whether Congress
could exercise sovereign power and jur-
isdiction over territory which might be
acquired by the United States Govern
ment.
Mr.. Gallery said he did not deny that
the United States was IL nation or that
it had the rights Of sovereign power Of
Il nation.
'Rut" he said, 4 do deny that Con
gress has the sovereign pWer of q nation
vested in il. i deny that there is any
part of the Government an unlimited
sovereign power. Iht. 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 Il constitutional law involved III the
general Philippine question. He quoted
extensively from legal authorities IN
maintenance Of his assertions that the
Filirinos were citizens of the United
States entirely. completely. absolutely.
They became Sn' 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
iSands. as the flag cares its citizenship
wherever it floats
\ GOVERNMENT THERE
Mr. Gallery maintained that in the
Philippines there WAS whom our forces
arrived there, Filipino government
"A de facto government" declared Mr..
Gallery. but that has besn destroyed by
fire and sword, for the soldiers of the
United States. uncqualed the world over
in valor and military skill have van
qushed the Filipinos."
Mr. Caffery maintained chat whatever
territory might be acqured,by the United
States must be governed by the linita-
lions Of the Constitution.
The Filipinos he said, were entitled to
all the rights and privileges guaranteed
by the Constitution to the citizens of the
United States.
How can sovereign power b. exercis-
ed:" inquired Senator Platt Conn
except by Congress which represents tie
people"
Mr.. Gallery maintained in his reply that
Congress must he governed by The Con
sttution in the making of laws for these
outlying territories.
CONGRESS- CANNOT GOVERN.
1T is absolutely assured in my mind :
said he. that these outlying possessions
cannot be governed by the caprice or the
unrestricted volition of Congress. They
must be governed in accordance with the
Constitution or Congress will have Il
usurp powers of Government
Mr.. Caffery held in the course of his
argument that all governments derived
their just powers from the consent Of tn,
governed.
Does that principle extend . inquired
Mr. Spooner. ITO inhabited territory con
coded to the United States - a war in
demnity:"
1T does. replied Mr.. Caffery, "hecause
unde rem Constitution and the Declara-
ton of Independence we cannot wage a
war Of CONQUEST.
Then persisted Mr., Spool@r, the
Senator thinks that the acquisition of