The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-03
HOUSE HERMAN, 9Ol-903 Seventh Street.


President is there" Mr.. Spooner ex-
plaIned, with the army Of the United
States
Under the Constitution" Mr.. Tillman
enquired.
Yes. under the Constitution" Mr..
Spooner replied, ito this extent. that the
Constitution makes him Commander-in-
Chief of the Army and Navy of the United
States
Then the Constitution limits his pow
ers,'' Mr. Tillman interposed
Not at all" said Mr.. Spooner- Inter
arna, leges silent-in time of war the only
limit on the power OF the President OF the
United States as Commander-in- Chief of
the Army and Navy is the Limitation put
upon every communicative chief by the
laws of civilized warfare
Does he not" Mr.. TiIlman persisted,
take the constitutional oath of office?
Certainly" Mr.. Spooner assented.
and he is bound by that OATH Mr..
Tillman continued.
Il do not suppose" Mr.. Spooner went
on that because he took the oath of Office
as President and thereby became Com
mander in Chief he is bound to take
copy of the Constitution in his pocket
wherever the army under him goes The
President of the United States is in Porto
Rico just as he is in the Philippines; he IS
there as he was in California after ihe
treaty Of cession; he is there under the
war power: and he will remain there in
the exercise Of the power as Commander
in Chief until Congress legislates for Por-
TO Rico. It is in the exercise Of that war
power that he has changed some of the
laws in Porto Rico; it is in the exercise
of that power that he has modified the
tariff of Porto Rico; it is in the exercise
of that power that he has extended the
time OF payment of certain mortgages in
Porto Rico. He is there as Commander
in-Chief. with all of the powers that a
commander in chief possesses under the
laws of war There is not in the Consti-
tuition "a single mention of territory save
in one place Every clause of the COnsti-
tuition. almost. speaks Of States. The
whole Constitution was made by States.
The Government was made by States. II
was the delegates Of the people OF the
States who made the Constitution. II is
only the States who can. change the Con
stitution.'
Mr. Spooner replied to several constitu-
tional questions asked by Mr. Bacon. He
quoted the Constitution as giving to Con
gress power to make all needful rules and
regulations for the territory and other
property belonging 10 the United States"
and contended that that language proved
that territory was regarded as properly
Reference to n Lobby.
In the course of his argument Mr.. Spoon
er alluded to the existence Of a lobby
working against the bill
Mr. Oxnard for instance" Mr.. Bacon
interposed ironically.
Not at all. said Mr. Spooner
He appeared before the committee" D" Mr.
Bacon continued.
Did the committee pay any attention to
him." Mr. Spooner asked.
1T looks that way" said Mr. Bacon
.'The committee did what he demanded to
Fave done.
The notion" Mr. SpoOner said. that
the Congress OF the United States can be
Influenced to do injustice TO Porto Rico by
Mr. cxnard or by any protected Interests
is a libel on our institutions. that ought
not to be uttered here and that ought not
10 gain lodgment anywhere. The men who
reported this bill were not influenced by
Mr. Oxns.rd. and the men who are sdvo-
eating it are not advocating it on account
OF Mr.. OXnard.
Mr.. Foraker. in charge of the bill, said
that the committee had heard Mr.. Ok
nard's testimony and had seen no more of
him. If he had been in Washington as a
lobbyist he had not been i'm the company
of the committee or anybody connected
with it. Mr.. Spooner repeated that there
had been large and industrious lobby en-
deavoring TO secure tho passage OF the free
trade bill.
Il do not think Mr.. Bacon put in. that
any member OF that lobby has ever thought
it TO his interest to speak to any Senator
on this side OF The chamber.
Mr. Turley asked Mr.. Spooner whether
Ia mt the faN k,nlfld b. r,f.,
by the Sugar Trust
Mr.. Spooner replied that the Sugar Trust
was trying TO collect back the duties al
ready paid by il.
Mr.. Turlcy--Is the Sugar Trust benefited
bv the tax. or ia il hurt by it?
Mr.. Spooner-I cannot say. | am con-
vinced that the wise, the generous. the
right. and the just thing. and the only
thing. that we can do under the circum-
stances is To pass this bill, raising this
money as local tax for local purposes,