New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-25

they cannot. always thought, when We should
to govern them as provinces and allow b tnS sec
ton of the fourth article vent as far as circum7
Stances Ht Wouic permit to establish the e&ciuSoi'
CONSTITUTION AND THE FLAG.
B4ya6 Republican SAYS win Ss
f9b Ps a2 m ne lily i should otc6 ae status
BY the treaty. and conferred by Congress The
ton and Federal statutes. ex proprio vigore. The
Of the land art " VI. Sec. = The treaty with
Spain proydes: The civil rights and po ba 6sI
f by P Rt eonFress But the
s a a ra aSs t that the End s2Ran
that. irrespective of the treaty and irrespecfIve
II lo aFe snd h0S 1 the rents
privileges of the Constitution Let US examine TINS
proposition.
Elk PROPRIO VIGoRE
Originally the Constitution was operative in the
VII. Sec - AS States were admitted IHe
TEore even IT, as in the case of Texas il had not
previously been extended over the annexed ter Of
tory Q4S U. s.. So The geographical limits %
Federal statutes the National boundaries on the
statutes are not ex proprio Vigore expanded also.
Statutes possess no innate power OF edPa IicPG
70 the of the United States It existed July
or single foot of new territory. special act ex-
tending IL Is necessary. Even when new states are
to Statehood and hence 10 the rights Of the Consti
tuition the other extending our laws oyer sae are
a mere fringe along the Atlantic. By conquest an
expanded our territory on this continent over $3.50
600 square miles and over all this vast domain a5l
with the exception of Indian Territory and Alaska
the Constitution and laws Of the Union have been
acs of Congress The nag has oaed Indian
Territory for ninety-seven years and over Alaska
saws il is It void he nterestinsi, TO learn when
and in spite of the decisions of the courts ,
In an early case Chief Justice Marshall decided
that territory annexed did not ipso facto derive
rights from the Constitution; It's only rights, he
said, We're those stipulated in the treaty or
granted by Its new MASTER" q Pet 542) JUS
potent reason therefor TeTritoTies are not he
said, organized under the Constitution" They
partment of the Government, and subject TO its
supervision and control" % How. 252) If terri
vised, under authority of the Constitution. how
Snsti+Ttt SCI oao tiley aCa1lrS [IsHts T tb
remarks of Justice Bradley: THE extent of the
power thus granted Oo territores depends entirely
upon the organic act of Congress in each case, and
it is at all times subject to such alterations Con-
the words of Justice Brewer: "a territory is po-
powers are created by Congress and all whose acts
are subject to Congressional supervision QS9
created by Congress, then none are created by the
Constitution; if all are subject to alteration and
unalterable by virtue of the Constitution.
THE HIGHER Law.
And yet the .nalienable rights of the Filipinos.
even If not guaranteed by the Constitution, are
of our civilization These laws are synonymous
with the general spirit OF the Constitution" re-
they are but another name for the enlightened
moral sentiment of the Nation: they constitute the
the Constitution. more potent than written precepts
only our statutes, but the Constitution itself
And these higher laws Of right and justice are
Kent and Chief Justice Marshall both maintained
that they were under the protection OF public
press" and that no nation could violate them
of re3Toac cS a2d 6ssrsee !" Som
ISL; Wheat. 5S9) To the sacred moral obligations
safely intrusted the inalenabe rights of the Fill
pinos. They will not be governed as vassals or
serfs slaves. but American subjects and &C
cording to the enlightened PRINCIPLES of american
ton and statutes shall not have been made oper-
alive in the islands.
DECLARATION OF INDEPENDENCE.
Fourth-ColoneI Bryan argues that, according to
the Declaration Of Independence, the Fihpinos are
and the Democratic platform afirms that we have
pinos without their consent. and that such gov
eminent would be tyranny. The Declaration Of In
The coIonists had suffered "a long train of abuses
and usurpations." They specify numerous acts Of
oppression and tyranny they recite their petitions
their warnings and appeals and then near .1 the
therefore''-on the specific facts stated-"solemnly
publish and declare that these colonies are and of
These Words misinterpreted by Colonel Bryan.
state specific conclusion not a general principle.
Specific tyranny justiies specific rebellion. The
converse is; No tyranny no rebellion: Instead OF
letter of the Declaration against him.
The Southern States claimed the right to secede
they had local selfgovernment; they imposed their
they had all the rights Colonel Bryan demands for
the FllipinOs Yet they not allowed to secede.
and the War of the Rebellion stamped out forever
the doctrine tn3t people OWNS aaegnce 20 1niS
independent" whenever they think fit to do So The
not alIege American misgovernment, for they re-
belled before our Government was established;
under the principles of the Declaration of indie
pendence as decided by the Civil war their re-
bellion is treason which It is the duty OF the Fed
eral Government to suppress
CONSENT OF THE GOVERNED.
also subject to this qualifcation-it cannot be ex-
ercised without just cause. The causes which
Declaration. and then follow these words: When
any form of government becomes destructive of
these ends it is the right the people TO abolish
1t and to institute new government" Hence the
converse must be true; when any form of govern
the people to abolish 1t and TO institute new gov
cratic platform therefore that the Fiip5oI msT
withhold their consent TO our government by their
ing to see what government we propose ~ Give
them-and that such Withholding of consent shall
rebeonin other words that rebellion IS its o vU5
tustifcation-iss false claim. not founded in the
ploded by the Civil War.
FIIIPINOs NOT CITIZENS.
ject. Are we to bring into the body polite eight or
ten million Asiatics?" asks Colonel Bryan The
born or naturazed in the United States aRd s9b
Iect TO the jurisdiction thereof citizens of
Court. "contempates two sources of citizenship