The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-10-01
TO tho Editor q tho 1n,eIllreDcor.

y" q. -.
sllR:-Kindly publish the following
article from the. New York Sun of Sen.
TENDER 2s, 3as the only reply / have TO
makeito the Register in Its ATTEMPT to
establish. the "unconstitutionality" Of
the acts of the administration In exc
cutting the laws Of Congress- providing
s for the annexation of Porto Rico ana in
accepting the sovereignty OF the Philip
pine Islands under the treaty of Paris.
& In It's article to-day the Register says:
i'"THE ADMINISTRATION CON
TENDS THERE IS NOT A STATE
I OF. WAR IN THE PHILIPPINES"
That proposition lis absurd and is cas-
lily disproved. Quite recently several
oficersfo of the army serving in the
Philippines were dismissed from the
army by sentence OF general court-i
martial, the proceedings and findings
oftwhlch were approved only by Cen
eral Otis as the Commander Of the MIL
itary division of the Pacific, without
having been submitted to the President
for review and ilnal action. These dis
missed officers appealed for re-instate
ment on the ground tina. the law did
not Invest General Otis with power to
dismiss an officer except in time Of
war. The judge advocate general of
the army rejected their appeal and de-
cided there was a STATE OF WAR,
and that General Otis exercised his
lawful authority. SO that question is
: disposed OF. AS q common sense prop
osltion, j would ask II the contention of
the Register:is correct, how the Ameri-
can people would like the kind Of
S"PEACE" now prevailing In. those is
lands? In quoting. the decision of the
supreme court In Q9 Howard, 393-4f7j,
the Register reflects the legal lore OF
Senator David d. Hill. who in; his
profound researches unearthed the in
famous bred Scott decision, and this is
what the New York Sun has to say
about 1t:
Ex-senator Hill Resorts to the bred
!! Scott Game.
Mr.. Hill is q lawyer as we'll as a DO
ltIclan, and 1t is to his shame as a
lawyer not less than to his dlscredit as.
a politician that he should have at
tempted deliberately, in his Elmira
speech. to deceive the citizens who
were llstncing to him when he cited q
pretended decision" OF the supreme
court OF the United States as q bar to
national expansion.
Mr.. Hill said at Elmira:
"ThIrd-Thcre Is no place for American
colonies under our Constitution.
THE supreme court OF tho United
tional question involved. and held Q9
Howard, 393-iiO that there Is no power
given ,bytt the constitution to establish or
maintain colonies, borderingeOn the United
States or ut a distance. to be ruled and
governed at its own pleasure
We observe that this pretended de
cisiun" Is being paraded exultingly in
certain quarters, as II 1t were a new
contribution to the case OF the anti
e1pansionists. discovered by Mr., Hits
personal researches and conclusive as
to the question involved. The World,
for example. halls the decision" as
Impressive" and likewise. as putting
"the official stamp of illegality upon
the administrations Philippine and
Porto Rico performances"
Democratic Position Sustained.
Continuing, Mr.. Hill spoke OF the pas
sage quoted by him from 10 Howard,
393-44T, as "the timc-honored decision
Of that high tribunal expressly gsus-
tanning the Democratic position in this
campaign in reference to the unconstI-
tutionalIty Of American colonial gov
ernments."
Few and perhaps none of Mr.. Hills
hearers ut Elmira knew what he him.
self knew perfectly we'll, namely, the
title OF the case on which was render
ed the opinion from which he cited the
alleged conclusive decision" 1t is al
most enough answer to Mr.. Hill to
mention the title which he suppressed
with dishonest Intent. The case report
cd in 10 Howard, 393-447, Is Scott
against Sanford. better known to fame
or infamy as the bred Scott case. The
opinion Is the notorious opinion render
ed in the slavc-holdlng interests by
Chief Justice fancy; the opinion OF
which Senator Spooner once remarked
in the senate that II sounded like "a
brief for African slavery"
Crime Against Truth.
Mr.. Hills crime against truth did not
end with his suppression of the nnme
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