The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-08-23
JUSTICE DosTER's SPEECH.
Kansas Jurist Carefully Reviews Sit
uation.


He said, among other things:
within the last two years the field
of political discussion has been material
~ enlarged I might say it has been
radically changed. Heretofore in our
periodical campaigns we have given con-
sideration only to matters of foreign
trade relations and internal financial
management. Now we find ourselves
confronted by problems which, as they
seem to me, involve the very fundamen-
tails of political government itself. 1
wish to talk to you about one of these
problems especially, and to give express
sion to my views concerning it.
Il have been somewhat active in the
politics of this state and have frequent
ly spoken before audiences of my fell
low citizens upon the topics which then
seemed to demand most serious atten
ton. In my judgment none of the mat
tiers then discussed have lessened in i'm
portance, except relatively speaking, nor
have they been any further advanced
towards a correct solution but since then
other questions have arisen compared
with which those of former discussion
dwarf almost into insigniflcance.
Heretofore in considering the several
monetary and industrial problems with
which until recently we were solely con-
cerned, I had assumed that all men in
this country accepted as true in their
generality and their entirety those fun
damental maximS of political and civil
right, the assertion of which constitutes
the scheme OF American constitutional
government. remember, however, that
during the campaign of 1885, some re-
marks were made by General o. o.
Howard, in a speech delivered in Kansas
City, which indicated disbelief by him
in some of the principles of the govern
ment, but never dreamed that within
the short space of four years or any
time whatever, that disbelief would find
illustration in the declared policy of a
great political party in this country. 1
had supposed that all men accepted as
true without question, evasion, or ex-
Declaration of Independence that 'all
men are created equal and that all gov
ernments derive their just powers from
the consent of the governed One Sec
ton of the bill of rights of the Constitu-
ton reads: All political power is in
herent in the people; al free govern
ments are founded upon their authority,
and are instituted for their equal pro-
lection and benefit Substantially the
same language is contained in the
Declaration of Independence and is also
to be found in the Constitutions of all
the states of the Union, and it never oc-
Cured to me until lately, that any body
of men in this country, enjoying with
their fellows the inestimable right of
self government would raise a question
as to the truth or general application Of
the doctrines stated.
But perhaps you say that no such
question is raised; that it has not been
done. Mr. friends are are mistaken. 1t
has been done, and is done every day,
by the declaration and practice and de-
Tense of a political policy Numerically
opposed to the principles of Democratic
government expressed in the great pa
pers from which ] have quoted, and it
has been done and is done daily by the
open avowa1 of men in public life in
this country. 1t is nowadays a. matter
of common assertion that the theory of
government by the consent of the gov
erned is to be taken only in a limited
and qualified sense; that the words in
which the theory is expressed donot
hal h0u n
they mean self government subject to
the supervision and control of such so
called superior race or nation as choos-
eS to exercise sovereignty and guard
ianship over the people. They mean,
so we are told, such measure of the
right of self government as the people
in their ignorance and weakness are
CAPABLE of exercising, or as is consist
emit with their welfare to exercise.
That, indeed, is the declared view of
the Republican party as set forth in its
national platform of this year and
openly avowed by it's presidential
standard bearer. That platform, speak
ing of the people of the Philippines and
West Indies says: The largest meas
ure of self government consistent with
their welfare and our duties shall be
secured to them by law The same
idea in somewhat different language
was recently expressed by President
Mckinley in his speech of acceptance
IF the nomination which had been con-
ferred upon him. In that speech he
asserted the intention, as to our newly
acquired possessions, to establish just
and generous government in which the
inhabitants shall have the largest par
ticipation for which they are capable
Self government, therefore, in the view
of President Mckinley and the Repub
lican party is to be qualified by a re-
gard for the welfare and capacity of
the people governed. That view, how
ever, implies the existence of a power
outside the people themselves rightfully
lad RI of
peoples capacity and what is for their
welfare. 1t therefore comes to this, that
the power asserted here in this repub-
lie is the very power which czarS and
dictators claim-the power to Judge of
other mems political sense and political
good. That is nothing less than an ex-
press reputation of the whole theory
of government by the consent of the
governed
Judge Doster then entered into an
elaborate discussion of the Philippine
question. He followed this by discus
sion of the Porto Rico tariff and the
policy of the United States towards our
territories.
In closing his address. Judge Doster
'.The thirteenth amendment to the Con-
stitution sof the United States declares:
tude, except punishment for crime,
whereof the party shah have been duly
States nor any place subject to their 3ur1s-
diction.' Mark that language: Slavery
shall not exist IN the United Statss nor
any place subject to their jurisdiction
There is no room for shystering and quib-
bling over that declaration. There is no
room to say that its operation is confined
to the United States proper and that it
does not extend to the territories BY the
literal terms of the language used 1t ex-
tends to all places subject to the JuriSdlc-
ton of this country Wherever the nag
floats that portion of the constitution, at
least follows. Wherever the Jurisdiction
of the nation extends and its sovereignty
is exercised slaves go free by the might
and power of its authority, and yet we
are told that until congress chooses BY
statutory enactment to put in force In the
territories that code of rules and charter
of rights which declares itself to be the
supreme law of the land we may hold the
inhabitants of such territories in condi-
lions of colonial dependence, political vas
- fnrr, frira If