The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-06
THE FILIPlNOS ASCITEENS
Mr.. Cafery Attacks The Doctrine of
Congressional Sovereignty.
The Louisiana senator Asserts His
Belief That the Natives Of the Phil
TO All the Rights and Privileges
Guaranteed by the Constitution.

Mr. Gallery of Louisiana, In accordance
with notice heretofore gwen By him.
addressed the Senate yesterday on the
subject Of the policy Of the Government
relative to the Philippine Islands. In be-
ginning his speech. Mr.. Caffery said that
I'D more momentous question had e.er
occupied. or could occupy. the attention of
the American Congress, and that the
question is broad one as to whether Con-
gress. by implication from an obscure pro-
vision Of the Constitution. can exercise
sovereign jurisdiction and power ove-
whatever territory might be acquired d..
the United States.
Mr.. Spooner asked Mr.. Gallery on what
theory he spoke of any provision of the
Constitution as being obscure.
Mr.. Caffery replied that his reason was
the belief that the provision referred 10
was an administrative one, and not one
comforting substantial power on Con-
g.ass. The power to make rules and reg
ulations for the government Of a terri
tory, he said, is simply power to ad-
minister the laws of the United States SO
far as they are applicable to the terri
tory. He did not deny that the United
States was nation, but he did deny that
Congress possessed the sovereign rights
of the people. He denied that there nd
been any express grant of sovereign power
to the Congress; or that there is any
where in any department OF the Cavern
ment any unlimited, sovereign, despotic
right.
He asserted that the Fi.ipiEos are citi
zens of the United States entirely, COM
pIeteiy absolutely" and that they became
so by the annexation OF the Philippine
Islands, and by the fact that the flag of
the United States floats over them-that
flag carrying citizenship wherever Ii
floats" He argued that there had been
a de facto Philippine Government in the
islands, when the American forces arrived
there, ard that that Government had been
destroyed by fire and sword. The soldiers
of the United States had vanquished the
Filipinos, and, he argued, that terTit-ry
thus acquired must be governed under the
limitations OF the Constitution, which ex-
tended proprio yigore wherever the United
States has established its power.
Every man. he argued, living under
the flag of the United States is entitled
to the rights and privileges giarani eed by
the Constitution and its amendments.
The Filipinos, therefore are entitled to
those privileges. all and indivisible. that
are guaranteed by the Constitution to
citizens of the United States
''If the Constitution applies at all. the
principle of unifsrmity of tariff and taxa
tion must apply. There cannot be a diff
ferent system. Congress could not have
tariff in the colonies different from that
in the United States at large: There must
be an absolute uniformity Either that
must be so. or Congress must have those
unlimited powers now claimed for it,
ReyertiEg to the question of government
in the Philippines. Mr. Caffery said he did
not believe that the Declaration Of Inde-
pendence was a dead letter. He did not
believe that it could be set aside. He be-
lieved that il was a part and parcel of
the Constitution. And he believed in its
leading principle that all governments de-
rive their just powers from the consent of
the governed.
Mr.. Spooner enquired whether that prin-
ciple extended to inhabited territory con-
ceded to The United States as a war in
demnity
Mr. CafTery replied that /. did; because
the United States could not wage a war OF
conquest.
Then" said Mr.. Spooner. "the Senator
thinks that the acquisition of California
war. was unconstitutional"
Il do not" Mr.. Caffery replied and he
went on to explain his position on that
point.
you think that we would be obliged 10
obtain the consent of the people OF the ter
ritory exacted as a war indemnify" Mr.
Srooner persisted.
81 think So" replied Mr. caffery.
Then" said Mr.. spooner. I'VE would
have no authority to take Porto Rico. IL
the Porto Ricans objected"
Mr.. Gallery expressed doubt as 10
whether the Porto Ricans had what nc
called germ of nationality"
He was asked by Mr.. Platt of Connectl-
cut whether IL Mexico made war upon the
United States. and was defeated. part of
her territory could not be taken by the
United States as war indemnity. and his
reply was that 1t could not be taken as
indemnity against the consent of its in
habitants
Then" Mr. Spooner asked, what re-
source is left TO the United .States?'
'-oh,'' Mr.. Gallery exclaimed, I'VE have
an empire of our own. We need covet no
other portion OF Gods earth than that
which we possess. England is realizing
today that there Is no strength in extended
dominions. There was no strength In the
Roman Empire when 1t went beyond the
limits OF the Adriatic. the Mediterrean. and
the Atlantic. Her downfall was sudden
and crushing. The very moment you took
In the Philippines-tkat unassimilsble peo-
ple-that very moment you inoculated our
republic with a poison that will circulate
into every vein of the political body.
II do not believe that there is a con-
stitutional warrant anywhere to take for
eign territory as an indemnity, or In any
other way. against the consent of the peo-
pie who inhabit II. II they are in a posi-
tion to give national consent. II the Fill
pinos are incapable Of self-government, as
is claimed. then you have engrafted upon
the American Constitution a foreign growth
which must necessarily be controlled by
some degpotic power"
Mr. Platt of Connecticut at this point
said: II assume two things: First, that
We are in possession OF the Philippine ISL
ands; second that the people there are not
capable of seit-government. What. under
those circumstances, shall we do? Shall We
get out. or shall we strive 10 bring them
up to position where they Will be capable
of self-government?"
Mr.. caffery replied: Il should say turn
them loose as soon as you can do so.''
MIR. Plati-You think that such plan Is
better for that people than that We should
try 10 bring them up to the enjoyment OF