New-York tribune., 1900-09-23

nneo oyerte oy @ tbaf the Constitution followed the
flag into the iSanG o the treaty and irresnectve
SO long afe entitled ho6 TO the an
privileges OF the Constitution Let us examine TINS
proposition.
EX PROPRIO VIGORE.
or,e,naIv the Constitution was operative in the
thirteen States which ratified the document AFt m
VII Sec - AS new States were on aT propre
Sigore even if as in the Texas il had not
tory So The geogrss0hISddi r,es m5fs dn tf OF
day of enactment If our domain Is expanad&eE. pa & our
statutes not proprio vigore eXpended aisT 'o
The Dingey tariff for instance, is limited strictly G
to the of the United States as II eSSIHG hifnpne
single foot Of Lew territory spec speclst tt 4es are
admitted two statutes are requred-one admitting
Statehood and hence to the rights OF tne 6 sd
mitted territory The thirteen original States were
nexaton and purchase within hundred years, ,oI% we
expanded territory on this 6sp 1Hfr With
the exception of Indian Territory and AasRa n nh Ihe
operative by more than hundred special acts 3 Of
Congress The flag has ioated over Indan for
thTty-three The Supreme Court says the CoisIl- u!
it is It Would be Interesting learn when "a and I'd
how 1t got there without action Of Congress anu "
sPe IN El eT early ease CHIEF Justice decided
rights from the Constitution. Its only rights: he he
| said. those stipulated in tne ueaa1S' 1ne
| granted by Its master Pet este ot5,J SuS ed
tice Nelson. in subsequent case rs sqss'Se p1f 6e
a potent therefor. IerrltoTleS ale
sre the creations Exclusively the legislative de
Supervision and control. g How 252) II terri
tories are neither cpeaIed ~ nor tbe Sonsttution how
| can II be urged that they acquire rights from
the rs%sTs d usc st Of
power thus granted 10 territores) depepds ene ng
1t is at all times subject to such alterations as Con
The words Of Justice Brewer: "A territory is a
political community ORGANIZED by Congress- ali ali
whose . a subject & If to all tights and
pSSn powers are S' created BY Congress- then is
created by the Constitution: If all are subject to
tom nAs" anu ' y "
THE HIGHER LAW
And yet the '1nalienable rights OF the Filipinos
amply secured by the fundamental, unwritten laws
OF tS our The geneTa spr Of the
ferred to in the Mormon Church case QS6 y. s i41
moral sentiment of the Nation; they constitute the
higher laws of America civSaLlon SUPERIOR ents [9 e
pervading all our institutions. and vitalizEng not
O.l And 1T these higher laws of right and justice are
R9t b6 means sSe St MarSba 6ob
that they T mere fe bT e 81 Of the
press" :"'' and that no nation could violate them
'without being subjected to the penal eonseqTences
lS; Wheat $50 TO the sacred moral obisatiopps @ rs
safely ntrusted the inalienable rights of the Fill
| pinos They Will not be governed as vassals or
serfs or slaves but as American subjects and ac-
! cording to the enlightened principles of American
civilization; and that, too. although our Co4stLIu-
ton and statutes shall not have been made op-
| erative in the islands
DECLARATION OF INDEPENDENCE
Fourth.-Colonel Bryan argues that, according to
me declaration OF lhaependehce me rlilpoS are
and the Democratic platform afirms that we have
pinos without their consent, and that such a gov
eminent would be tyranny. The Declaration OF In
ndPnP Ia no pi kpT
The Colonsts had suffered "a long train of abuses
oppression and tyranny they recite their petitions
their warnings ana appeals, and then near .,I me
/ therefore"-on the SPECIFIC 1acts stated-"solemnly
| publish and declare that these Colonies are and o.
! These words m!sinterpreted by Colonel Bryan
pae sPs aSs sss ebeon FL,
converse is; No tyranny. no rebellion Instead OF
letter Of the DECLARATION are against aim him him oa5,
ard g6vern tbarnseIves They alleged no tyranny
they had local self-gOvernment; they imposed the
own taxes; they were ruled with their own consent
they had all the rights Colonel Bryan demands Io
cede and the war of the Rebellion stamped GU
forever the doctrine that people OWNS allegiance
tree and independent" whenever they think fl
to do so The tilpinos do not 9llese Amer;cal
ment for they rebeIled before Government wa
cause and under the principles of the Declaration
of Independence decided by the Civil War thei
Federal Government 10 suppress
CONSENT OF THE GOVERNED.
The principle Of the consent of the governed,
ercised Without lust cause. The causes whicI
moved our fathers We're speclhcally recited in th
these ends Il IS the Right Of the people to abolisi
it and to fnstitute a new govern ment'' Hence tI
converse must be true; when any form OF COY
ernmeut is destructive of these ends, the Tigh
of the people TO abolish il and to institute a nev
government does not exist The pTettnce OF IN
Democratic platform, therefore that the IlliPin%o 10
may withhold their consent 10 our go4erhneptt govern ~
their mere will without Just cause indeed %iao4
give them and that such Withholding OF consen
% foT reSeon, n % Other ts1 words 5 that robe is
own justifcation-is a false claim, not founded 4
} exploded by the Civil War.
FILIPINOs NOT CITIZENS
Fifth-"Is the Filipino to be citizen a. sub
1eet Are we to bring into the body polite eight to
Fourteenth Amendment provides hat all person
ect TO OF the uTsdcon thereof are citizens Of tn
United States" This section" said the suprem
and two sources oniy-birth and naturalization,
Q12 Z. S. 1O1; 16s Y. S. 1922 Persons may be nat
ton acts e2 or coecVey as The court expianee
by force Of tEesty se y by wnGh O fSTfn 55o teT
being naturalized. and the treaty making no no Pre- W
come citizens by a specihc act Of Congress.
The only ether source of American citizenship
tory. over which the Constitution and laws sho
have been specifically, extended No Constitution
by birth. Q6s U. S. 6s3l Therefore, until Congress
ton and statutes over the islands, neither pres
ent nor future FiliPinos will be citizens No AS
can share in making our laws and shaping th
destiny Of the Rep1bhe lie dd unless Congress spec
FILIPINos ARE AMERICAN SUBJECTS.
: But Colonel Bryan excaims IF the Filipino
not to be citizen shall we make him n subject?
$ and he adds. "A republic can have no subjects
! ton of the Chisholm case q Dali AID. In ~