Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1900-10-11
AS TO THE ISLANDS.
Constitutional Power to Alternate
Territory Is Doubted.
No Provision Made by the Framers
for the Alienation of the PHIL
ippines Even Ii bryan Wanted
to Aid AguineldO.

to Aid Asuinaldo.
There is no power under the law
or the constitution by which congress
or the president can discover the Phil
ippine islands from this nation. Con-
gress cannot give them away, sell
them to foreign power or set up an
independent government on these is
lands, as Mr.. Bryan proposes to DO.
have not seen this point raised yet
by anyone, but Mr.. Bryan, as a law
yer ought to know the constitution
OF his country, and there is no author
ity anywhere in the constitution
where an acre Of our country can be
discovered from the jurisdiction Of the
United States. Such thing never
has been done, and it would take an
amendment to our constitution to do
what Mr.. Bryan proposes.
This is my opinion as lawyer and
! will put it against Mr. Bryan's or
any other lawyer. This is q matter
never yet passed upon by the supreme
court, and depends wholly on the con-
struction of section 3, article 4, Of the
constitution, which says: The con-
gress shall have power to dispose Of
and make all needful rules and regula-
tions respecting the territory or other
property belonging to the United
States.
II contend that this section does
not give congress any authority to
part with the jurisdiction Of a single
acre Of our national territory. Con-
gress has no right to sell or give away
or convey single acre to foreign
power, nor to set up an independent
government on any acre Of the public
domain. This gives only general au-
thority over our territory to dispose
of them by dividing and naming them,
surveying them, selling them to set
tiers, providing for local government
and the enforcement of the laws, the
protection of timber, locating OF town
sites, admitting them as states and
exercising all acts Of ownership and
control and national jurisdiction, but
absolutely no authority to part with
national ownership and jurisdiction.
1t may exercise all acts of ownership,
but cannot part with that ownership.
Space will not Justify an extended
brief on this question, but l will put
my opinion as lawyer that our su-
preme court will SO construe our con-
stitution. That congress has no right
to dissolve this union, or part with
the jurisdiction Of any part Of our
territory when once acquired. Success
full revolution only can accomplish it.
This is not an imperial government,
though Mr. Bryan's ideas would make
it so. Imperial governments dispose
of their territory in that way when
they please, but the territory of this
country is held by and for the people,
and jurisdiction once vested in our ma
ton must forever remain until our
constitution is amended, giving some
authority for the dissolution of it's ter
ritory.
Every patriotic democrat should
support Mckinley in preference to
Bryan. First, because every issue is
virtually settled, and settled by the re-
publicans on old democratic princi-
pies. The tariff and the money stand
ards are not fundamental questions,
but questions Of policy, and the gold
standard will likely stand the test of
experience, and is, therefore, perma-
nently settled. All parties now agree
on tariff sufficient to pay the ex-
penses of government, laid lightest on
necessities, and in such way as to
give the best protection to our own
products and commerce. The only real
question between the two parties is
The fundamental one OF expansion or
anti-expansion. And on this the re-
publicans stand on the old democratic
principles Of Jeffersonian expansion.
Second, because Mckinley has made
the best president since Washington
and Lincoln, and that under the most
trying complications and difficulties,
and shown himself careful and able
statesman. Third, because Bryan has
proved himself to be selfish politi-
clan, using his oratorical gifts at $500
an hour or the gate receipts, and act
ing the part Of walking delegate Of
the labor trust in appealing to the rest
less, idle and dissatisfied elements, and
fiattering the workingmen and plain
people which is inconsistent with true
dignity and craftsmanship. Fourth,
because his position on the Philippine
question is inconsistent, unstatesman-
like and undemocratic., Fifth, because
he is more Of populst than demo-
crat, and by the populist platform is
bound to support the 'initiative and
referendum" and otherwise revolution
lie our government. Sixth, because he
represents such a conglomerate mass
Of discordant democrats, populists,
and extreme elements
that he is not strong enough, and no
man is strong enough, to control them,
and II elected his administration would
produce endless wrangling and discord
and be worse even than Cleveland's last
tarm Rasnectfttlly