The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-03
QUOTES THE Fathers
Judge MacAtee on the I'm
periaIism" Problem.
CONSENTOF THE GOVERNED.
More a Fine Theory Than
Ever a Practice.

Guthrie. o. T, Jan. 2.-The attendance
upon the annual meeting of the Oklaho-
ma Bar association today was hardly up
to the usual marx, but those who were
present enjoyed fine intellectual treat
in the annual address of President ]. c.
Strang and the papers of Justice McAtee
and Judge Keaton on the Imperial
policy Of the administration, the former
defending and the latter opposing. JUS
tice McAtees paper in defense of the ad-
mnistration opened with sketching the
events Of the past sixty years which led
to the inception and growth Of the idea
OF the trancendent Importance of the Pa
cific's shores and its Islands as a the
atre Of commercial activity greater than
any the world has set known and which
is but now fairly stirring into fun life
Following this he prepared his ground
for what was 10 come after, by stating
the difficulties experienced, or claimed to
be experienced. by the "anti-imperlalist,"
in terms. thus:
Notwithstanding the fact that the law
and practice Of nations affirms what has
been done and the rightfuIness of it. it
is still held as a subject of discussion in
America whether we have, as a govern
ment. had any right with reference to the
Philippines which could De the, subject of
negotiation with the Spanish govern
ment whether in fact, if we had such
a right it was sound policy to exercise it;
whether we did not owe a superior duty
to the inhabitants of those islands, TO
protect them from foreign interference
while exercising no interference in their
do nestle affairs; whether the United
States authSrities had not so committed
themselves to Aguinaldo that they could
not disepEage themselves from him so
that thetreaty of Paris could be lawfully
made and executed; whether the policy
of isolation was not the best for the
United States 20 pursue d policy in
which il should refuse 10 participate in
the control Of territory outside the North
American continent: whether, if we did
SO undertake to participate that partici-
patton would not lead to the establish
ment Of a large standing army and the
subVersioa of our Institutions; whether !
these institutions would not eventually
thereby be subjected to the dominant in
fuence of the military spirit and power
whether the historical movement of the !
English speaking races westward should !
not now be stemmed and withheld upon
the shores Of the Pacific; whether il |
would not be impossible to make these |
colonies self-supporting, and whether, |
therefore. the acquisition Of sovereignty |
over such colonies would not result in a |
great national burden; and whether, if |
ali these questions should be answered |
affirmatively to the policy of acquiring |
the Philippines. whether we have any |
right under the constitution, to acquire |
territories for any other purpose than /
specifically with the view and for the /
purpose, Of their erection into states. and /
If 50, of such territories only as are con
tiguous to the territory now under the |
sovereignty of the United States or
whose inhabitants are so homogeneous to /
our own as to reasonably encourage the
belief that they would. at some early I
day. be capable of admission TO the |
,nion ana would be in such a moral and |
social and political condition that they
would not endanger our personal civil
and political institutions"
The learned judge then entered at
length upon a most scholarly summariz-
ing of pron0Incements Of the supreme
court and of jurists ana constitutional
lawyers of the days of the earlier eXpan-
sion from the louisiana purchase. to the
Alaska purchase upon the status of ac-
CURED territory He cited the records in
a way to show vast research along orig
II l,a FOL
lowing conclusion:
Upon the authority of Mr.. Norris, the
author of the provision under considera-
ton Chat providing that congress shall
have power to dispose of and make all
needfuI rules ana regulations respecting
the territory or other property of the
United States'D upon the Interpretation
placed upon the provision by Mr.. Web
ster. who may fairly be considered an eX-
FOUNDER of the constitution of equal dig
nifty and authority with the great chief
Justice. upon those of Mr.. Benton and
upon. as believe sufficiently appears, in
American Insurance Co. vs.. Canter. the
maturer views of Chief Justice Marshall
himself and upon the later views Of the
supreme court. expressed by Mr.. Chief
Justice Waite. Mr. Justice Stanley
Matthews and upon the like view sof Mr..
Justice Morrow. IL may fairly be con-
tended that the authority given TO con-
gress to make all needful rules and regu-
lations for the territories. is provision
which authorizes congress. if in lis wis
dom and if the necessity Of the case
should require it To do 50. 10 discrimin-
ate in establishing a government for ter
ritory which has fallen under the SOW
ere;gn5y of the United States and which
may be. therefore. in the political sense.
said to belong To the United States.
touching al Essential questions of owner
ship. suffrage. taxation and commerce.
and IL it is TO be so. that congress is
wholly disencumbered of any constitu-
tional obligation TO legisiate respecting
the territory belonging TO The United
States for equally OF citizenship. equality
of suffrage. uniformity of taxation or
other conditions which may affect our
commerce from those territories TO and
from the United States itself and to other
nations
And under the provision OF the con-
stitution here discussed. congress VIII
therefore. have the unencumbered uathor-
fly under the, Sovereignty Of the United
States TO provide suitable government
for the PHILIPPINES. as well as Ter the
other islands acquired under the treaty
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