The evening times., 1900-01-23
TIE GOVERNMENTS DUTY
Senator Ross Discusses the Philip
pines and Porto Rico.
The Flag of the United States, Al
ready Planted There, IN Emblem
of the Country's Policy Regarding
the New Possessions - Elevation
of the Natives the Primary object.


Porto Rico and the Philippine Islands. He
spoke in part as follows:
4 have always thought II wiser to give
, attention 10 present conditions, and to the
discharge Of present duties, rather than
20 dwell upon transactions passed and
closed, in AZ attempt 20 crit:cise, or to end
fault, or 20 point out how they might have
been more wisely conducted, and have
brought better supposed results. Early
learned that criticism and fault finding
could be set up on very limited capital
and that the better supposed results" are
more imaginary than real In forecasting
! his supposed results. the critic rarely
| fOTesees. or can fOresee, the new and i'm
I portant factors which would be brought
| into the problem. II the changes demand
/ ed by his after-date criticism had been
made. Allow me- therefore. to engage the
/ attention OF the Senate briefly in Consid-
| ering what ! deem to be present conditions
/ and duties
First, then, let as enquire IL the Consti-
/ tuition Of the United States. unaided by
| treaty or act Of Congress. extends to. and
| covers the inhabitants OF the Territories
1 acquired by the United States. This is an
| important question FOR consideration and
/ determination. especially by every Con
! gresham, whose action may help determine
I the laws which shall govern the in
| habitants OF such Territories
The Treaty with spain.
| "By the recent treaty with Spain
sovereignty is ceded to the United States
over Porto Rico and the Philippine Islands
I witL this provision.
90 The civil and political status OF the
native inhabitants OF the territories hereby
/ ceded TO the United States. shall be de-
termined by Congress.
Il do not propose. in this connection. Ia
/ discuss what the relations Of the United
states 10 these islands are. further thar
| 10 observe that the ceding power has i'm.
posed no conditions, nor reserved any
rights. defined and secured by the Consti-
tuition. 70 the inhabitants Of those islands
This distinguishes this treaty from all 9TH
ers hitherto made by the United States. by
which she has acquired territory occupied
by inhabitants
Cuba, over which Spain relinqushes
sovereignty and title, the treaty leaves
without any declaration in regard 10 the
status Of her inhabitants. or the rights OF
Congress. further than to say that upon
its evacuation by Spain, the island is %
be occupied by the United States. and
while such occupation shall continue the
/ United States will assume. and discharge
TIE obligations taaJ may. under interna-
,.onal law. result from the Fact Of its oc-
cuUation. for the protection OF life and
T. perty.'
Precedents Cited.
Mr.. Ross at this point quoted a number
Of decisions OF the Supreme Court and va
rious treaties TO show that heretofore il
has been expressly stated that the treat
les gave to the inhabitants Of the terri
tory ceded the rights. privileges and i'm
munities secured by the Constitution.
Continuing, he said. The Constitution
cannot, OF its own inherent force. extend
itself over such territory IL might be
widely at variance with the law Of the
ceded territory. Hence IL follows that IN,
! Constitution. with the exception of IN,
thirteenth amendment does not extend
pTOpriO vigore, into the newly cedeC de
| pendencies, and the contracting nation:
could properly except unciviliZed tribe!
from the rights. privileges, and immuni
ties Of citizens in the treaty by whiCi
Alaska was acquired. Hence the Suprem,
| Court properly has held that Congress ha.
plenary power in legislating for Terrific
| ries, unless restrained BY the stipulation
OF the treaty, whether that power is de
rived implicitly from the treaty makin1
pOwer-that the nation must have powe
TO govern what il may lawfully acquire
OF from section 3, Article ". of the Con.
stituJion-
The cases following the DTed Scott de
cisiOn refer 10 this section as an expires
sion % this power. BY II territory il
treated not as a part CT portion OF th'
United States. but as property belonging
TO the United States. and Congress is Civ
en- plenary power to dispose of it, which
il has no power to do. If il constitutes
portion OF the United States covered by
the Constitution. II il were a part Of IN,
United States within the meaning OF those
words as used in the Constitution, on th'
fundamental principles on which the Gov.
ernment is founded, the inhabitants o
such territory should be clothed with IN,
power of legislation under the COnstitu-
ton be represented in Congress. and have
a voice in altering and amending the Con-
stitution.
In whatever light it is viewed It il
manifest that the Constitution. with tn
exception named. unaided does not eX
tend TO Porto Rico and the Philippine isl
ands. and that Congress. with this eX
ceptiOn. is clothed with plenary power q
legislate in regard to them: to make sue
| rules and regulations respecting them a
ii regards needful. considering their situa
/ tiOn and circumstances. untramelled by tn
other provisions of the Constitution, whicl
secures particular rights, privileges, an
immunities TO citizens of the Unite
States. whose property these Islands are
Doubtless these citizens fully imbue
! with the principles of the Constitution
will see to it that no Congress Will eve
| exist which Will not confer upon the in
hahitants Of these islands all the rights
! privileges, and immunities secured by tb
Constitution, so far as they are applieabl,
to their condition and circumstances.
The Nations Policy.
[ 1T IS urged that this nation should an
nounce the policy of its purpose In the ad
ministration of sovereignty. The flag o
the nation has been planted on those isl
lands That is the emblem Of its policy
| and ever has been, even when at half
mast mourning the less Of her sons slai
in its defence. The flag nnver did, and
hope never may. represent but one policy
That policy is individual manhood, tn
right 10 enjoy religious and civil liberty
the right OF every mar to believe In. an
worship God according TO the dictates O
his own conscience; the right to stan
protected equally with every other man be
fore the law, in the enjoyment of freedom
OF personal rights. and of property.
LET the flag, as the representative o
these principles, be planted and becom
dominant on and over every island an,
ever inhabitant No other. no better poll
T. cy can be proclaimed In no other wa,
can this Congress and nation discharge il
duty TO the people Of the United States an,
| to the people Of the islands. Congress