New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-25
THE LAW OF EXPANSION.
CHARLES A. GARDINER ON THE RIGHT
TO ACQUIRE THE PHILIPPINES.
CONSTITUTIONAL AND INTERNATIONAL
PHASES OF THE QUESTION DISCUSSED
FULLY BEFORE LARGE MEET
ING AT CAMP M'KINLEY."

FULLY BEFORE A LARGE MEET
ING AT CAMP M'KINLEY"
Following is the full text of the speech delivered
an Senternher D by Charles A. Gardiner, the well
known lawyer of this city. at a large Republican
mass meeting in Camp Mckinley, in upper Seventh
ave:
The Republican party maintains that the United a
Other foreign territory The Democratic party de-
MES such right constitutional pronenI M eda
mental to expansion is thus put "' i'ue ''N 'N
Eirst Pa Earl IN the Century the Supreme Court
held that sovereign nations in their lntercouts S
with each other possess equality Ptd Ststes
absolute power CraneH IL I'm relations
it possesses therefore, all the powers poSseSsg1
S rSin"se EScusion cases THE United States in
their relation to foreign countries are denendent
invested with powers which belong 20 tae Doxvers
nations QSO L. S, 60i) These sovereign PoWeis
moreover. be exercised only Dy S fore;an ns
Government. In our intercourse WIZ l, authority
lions" said Mr. Justice Lamar the 9hy t d"t i tb
dhQIe nf the Nation as unit OBS u s. 80
The acquisition of territory contiguous or bU con-
quest pI h exeTcised by sovereigns from the be-
ana mas Of recorded history Hence it follows that
any power to acquire foreign territory possesseo py
amy S9ess ssPe6 If pTohbed by cQsu
ton be exercised without ba tbe S Con-
stitution specifically prohibits such power Inc C27
powers among the several agencies OF soverelsnty:
When authority for any sovereign act IL bv
the Constitution it is to be sought in that vast
residuum of National power which the Constitution
says is reserved the States respectively or TO the
people" (Artcle X) The Supreme Court has de-
cded the authority to acquire territory cannot
be exercised by the States respectively; hence II
belongs to the people" the 100000 sovereign
Americans; and Congress and the President the
sole agents and trustees of that Sovereignty nave
exclusive and unrestricted power to exercise IT,
The right acquire foreign territory is also de-
rived from the enumerated constitutional powers 10
declare war and make treaties. The Constitu-
ton" said Chief Justice Marshall, 'confers abso-
mteiy on the Government of the Union the powers
of ma king war and of making treaties, consequently
that Government possesses the power of acquiring
territory either by conquest or by treaty" q Pet,
5421 And Mr. Justice Bradley, in the Mormon
Church case said: 1.-The power to acquire territory
- is derived from the treaty making power
and the power to declare and carry war. The
incidents of these powers are those OF national SOW
eregnty, and belong to all independent govern
ments." Q36 L. s., 42)
TITLE TO PHILIPPINES PERFECT.
But our specific title to the Philippines, Colonel
Bryan says, is defective. DO we hold the islands
by treaty by conquest? Did we buy them or did
we take them? We cannot show" he says. "a quit
ity give it. Our title is the most perfect known
TO international law. 1t is good by succession OF
discovery, by conquest, by purchase and by treaty
-four recognized international sources of acquist-
tioD nd