Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-06


Alabama. inqulring of the Secretary of
the Navy if he had declined to supply
To the Court of Claims information rel
alive to naval cOurt-martial was laid
before the Senate After Mr. Pettus
had disclaimed any desire to reflect up
OH the Secretary of the Navy and in q
speech urged Congress to build up
great navy, and TO provide naval off,
GERS and men. head and shoulders
above those of every other nation" the
resolution was passed.
MIR. CAFTERY'S SPEECH.
Mr.. Gallery then spoke OH the series
OF resolutions offered by Mr.. Bacon, of
Georgia, and cognate resolutions. IIe
maintained that the constitution eX-
tends absolutely over the Filipinos.
He dissented from the proposition that
this country should take over the Phil
ippine Islands as proposed by Mr.. Bev-
eridge. He said no more momentous
question was ever presented to the Con-
gress of the United States than that
determining what disposition should be
made OF those Islands. He declared
that the question was broadly pre-
scntcd whether Congress could exercise
sovereign power and jurisdiction over
the territory which might be acquired
by the United States Government
AN EMPHATIC DENIAL.
Mr.. Caffery said he did not deny that
the United States was n nation or that
1t had the rights of Il sovereign power
of IL nation.
But" he said, ar do deny that Con-
gress has the sovereign power of n ma
ton vested in It, l deny that there is
any part of the government an UNI
limited sovereign power That power
lies with the unit known as the peo-
pie. and with that alone"
THE LAW INVOLVED.
The Louisiana Senator then entered
upon n discussion OF the various phases
Of constitutional law involved in the
general Philippine question. He quoted
extensively from legal authorities in
maintenance of his assertions that the
Filipinos were citizens OF the United
States entirely, completely, abso-
lutcly."
They became so,'' he declared, "by
the annexation OF the Philippines by
the United States and by the fact that
the flag OF this government floats over
those islands. as that flag carries its
citizenship wherever it tlonts.'
GOVERNMENT DESTROYED.
MIR. Caffcry maintained that In the
Philippines there was. when our forces
arrived there. Filipino Government
"a de facto government" declared Mr..
Caffery but that has been destroyed
by fire and sword for tho soldiers of
the United States, uneaualled the world
over in valor and military skill, have
vanquishcd the Filipinos."
Cof
ever territory might be acquired by the
United States must be governed by the
limitations Of the constitution.
RIGHTS OF TILIPINOs.
The F!lipnos. he said. were entitled
to all the rights and privileges guar
anteed by the constitution to the cit
liens of the United States
How can sovereign power be exer-
ciscd." inquired Senator Plat (Connec-
ticuO. except by Congress, which rep
resents the people?"
Mr.. Gallery maintained in his reply
that Congress must be governed by the
constitution in the making OF laws for
these outlying territories.
at is absolutely assured in my mind"
said ne. that these outlying possess
sions cannot be governed by the caprice
or the unrestricted voliton of Congress.
They must be governed in accordance
with the constitution, or Congress will
nave TO usurp powers of government"
ORIGIN OF POWER.
-A4as=--a fferl.- Aela iii-thH- course of his
argument that all governments derived
their just powers from the consent OF
the governed.
Does that principle extend" in
CURED Mr.. Spooner. ito Inhabited ter
ritory conceded to the United states as
II war indemnify"
at does" replied Mr. Gallery. '.be-
cause under our constitution and the
Declaration of Independence we cannot
wage II war of conquest"
Then" persisted Mr.. Spooner "the
Senator thinks that the acquisition OF
California from Mexico at the close OF
the Mexican war was unconstitutional
81 do not" replied Mr.. Caffery.
You think. then" suggested Mr..
Spooner, that we would be obliged to
obtnin the consent of the people OF the
territory cXactcd as q war indemnity p"
IT do" replied Mr. Caffery.
"Then." said Mr.. Spooner, pressing
his idea still further. I'VE would have
no authority to take Porto Rico IL the
Porto Ricans objected?"
The Louisiana Senator declined to 20
so far as to admit that proposition. but
held that wherever in territory acquired
there was government. or even n
germ of nationality, the United States
would have no right to govern the moo
pie of the territory.
Continued on Page II,