The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-04-02

ness he had found that on the vote to
strike out the provision in the Porto
Rican bill for a duty of Is per cent of
the Dingley duties, he had been noted
as absent and not paired. He explained
that he had general pair which he
thought was sufficient. Had he been
present he would have voted to strike
out the duty on Porto Rfcan products.
Proceeding he directed attention to a
notable case, which he said had been
overlooked in all the arguments A sail
or named Ross had shipped on an
American merchantmen from New
York to Nagasald. At the latter port
he had murdered a fellow seaman on
the vessels deck and was convicted and
sentenced to death by a consular court.
His sentence was committed to impriS-
Onment for life in the Albany, N. Y.
penitentiary. He sued out a writ of
habeas corpus, the ground being that
he had not been given a trial by jury as
insured by the constitution. The su-
preme court decided that he had had
fair trial and must remain in prison;
that in order to avail himself of the
right to a trial by jury the vessel must
have been within the territorial limits
of the United States.
Mr.. Vest said he would like any sena.-
tor to explain how the supreme court
could come to that conclusion and state
emphatically that within the territorial
limits of the United States the consti-
tuition applies without act Of congress,
L
a different tariff can be imposed on the
people of Porto Rico from that impos-
ed on the people of Missouri.
Mr. Bate (Tenn.) after the Porto Rico
bill had been laid formally before the
| senate delivered his announced speech
in opposition to the pending measure.
Mr.. Cullom Ill.) followed with an ar
| gument in favor of the bill Mr.. DepeW
! IN. W then spoke as follows:
| SENATOR DEPEW'S REMARKS. !
| 'Mr. President, 1 have been listening
/ with great interest to the many and
/ very able speeches which have been
1 delivered upon the Porto Rican tariff.
! I have endeavored to find in them a
| solution of the singular political condi-
/ tionS which seem to have arisen out of
/ the presentation of this measure.
/ have thought perhaps the fact that
.the country is divided into storm cen
/ ters and normally placid conditions is
due to the extended discussion of the
| constitutional question having obscured
| the real meaning of q measure Of rev.
enue and relief.
'"There is no division among the ma
iority in either house as to the power
of congress to legislate on this sub
+ ject The majority all agree that the
/ constitution does not extepI by its own
power over these new possessions, and
| that congress can legislate for them as
| it deems wise, subject only to the pro-
| hibitions upon congress in the conSti-
| tuition. The Democratic party accepted
|
4 does extend by its own force into the
| territories from the moment that ii
| was invented by John c. Calhoun fOI
the purpose of carrying slavery into the
| new territories, when it was impossible
| against the aroused conscience of tbs
! country to secure legislation to that
effect. It is but fair to say that while
the action of the country by the unani-
nous consent of all statesmen and OF
| all parties for fifty years, and the trenC
/ of the decisions of the supreme court
sustain the power of congress to take
the whole or any part of the consti-
tuition and the laws of the United
States into new territories and to es-
tabllSh governments for them, yet the
questions raised by the acquisitions Of
Cuba, Hawaii and the Philippines
when presented to the supreme court
must result in such a broad and com
prehensive Interpretation as will make
clear for all time the position of the
United States upon the government o
territories which come to US.
while the practical part of thi:
measure has received some considera
tion, yet it has resulted in pictures O
| Porto Rico and it's inhabitants whicl
| are utterly misleading. The lower hous
Of the Iowa legislature the othe
day adopted q. resolution for free trad
with Porto Rico on the sentimental
ground that her people had accepted
our sovereignty willingly, while othe
islands We're resisting it, The suddel
collapse of the Spanish power and tn
almost instantaneous dropping int
our hands of the island possessions o
Spain, found different conditions Il
these possessions. 1t is admitted, 70
I instance that Cuba is to be- under on
) government only until she is capable 0
r governing herself We all know that
{ with the revolutionary elements an
r professional agitators Of that island,
. any excuse or opportunity had bee