Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-03
NOT A NEW DOCTRINE
MIR. SPOONER DISCUSSES "EX PRO-
PRO VIGORE..
Invented to Extend slavery to Terri
torIes-SenatOriaI Discussion
of Porto Rican Bill.

Mr.. SpoOner continued his remarks on the
Porto Rican bill in the Senate yesterday
afternoon after The Stars report of the
proceedings was closed. There was a live
ly debate between Mr.. Spooner and some
of the leaders on the democratic side.
In response to question asked by Mr..
Tnlman IS. c. Mr.. Spooner said: THE
proposition that the Constitution extends
Of its own force over acquired territory
was invented in the interest of slavery: the
new dogma was advocated in the interest
Of slavery by Mr.. Calhoun. Mr.. Webster op-
posed it in the interest of liberty and
in the interest of sound constitutional
legislation. The Calhoun dogma we
thought, was shot to death on the unnum-
heTed hattlefields of the war of the rebel
lion l had supposed that after slavery had
been laid away, after the shackles of the
slaves. in the crucial heat of battle. had
been melted away. that We had heard the
last Of this contention, which is by no
means 50 new as many people seem to sup
pose"
Mr.. Ttllnan, In the course of a colloauy
with Mr. Spooner, inquired how it was that
thu United States was in Porto Rico.
BY the power OF the President as COM
mander-in-chief of the army" replied Mr.
SpOOner.
Under the Constitution" inquired Mr..
Tillman-
Certainly. yes responded Mr. Spooner,
TO the extent that the Constitution makes
him conlmander-in-chief of our army"
Then the power Of the President is linz
tied BY the Constitution suggested Mr..
TilIman
No. not az ALL" replied Mr. Spooner.
Ills limitations are only those of any COM
mander-in-chfef Of civilized nation
10 :, M
asked Mr.. TiIlman.
Il do not suppose" retorted Mr. Spooner,
that because the President took his con-
stitutional oath of office he is bound to
take copy Of the Constitution in his
pocket wherever the army under him may
go The President Is in Porto Rico just as
he Is in the Philippines, just as he
was in California after the treaty of
cessiGn. He is there under the war power
and he viii remain there in the exercise of
that power until Congress shall legislate
FOR Porto Rico. BY the exercise of that
power ne changed some of the Porto Rican
laws and modified the Porto Rican tariffs
in answer to a question by Mr.. Tiilman
a 20 why Porto Rico should be treated diff
1erently from the territories of the United
States. Mr.. SpoOner declared the pending
posed for any territory belonging to the
! nit"d States. and the people of the island
Yer" being greeted thus differently from
those Of the territories because they were
in dire distress
MIR SpOnner maintained that territory ac-
Giirrd b. the United States over which
the Constitution had been extended could
NOT b. disposed Of by the Congress, and de-
irrauded to know how We could proceed to
establish 4 stable government under the
Constitution in the Philippines for instance
and then later cede the islands. either to
another nation or to the Filipinos them
selves. II the Constitution extended over
The acquired territory automatically, that
territory never could be coded away.
nv, /
purchase inquired Mr. Pettus
II think So Mr.. Spooner replied
But it calnot cede away Alabama"
No. said Mr. Pettus. the widest re-
publican would not go far that. The
constitution is in New Mexico however,
1T Is there only by statute, replied Mr..
Sp""ner But if thc Constitution had
EIn" III r. of its own force Congress would
have 10 power to cede it back"
An alluSi3n being r!ade further along to
The lobby which Mr. SpOonor said was
urging free trade with Porto Rico. Mr.
Bacon suggested: Mr. Oxuard appeared
brfnrr the committee.
Yes" retorted Mr.. Spooner And did
The committee pay attention to him?"
1t looks So replied Mr.. Bacon. The
committee dill what he demanded"
-rhe.idea that the Congress of the United
states can be influenced to do injustice to
The people of Porto Rico, declared Mr..
Sp0oner yehementiy. by Mr. Oxnard or
ny any protected interest. is libel on our
Institutions that ought not to be uttered
ire. and ought not TO find lodgment any,
where | want to repeat that a large and
Industrious lOrby-and / say what | know
is here endeavoring TO induce Congress to
II - a free trade bill.
Il don't think" interjected Mr. Bacon
tdrtly. THAT any one Of that lobby has
deemed it to his interest to speak to any
S-nator on this side Of the chamber
Mr. Foraker. in charge of the bill. said
Mr. ONnard had appeared before the COM
Inittee. but since the day of his appea rance
he tFOrakerl had not seen him.
In answer to question by Mr. Turl,y
nue. would be derived under the pending
bill. Mr.. SpOoner said:
Il say IL comes from the sugar trust and
It's importers. or from the rich sugar pro-
ducers on the island. In either event il Is
right Ii comes from the right spot and II
will go to the right spot"
Mr. Perkins (Cal.} one of the members of
the committee which framed and reported
the pending bill, next addressed the SENATE
in support of the measure.
In a brief speech. following that of Mr.
Perkins. Mr.. Simon (Ore.) declared that
he would vote against the pending meas
ure. He did not regard 1t as party meas
ure. and while he disliked to separate from
the majority on the republican side of the
chamber. he felt fully justified in his
course. He was assured, he said, that the
people of Oregon were entirely In accord
with him in opposing the measure. They
Were. he said. earnestly in favor of free
trade between Porto Rico and the United
States a matter of good faith He did
not think the enactment of the bill into
law would cause the loss of the stat. to the
republican marty. "but IL there ia anu ono