Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-04-03
expansion Of our population and pro-

expansion Of our population and pro-
| auctions.
| Applause swept the galleries at the
| conclusion Of DepeW's speech and it
was several minutes before Spooner.
| Wis who followed the New York SEN
ator. could proceed. Adverting to the
| position taken by Bate that the con
| stitution was now in Puerto Rico by
its own force, Spooner pointed out that
Gen. Bate only few days ago voted
for an amendment providing for the
extension Of the constitution over
Puerto Rico. The position taken by
Gen. Bate in his speech and that he
assumed by his vote, said Spooner.
were like Kilkenny eats, they ate
each other up.
IF the constitution extends over the
acquired territory by it's own force"
said Spooner, then it is very strange
senators should vote to extend the con-
stitution by statute" craftsmanship
should find no abiding place in this
discussion. Spooner maintained. and
the proposition should not be eluci-
dated simply by catch phrases. such as
THE constitution to follow the flag"
DOCS IIit 'oIlSillulI'il iblltN iIt
flag" he inquired NO it does not
our army entered Cuba during the war
with Spain. our lines We're established
before Santiago ANA subsequently our
flag foated over Santiago. our flag IS
there now. But is our constitution
there? Certainly not Can we legis-
late for cuba? No we cannot. Yet
our flag is there. Our soldiers are
there. but the constitution rs not. The
only law which follows the flag is tn
law Of war. The flag follows the con
stitution, not the constitution the flag.
In response to 4 question asked by
Tnlman. S. c.. SpOOner said: The
proposition that the constitution eX-
tends of its own force over acquired
territory was invented in the interest
Of suavery; the new dogma was adNo-
Gated in the interest of slavery, by
Calhoun. Webster opposed it in the in
terest of liberty and in the interest of
sound constitutional legislation. The
Calhoun dogma. we thought. was shot
to death on the unnumbercd battle
fields Of the War of the Rebellion.
had supposed that. after slavery had
been laid away, we had heard the last
Of this contention. which is by no
means so new as many people seem to
suppose"
Tilman inquired how it was that the
United States was in Puerto Rico.
by the power of the President as
commander-in-chief Of the army" re-
piled Spooner.
Under the constitution" inquired
Tillman.
Certainly. yes" responded Spooner,
ITO the extent that the constitution
max, s him commandcr-in-chef Of our
army"
"Then the power of the President is
limited by the constitution suggested
Tillman.
mo. not at all" replied Spooner.
His limitations are only those of any
commander-in-ch of n civilized ma
ton"
Il he not bound by his oath Of
Office" asked Tillman.
Il do not suppose retorted SpOOner
that because the President took his
constitutional oath of office he is bound
to take Il copy of the constitution in
his packet wherever the army under
him may 90. The President is in Puer
p Rico just rs he is in the Philip
pines. just as he was in California af-
ter the treaty of cession. He is there
under the war power and he Will re
main there in the exercise Of that pow
cr until Congress shall legislate for
Puerto Rico. BY the exercise of that
pnWtr he changed some of the Puerto
Rican laws ana modified the Puerto
Rico tariffs"
In answer to a question by Tillman
as to why Puerto Rico should be treat
ca differently from the territories Of
the United States, Spooncr declared
the people of the island were treated
thus differently from those of the ter
ritniirs because they We're in dire dis
tress
Spooner maintained that territory
a quircd by the United States over
which the constitution had been ex-
tended could not be disposed Of by tn"
Congress ana demanded to know how
we could proceed to establish n stable
| government under the constitution in
! thr Philippines. for instance, and then
later cede the islands either to another
nation or to the Filipinos themselves.
| If the constitution extended over the
| acquired territory automatically that
! territory never could be coded away
can Congress cede back the Gads-
den purchaser" inquired Pettus. \
II think So" Spolner replied
"Eut," said Pettus, tit cannot cedo
away Alabama. No. the widest Re
! publican would not go 50 far as that,
The constitution in New Mexico, how
| ever
rs there only by statue. replied
| SpOoncr, but if the constitution had
gone there of its own force. Congress
would have no power tp cedc it back.
Spouncr drew a distinction between
the taxes placed by Congress on
acquired territory and on the states.
III this instance the tariff was levied
not for the nation. but for Puerto
Rico. The tariff, ne said. was tax
on the articles of production and not a
duty paid FIR entering the product in
to the United States"
Spooncr declared there would be nc
mercy in extending to Puerto Rico the
/ internal revenue taxes If the United
| States-taNcs which were levied upon
the citizens Of every territory of the
United States-and nothing more
brutal could be devised by Congress
than the FREQ trade proposition III the
first draft Of the Puerto Rican bill"
An allusion being made further along