Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-09
DEPEW DEFENDS OUR RIGHT
Speech Of New York Senator on The
Philippines.
Consent Of The Governed Has NvT Been ASKED
Comparison With Louisiana Purchase
Rights Of Inhabitants.

c. NJ. Depew of New York addressed
the United States Senate on the Phil
ippine question. Following Is the d.
gest given by the Associated Press for
the Bulletins special service:
Mr.. Depew declared that most of the
questions regarding the American oc-
cupancy Of the Philippines which are
now being discussed are purely aca-
demic Said he:
I'VE are in the Philippines: we are
there to stay by conquest and by treaty
| rights. All which precedes the ratih-
cation of the treaty by the Senate of
the United States is an academic cues
ton"
No one denied, he said, that the ma
tives of the Philippine Islands had been
used to help conquer the Spanisb, but
he denied that any treaty had been
made with them. Said he:
only the President of the United
States could bind the country and he
only with the subsequent assent of the
Senate. Only when war is progressing
can the commander-in-chie of the
army or the admiral of the navy make
q committal which the President would
be bound in any form to consider or
respect Admiral Dewey alone had
that power, and he most emphatically
denies any COmmittal whatever to
Aguinaldo for the independence of his
so-called government. President
Schurman also emphatically denies any
committal on the subject on the part
Of the Philippine Commission. The
various generals of the army made no
committals on their part. All the con-
suls concerned positively denied hay-
ing made any such suggestions"
Senator Depew reviewed at some
length the various eras of expansion by
which the United States has grown
from the original thirteen colonies to
the present 2ast empire, saying:
whether our territories have come
by conquest and treaty, by purchase,
annexation or discovery, the people,
Congress and the country are unani-
nous in the affirmation of our title.
The time will be brief until by similar
unanimity Porto Rico and Hawaii,
Guam and the Philippines are held to
be equally and sacredly territory of the
United States"
Regarding the plea that the consent
OF the governed" is necessary. he said:
The Government which he organ
lied for the territory of Louisiana had
every element which has been de-
nounced as despotism in the Philip
pines.
The Act Of October 81, 1903. passed
by Congress and signed by jefferson,
vested:
"'All military, civil and judicial
powers In such person or persons and
to be exercised in such manner as the
President OF the United States shall d.
rect
There was no consultation with the
Inhabitants. no participation in their
government accorded them, and no
rights assured to them except the
free enjoyment of their liberty, prop
erty and religion II Is no answer
to this precedent to say that because
there were only 10000 white people in
the territory IL was unnecessary to
gain their consent. The constitutional
rights Of 10000 are as precious and as
sacred as the rights of 100000
1t has been repeatedly said here
that government by the United States
in these islands will be despotism.
Such belief shows a singular ignor-
ance or misrepresentation of the con-
stitutional limitations upon our pow
ers and the spirit of our institutions. |
While the constitution does not ex-
tend over the territories of its own
force and without legislation, its pro-
hibitions are binding on Congress. In |
those prohibitions. which are also
privileges enjoyed by the people wher-
ever our jurisdiction extends is a |
charter of rights which Con-
gress can neither limit nor impair. All |
privileges and immunities, |
such as religious freedom, property |
rights, freedom Of speech and freedom |
OF the press and equality before the |
law must prevail wherever our flag
floats. But outside Of the constitu-
ton and laws Is an unwrltten law
created by the genius OF the institu-
lions Of the paramount power and con-
trolling its acts and officials in all col
onial governments" 4