The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-30

riu fund for the use of the university
at Langston, for colored students.
Authorizing the secretary of the inter
Tor to issue patent to the city of Ell
Reno, Ok, for cemetery purposes.
A resolution offered Yesterday by Mr.
Jones (Ark.) directing the secretary of
war to send to the senate a copy of the
proceedings of the court of inquiry
called to investigate the cOmmiSSary
department of the army. was passed.
Mr.. Spooner gave notice that he
would address the senate next Monday
on the Porto Rico BILL.
Consideration of the Porto Rico bill
was resumed at the conclusion of the
routine business. Mr.. Proctor CVt.) adj
dressing the senate. He spoke as an
unalterable advocate of the policy of
free trade between the island and the
United States and was accorded close
attention on both sides of the chamber.
PROCTOR'S ADDRESS.
In opening his speech, Mr.. Proc
tor expressed his approval of
the civil government feature CT
the pending bill and his regret
on account of the tariff provision that
he could not vote for it. He reviewed
briefly the history of the proposed Porto
Rican tariff, quoting the president in
his annual message, and the secretary
$ of war. in his annual report, as favor
ing free trade between the island OF
Porto Rico and the United States. Then
he referred to the sudden change that
somehow had been wrought and said:
rs it strange that some of US, in lack
of an official statement or apparent rea-
son for this sudden shift should be slow
to give up a line of action which we be-
lieve to be based on principle and JUS
tice, which we believe to be the only
honest and consistent course? 1t is
charged-I do not know with what truth,
if any-that this change was demanded
and brought about by the sugar and
tobacco interests, and also it is stated
by organized labor. !, however, have
hot fl,r f4at #
this latter interest appeared before the
committee.
1T is practically admitted that free
trade with Porto Rico does not harm
these interests materially, but they
claim that it creates a precedent that
may harm them if adopted in reference
to the Philippines and Cuba. 1t will be
time to cross those rivers when we come
to them, and, in my opinion, the cross
ing will not be difficult when the proper
time comes for action
Mr.. Proctor then quoted a long letter
written him by former Senator George
F. Edmunds who dealt with some of
the constitutional phases of the pending
question. Here are some extracts from
Mr. Edmund's letter:
ANY such measure, if enacted, will,
I believe, be unique in our whole his
tory It will initiate and parallel the
act of the British parliament which
forced our fathers to just resistance
and revolution and led them to establish
a cOUSIlIullOH WIllCu HI SLuQIGQ anu 6A-
plicit terms forbade any such discriIn-
nation.
Congress is the creature of the con-
stitution and not the reverse. A law
passed by congress is it's creation, a
mere expression of its will, which it
may repeal or change at pleasure. If
therefore, (assuming that the constitu-
tion does not exist in Porto RicO) con-
gress were to enact statute declaring
that the present constitution shall be
extended over and be in force in that is
land, the constitution gets it's only force
there by the virtue of the statute. 1t is
a statutory constitution and nothing
else, and a repeal of the statute would
extinguish it But the constitution as
SUCH I suppose all admit. is not sub
ieet to the control of congress, either to
enlarge or to diminish, to expand or
contract or to be applied to or with
drawn from any people or place. Is it
not a movable thing like the ark or the
covenant OF the Israelitss, to be set up
and moved here or there, as the tribes
might wander 1t is the actual end and
not the executive will that must in the
nature of things determine the status
of man or country under it.
Porto Rico and its people came un-
der the sovereignty of the United States
by force of the treaty with Spain and
think all will agree that if any part OF
the people on the island levied war
against the United States or adhered to
our enemies, etc, they would be guilty
of treason. But treason is an exclus-
lively defined constitutional crime and it
cannot exist on the island unless the
constitution that defines it is in force
there"
Mr.. Proctor then continues: I'VE may
do many wrong and foolish things with
out violating the constitution but it
does not follow that we must do them
or ought to do them, and claim, Mr..
President, That the plain. the sensible