St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1900-01-31
Senator Ross Speech.
COpiOus Extracts from His speech ON
the Philippine Question.

In the Senate last week Tuesday, in ac-
cordance with previous notice, Senator
Ross claimed the recognition OF the chair
to deliver a speech on the Philippine
question. The text of his argument was
a resolution introduced by him several
days ago, and printed in the CALEDoN-
IAN last week, declaring that the provi-
sons OF the constitution, do not, unaided
by act of Congress, extend over Porto
Rico and the Philippines; that the United
States takes sovereignty over Porto
Rico and the Philippines unrestricted pv
the provisions OF the constitution, and
that the successful discharge OF this
duty demands the establishment o a sepa-
rate depar tment of the government to
take charge OF all outlying dependencies
of the United States and the passage of a
general law asking appointments therein
non-political.
By the very nature of the text, Mr..
Ross argument was essentially legal
and constitutional discussion OF the gus
tions raised.
Mr.. Ross said in part: Mr.. President I
have always thought it wiser to give at
tention to present conditions, and to the
discharge of present duties, than to dwell
upon transactions passed and closed, in
an attempt to criticise or to find fault, or
TO point out how they might have been
more wisely conducted and have brought
better supposed results. Early l learned
that criticism and fault-fnding could be
set up on very limited capital, and that
the better supposed results are more i'm
aginary than real. In forecasting his sup
posed results the critic rarely foresees, or
can foresee, the new and important fac
tors which would be brought into the
problem If the changes demanded by his
after-date criticism had been made. AL
low me, therefore, to engage the attention
of the Senate briefly in considering what
] deem to be present conditions and du-
ties.
First, then, let us inquire if the consti-
tuition of the United States, ex proprio
vigore, unaided by treaty or act of Con-
gress extends to and covers the inhabi-
tants of the territories acquired by the
United States.
This is an important question for con-
side1ation and determination, especially by
very congressman whose action may help
determine the laws which govern the in
habitants Of such territories.
TREATIES.
BY the recent treaty with Spain sover-
eighty is cedod to the United States over
Puerto Rico and the Philippine Islands
with this provision:
The civil and political status of the ma
tive inhabitants of the territories hereby
ceded to the United States shall be deter.
mined by Congress-
Cuba, over which Spain relinquishes SOW
ereignty and title, the treaty leaves with
out any declaration in regard to the status
of her inhabitants, or the rights of Con-
Sress further than to say that, upon its
evacuation by Spain, the island is to be
occupied by the United States and while
such occupation shall continue the United
States
will assume and discharge the obligations
that may, under international law, result
from the fact of its occupation, for the
protection of life and property"
l do not propose in this connection to
discuss what the relations of the United
States to these islands are, further than
to observe that the ceding power has im-
posed no conditions nor reserved any
rights defined and secured by the consh-
tation to the Inhabitants of those islands.
This distinguishes this treaty from all 9TH
which she has acquired territory occupied
by inhabitants. The treaty of 1903, for the
4 cession of Louisiana, provides in Article
III that
THE inhabitants of the ceded territory
shall be incorporated in the Union of the
United States, and admitted as soon as
possible, according to the principles of the
federal constitution, to the enjoyment of
all the rights, advantages. and immunities
q n States
in the meantime they shall be maintained
and protec5ed in the free enjoyment Of
q their liberty, property, and the religion
which they profess"
The treaty of 1919 by which Florida was
& ceded to the United States in Article VII
81 has provision of similar legal import. So
81 have the treaties by which New Mexico
81 Utah, California, etc, We're acquired IN
81 1S4S and 1858, contained In Articles VIII
s. and TX of the treaty of 1SiS and brought
forward into the treaty of 1853 by Article
81 V. The treaty of 1867. by which Alaska
was acquired, has no provision for the
s# incorporation of the territory into the
Union as a State or States. 1t divides the
inhahitants INTO two classes. 1t provides
Il that they may return to Russia within
three years, and of those who do not re-
turn says:
But if they should prefer to remain in
the ceded territory they, with the eXcep-
ton of the uncivilzed native tribes, shall
Nbe admitted to the enjoyment of all the
Arghts, advantages, and immunities OF citi-
Zens of the United States and shall be
maintained and protected in the free en-
Sjoyment of their liberty, property and re-
ligion. The unciviized tribes shall be
Subject to such regulations as the United
States may, from time to time, adopt in
regard to aboriginal tribes of that coun-
TRY"
3 1t is thus manifest that in every treaty
by which the United States has acquired
Hinhabited territory prior to the late treaty
with Spain the ceding power has inserted
provision that the inhabitants, except
uncivilzed tribes, shall be admdtted to the
enjoyment of all the rights, advantages
and immunities of citizens of the United
# States, and all except that by which
Alaska was acquired, contain the further
provision that they shall in due time, to
# be determined by Congress, be admitted
las a State or States into the Union.
ID fail to find any decision of the Supreme
@Court which fairly indicates that the Con-
stitution of the United States, unalded
by Congressional legislation or by treaty.
ex proprio vigore" extends to the terri
tories acquired by the United States There
%are expressions in several of the opinions
(which would indicate that such might lie
&the view of the writer Such expressions
were unnecessary for the decision. IL no
lease which l have been able to find is
this point actually considered and decided.
in every case in which the court has de-
4cided that the party was entitled to he
4accorded the rights, privileges, and i'm