Evening star., 1901-10-29
status of the Philippines.

Elsewhere In The Star is printed an
ANALYSIS on broad lines of the insular tarln
decisions of the Supreme Court that were
rendered in May. 1t serves as suggestive
preparatory preface for the expected Su-
preme Court decision which is soon to ap-
ply to the Philippines the principles already
laid down in respect to Porto Rico.
This analysis discioses that the result Of
the clashing of minds in our great judicial
tribunal has been agreement upon precise
ly those lines of decision which, without
elaborate argument as to their soundness,
were declared in The Stars editorial cor
respondence from the Philippines to be es-
sentiaI both to Filipino and American well
fare In the opinion of the justices of the
Supreme Court the Constitution follows the
flag and extends to Porto Rico and the
Philippines but these islands are not under
the revenue uniformity clause of the Con-
stitution integral parts of the United
States. The Stars editorial correspondence
urged that 'if the welfare Of the parties
in interest both Filipinos and Americans, is
to be considered IN the matter, the United
States will not be held to include the Phil
ippines either for the purposes of uniformi-
ty in duties or for eonferring upon the Fill
pinos indiscriminately national citizen
ship"
The vital question affecting the Philip
pines was declared to be: In what cases
is territory belonging to the United States
to be construed as included within the
words United States as they appear in
different sections of the Constitution" The
issue was distinctly not whether the Philip
pines were outside of the Constitution.
1T Is unnecessary to take the position
that the Constitution does not extend to
the Philippines in order to secure for them
the considerate and discriminating treat
ment which is advocated. The Constitu-
ton, as the organic law of the United
States, creates Congress. makes it the gov
erning body of the Philippines and fixes
the status OF the archipelago as territory
belonging to the United States and among
places subject to their Jurisdiction The
Philippines are not outside of the Consti-
tuition, but are recognized by that docu-
ment and take the niche in the govern
mental structure assigned to them by it.
To say that certain constitutional limita-
tions upon the power of Congress are not
intended to apply to it in legislating for
the territories is not to place the latter
outside of the Constitution. Congress may
be thrown thereby outside of certain con-
stitutional restraint. But the Constitution
gives to Congress as the legislature of the
territories express power to make all need
full rules and regulations concerning them.
II no one of the constitutional limitations
upon the power of Congress is held to ap-
ply to 1t in this capacity, it will not then
cut loose from the Constitution, since it
will, in legislating for the territories. be
fulfilling function intrusted to it without
restriction by the Constitution ITSELF
Attention was called to the disastrous eff
feet of a practical denial of national power
safely to expand territorially and COM
mercfally, and to ALLEVIATE undesirable ac-
quisitions. Special stress was also laid
upon the injury to the Filipinos themselves
1.-The policy OF the expansionists requires
that the Philippines be treated as territory
belonging to the United States, and not as
In every respect and under all conditions
an integral part of the Union in order that
the republic our Asatic trade may be vast
ly developed, and our hold upon the Pacific,
the great ocean of the commercial future
may be strengthened and confirmed.
THE policy of the anti-expansionists also
demands continuous treatment of the is
lands as territory subject to the disposal
OF Congress in order that there may be
left the possibility, after full examination
and discussion, of cutting the tie which
binds the Philippines to the United States
on the ground that it Is injurious to both
peoples.
The interests and welfare of the Fflipi-
nos themselves demand this treatment in
order that there may be considerate fex-
1blllty in the government and laws applied
TO them. which would be impossible If the
Islands were subjected to the constitutional
limitations concerning uniformity of duties
and other restrictive provisions applicable
10 the states of the Union.'