The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-31
WHERE ARE WE ATe

profane-if he were made of the fiery
metal Of which Andrew Jackson was con-
structed-he would call his cabinet to-
gether upon his arrival in Washington
and demand of them, where in he'll are
we at?"
During the last year and a half there
has been uncertainty and confusion in
administration circles. but now there is
confusion worse confounded The hasty
and inconsiderate acquisition Of territory
holding millions of people, which the ad-
ministration declared were not fit for
self-government, made it necessary to
inaugurate a new national policy Of gov
eminent. This was not an expedient-it
was according to the logic of the Repub-
lican party, a necessity. If the Filipnos
were not fit for self government, to
make them part of self-governing ma
ton would be an act so illogical and glar-
ingly inconsistent that even Mckinley
himself dared not recommend it for the
Philippines. Nothing was left but a
of England. Here was the parting Of the
ways. Could the nation as a republic de-
part from its principles and reach out
its arm and draw to itself the islands
of the sea and govern them by other
and separate laws than those which OBJ
tain within the republic? Can a constitu-
tion&l republic govern a part of its ter
ritory with the autocratic scepter of alb
solutism? Is the jurisdiction of this con-
stitution coextensive with the republic
or is it dependent upon the whim of con-
gress? The supreme court has said that
it is Coextensive with the territory of
the republic. but may be withdrawn at
the call of congress i'll one particular
taxation Here the great decision ends.
Here, after months of waiting, months
of suspense, the people are set down in
utter darkness. What the court will do
with the questions still pending in the
Philippines whether the Porto Ricans
are citizens of the United States or for
eigneTs, whether Aguinaldo is an Amer
lean citizen after swearing allegiance to
the United States or is still a subject
of Spain, we can only guess. True, JUS
tice Brown, in his rambling apology,
which he read as an opinion, said:
Eve are also of opinion that the
power to acquire territory by treaty i'm
plies not only the power to govern such
territory, but to prescribe upon what
hD mi fEl Nf,A1,
inhabitants, and what their status shall
be in what Chief Justice Marshall termed
the American empire There seems to be
no middle ground between this position
and the doctrine that if their inhabitants
do not become Immediately upon anneXa-
tion citizens of the United States, their
children, after born, whether savages or
civilized, are such and entitled to all the
rights, privileges and ilnmunities Of citi-
Zens. If such be their status the conse-
quenceS will be extremely serious. In
deed, it is doubtful if congress would
ever assent to the annexation Of territory
upon the condition that it's inhabitants
however foreign they may be to our hab-
its, traditions and modes of life shall
become at once citizens of the United
States. In all the treaties hitherto the
treaty-making power has made special
provision for this subject. There is an
implied denial of the right Of the inhabi-
tant to American citizenship until con-
gress by further action shall signify its
assent thereto"
This question not being in the case, the
expression of opinion of Justice Brown is
cbiter dicta, with no binding force The
question of constitutional citizenship rests
upon quite another base than that of the
power to tax. The fact that the cases
involving the Philippines were put over,
indicates that the administration is to be
given time to right itself, and if it be
wise, place itself in line with the "plain
duty" marked out by the constitution.
1t is generally supposed that a human
being in a state of society owes ale
glance to some government; that he IS
a citizen Of some tribe or power. How
Is it with the Porto Ricans and the FIJI
ipinos if the argument of Justice Brown
is to prevail? They owe no allegiance
to Spain for the United States forced
them to relinquish that They are not
citizens Of the Filipino republic or Porto
Rico, because such powers are not ac-
knowledged by any one. Are they citizens
Of the United States? No, for congress
has taken no action extending TO them
the protection or the obligations of citi-
zenship. Where are they at? Do any of
our imperialistic friends know?
What viii be done with regard to the
exports and imports to and from the
Philippines until such time as congress
can meet and pass another Foraker bill?
VIII the constitution follow the flag there
as it did in Porto Rico until the 15 per
cent act was passed? What force has
the Spooner amendment to the army Hill
which gave the president power to act
as emperor of the Philippines? Can he,
through the Taft commission, establish a
government outside the constitution and
put into force the Philip ne tariff sched-
ule that has been preparing? Can the
congress by act delegate absolute legsla-
tive power to the president, who in turn
delegates it to a commission? That is
what has been attempted. There is a rule
OF law as old as legislation that leg
islative body cannot delegate its pow
ers' Win the president attempt to exc
else his power as commandments of
the army. and govern the Philippines as