The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-21

| manner in which Charles A.
Sardlher, esq, of the New York city
par, In paper read before the New
| YORK Bar association at Albany on
Jan. l6, replied to and demolished the
| contention of former President Har-
! rison that the Constitution of it's own
Vigor and in detailed completeness
Keeps up with the flag.
After showing along familiar lines
that this contention originated in the
fertile mind of John c. Calhoun. who
invented it in the interest of slavery
and after proving by repeated cita-
tions from history that in no territory
since the governments earliest day
mas the Constitution obtained further
than as decreed by congress in the ex.
ercise of its discretionary power to
deal as 1t pleases with territory and
| other property of the United States"
MIR. Gardiner developed a new line OF
thought of incisive interest to the In
diana statesman and his admirers:
What solution does General Harrison offer for
these momcntous probemsy None whatever He
criticises and denounces, but has no remedy II
congress can rule with penary power, he saws.
| II VIII lie 'un. American" government a ''state
OF vassalagc' tyranny" will prevail, and it
VIII be altogether Shocking; Porto Ricans and
Filipinos will be ''saves': the PRINCIPLES of the
Declaration will be abandoned; and our reyolu.
tlonaIy fathers, who fought "tor rights not priv.
| ileges-ior constitution, not letter OF nstruc.
tions," will be "disgraced in their descendants ;,
| But such iervid rhetoric adds nothing TO a con.
stitutional argument. Indian territory for pinetv
md tlasls g.. al ..s.
unorsanized territories The constitution has not
been operative therein, they had local govern
ment and few Federal statutes For four wears
| President liarrsons administration ruled them
| directly from Washington--more absolutely than
the present administration is ruling Porto Rico
with its local government, and the Philippines
with the TAFT commission. We're the inhabitants
of Alaska and Indian territory "slaves?" Were
| they in 'state OF vassa..g?' Was their govern.
| ment "un'American" Did General Harrison ha-
| grantly violate the Declaration and merit the
malediction of our revolutionary fathers?
Mr.. Gardiner did not rest his case at
this point He relentlessly continued
| Who was IL that inaugurated our present insular
| and extraterritorial policy? That policy received
| its first practical and definite expression in the
Transmission to congress by President Harrison on
Feb. 10, 1893, OF treaty providing for the immc.
| date annexation of Hawaii. lie then said: ..The
the questions that grow out OF the annexation.
The commissioners representing the LA.
| waiian government have consented to leave 10
| the future and to the Just and benevolent pur.
poses OF the United States the adjustment OF all
| such questions, II it meets the approval OF the
| senate, peace and good order will be secured in
| the islands under existing law until such time
as congress can provide by legislation perman.
| ent form Of government for the islands" Gen.
era Harrison is here confronted with a distressing
dilemma. Was he right in 1893 or is he right
| nowI lie urged congress to annex Immediately,
| but only sub modo, as we have annexed Porto
| Rico and the Philippines, and then the operation
Of the Constitution and federal statutes was to be
| suspended "until such time congress can pro-
vide by legislation for permanent form OF gov.
| ernment" For year after ratification, and
| pending congressional action, Hawaii was also tc
retain its separate tarif laws, and its Chinese in,
| habltants were forever excluded from American
| soil "as " entering from foreign country" The
policy OF the present administration is identical
| with that initiated by General Harrison.
Again, he urged that all questions arising on.
| OF annexation should be left "to the future and
to the Just and benevolent purposes of the United
States" When President Mckinley issued his H.
structions for the government OF the Philipnlncj
| he not only followed the Hawaiian precedent, lu.
| accepted General Harrison's language-he gulIan
| teed the Filipinos "just and benevolent gov
| eminent" according TO the principles and 'pur
poses ri the United States" And yet General
| Harrison now-seven years later-btterly attack,
his own policy. Referring to Porto Ricans anC
| FilipIncs, ne says. "We offer them only mi,
highly consolatory thought: seventy.six millio7,
~ free Americans can he trusted 10 deal oauelc
| lent,y with YOU" 'The man whose protoctior
| from wrong rests wholly upon the benevoence Of
another man or Of congress Is a slave" Gu,
fathers accounted that to hold these thing
(rights) upon the tenure OF another's man beneyo
uAN IN hnlH ham. mn