The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03

tlons 10 which he referred as being ineffec-
tive and not binding was the resolution
adopted by the Senate soon after the rau-
hcauon of the treaty.
TIE MAJORITY OPINION
After stating the case at some length
Chief Justice Fuller quoted somewhat ex-
tensively from the opinion Of this court
IN the case Of DE Lima VS.. Bidwell. His
quotation from t-at case was the para
graph setting forth the theory that
country remains foreign with respect 10 the
tariff laws until Congress has acted by
embracing it within the customs The opin-
ion then continued as follows:
NO reason is perceived for any different
ruling as TO the Philippines. BY the third
article OF the treaty Spain coded 10 the
United States the archipelago known as
the Philippine islands. and the United
States agreed TO pay 10 Spain the sum OF
S-0evl,Qe0 within three months. The treaty
was ratified. Congress appropriated the
money. the ratification was proclaimed
The treaty-making power. the executive
power the legislative power, cOncurTed IN
the completion of the transaction me
Philippine thereby ceased, in the language
of the treaty TO be- Spanish Ceaslng 10 De
Spanish. they cease 10 be a foreign cOun-
try They came under the complete and
absolute sovereignty and dominion OF the
United States and 80 became territory or
the United states, over which civil gov
rcrnmCnt could be established. The result
was the same. although there was no
stipulation that the native Inhabitants
should b. Incorporated into the body polite
and none securing 10 them the right TO
choose their nationality. Their allegiance
became due TO the United states and they
became entitled 20 its protection.
''But IL is said that the case Of the PM +
iTpines Is TO be distinguished from that or
Porto Rico because on Feb. IA, 1893. after
the ratification of that treaty. the Senate
resolved that by the ratification or the
treaty of peace with Spain. 1t Is not IN
tended 10 Incorporate the inhabitants or
the Philippine islands into Citizenship OF
the United states, etc, nor 10 permanently
annex those islands. We need not consider
the. force and effect of resolution OF THIS
sort. If adopted by Congress, not like that
of April 30 loss In respect 10 Cuba pre-
liminary 10 the declaration or war, but
after title had passed by ratified cesslon
il IS enough that there was joint resolu-
ton. that IL was adopted by the Senate
by a vote OF - 10 %; not twO-thirds or a
Quorum: and that il is absolutely without
legal significance on the question before
us The meaning of the treaty cannot be
controlled BY subsequent explanations Of
some of those who may nave voted 10
rdtify IL. What view the House might nave
taken as to the intention of the Senate In
ratifying the treaty we are not Informed I;
nor is it material; and II any implication
from the action referred 70 could properly
be INDUCED il would seem 20 be that two
thirds OF d quorum of the Senate did not
consent TO the ratification on the grounds
indicated
cit is further contended that distinction
exists in that while complete possession Of
Porto Rico was taken by the United States,
this not so 70 the Philippines, be-
cause of the armed resistance OF the ma
tive inhabitants TO a greater or less ex-
tent We must decline to assume that the
government wishes thus TO disparage the
title OF the United States. or to place itself
in the position OF wagng a war OF con-
quest
The sovereignty Of Spain over the Phil
ippines and possession under claim of title
had existed for long series OF years prior
TO the war with the United States The
fact that there were instructions against
her or that uncivilized tribes may have
defied her viii did not affect the validity of
her title. She granted the islands TO the
United States, and the grantee. in accept
Ing them, took nothing less than the whole
grant If those i'm Instruction against
Spain continued in insurrectiOn against
the United States the legal title and pos
session OF the latter remained unaffected.
I'VE Go not understand that IL is claimed
that in carrying on the pending hOstilities
the government is seeking to subjUgate the