The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-16

ALBANY. y Y. Jan 16.-Charles \.
Gardiner. Of New York city, today deiiv-
cred before the New York State Bar Asso-
citation az its annual meeting. an address
on The Constitution and Our New Pos
sessions" Il was in answer to the Ann
Arbor address of ex-President Harrison
After summarizing General Harrison's ar
guTnents Nj. Gardiner gave brief history
Of and analysed the '.proprio yigore' doc
trine. its denunciation b. the Lincoln
convention. and It's adoption by the Har-
rison Administration. Our alleged prac-
tice for III years of extending the COnsu-
tuition was then gone into and the bill OF
rights for citizens only" discussed. Mr..
Gardiner discussed the annexation of ter
ri1ory as a political. not judicial problem,
and held that General Harrison's treason
arguments were faIIacious. He claimed
that the power of Congress is unlimited,
and that the Harrison Administration
originated the present insuIar policy, and
pointed 10 its Hawaiian record. and de
clared that Harrison was wrong on every
expansion problem Mr. Gardiner held that
the Supreme Court cannot decide the
pending issues They must be regulated
he declared. by Congress and the people
In opening his address. Mr. Gardiner
said that the problem Of our right 10 ac-
quire and govern foreign territory mas
passed from the stage Of controversy into
final judgment.
1.-THE right TO acquire and govern Is low
conceded: for two years Congress and tie
President have exercised 1t; and n the
last election. the action Of the peoples
representatives was sustained by the oY-
erwheiEning vote OF the people themselves
The problems now before the IA in
arise from the Government CT our new
possessions. IN his recent Ann Arbor ed
dress. General Harrison based his entire
argument on the seIf-eXpaEsI0n CT Ire
Constitution. Annexation ipSo Iacto. ne
SAYS. extends the document over annexed
territory It becomes operative therein
proprio YigOre, and con ers on the lDh3Il
ants our Bill Of Rights and the civil and
political franchises Of american citi<sns-
Congress. therefore cannot govern ne
island with plenary power, but IS subject
TO all Constitutional limitations
"Let Us 20 step further. Who was
II that inaugurated cur present IasuisF
and extra-te territorial policy Nj Gard
ner asked That policy received IS
first practical and definite expression n
the transmission TO Congress BY PTesI-
dent Harrison On February j.. 1898. OF
treaty providing fer the immediate an
nezation Of Hawaii. He then said: The
treaty does NOT attempt 10 deal Il detail
with the questions that grow out Of the
annexation The Commissioners repre-
senting the Hawaiian Government have
consented 10 leave to the future and . he
Just and benevolent purposes Ct the
United States the adjustment Of all such
questions II il 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 pro-
vide by legislation a permanent form Of
government for the islands
General Harrison Is here confronted
with a distressing dilemma Was he ri ht
n 1893 CT IS he right now2 He urged
Congress to 2nnoT irnmadia--sIy- hIIt only
sub mOdO. as We have annexed Porto Rico
end the Philippines and then the op=ra-
ton of tie Constitution and Federal
statutes was TO be suspended until sach
Lime as Congress can provide by legisla-
ton a permanent form OF Government
For q year after ratification, and pending
Congressional action, Hawaii was also
90 retain its separate tariff laws, and its
Chinese inhabitants were forever excluded
from American soil as if entering from
foreign country The policy of the pres
Snt Administration is Identical with that
initiated by. General Harrison
Again. he urged that all questions arts
ing out Of annexation should be left 10
the future and to the just and benevolent
purposes of the United States When
President Mckinley issued instructions
for the government Of the Philippines. he
not only followed the Hawaiian precedent. !
but adopted General Harrison's language
he guaranteed the Filipinos just and be- !
nevOlent government according TO the
principles and purposes OF the United
States And yet General Harrison now !
seven years later-bitterly attacks his |
avn pOIicv PnfaTrYuay 70 Porto picar7- and I
filipinos. he says: We offer them only /
Sh.E highly eonsoIatory thought: Seventy /
ak millions Of free Americans can be /
trusted to deal beRevolently with you The 4
nan whose protection from wrong rests |
wholly upon the benevoIenee- of another /
man OF Of z Congress is a slave
General Harrison initiated the present !
&rsuiar policy he invented It's phraseoIogy.
and OF az men In public life he alone !
cannot now rise up 20 call it accursed!
But these questions will soon be de-
cided BY the Supreme Court says General
Harrison. That is impossible. The Su-
preme Court cannot and viii not decide !
them; and even il It attempted to do SO
Us actions would be revolutionary and |
void Can IL mandamus the President |
Can It enjoin the Congress? Can II pro
hibit this sovereign nation from exercis-
sng It's sovereignty over conquered terri
tory? Unless Il oyerTules the precedents
Of a century. and repudiates q practice
that has prevailed since its foundation,
Che court viii decide only problems OF z
strictly judicial character, refuse to pass
on those Of a political nature and reie-
gate their further consideration to the 20
ljticai departments Of the Government. It
viii thus settle few II any Of the great
problems discussed by General Harrison.
and now agitating the American public
These questions" Gr. Gardiner con
5inued must be left TO the sovereign
people and their duly constituted agents.
Congress and the President. Is there /
then. no restraint on their action? All
there ever has been in our history. Dur
ing ia years We have annexed and gov
crucd $3.50 600 square miles Of new terri