Omaha daily bee., 1902-02-15
DECLARATION AND COLONIES
JshH L. Webster Again ETpOunds the
JsffsrssSian DOcuunt,
NO BAR PLACED AGAINST EXPANSION
immortal Embodiment of Funda-
metal Facts Does Not Forbid
United States to Acquire or
Govern New Territory.

it forbids the United States to govern
colonies.
Mr.. Webster prefaced his argument on
the Declaration Of Independence by a some
what exhaustive review Of events leading
up to the adoption Of the historical docu-
ment. His object in this was to show
that the revoited subjects Of King George
III. were satisfied to remain under colonial
government and had no thought of separa-
ton from the mother country. Core
spondence and public addresses, instruc-
lions to delegates sent to the continental
congress and other utterances were freely
quoted In support Of this position. George
Washington, Thomas Jefferson, John
Adams, Benjamin Franklin and John Ran
dolph were among the witnesses called
upon. ut was not until May, 1776," said
Mr.. Webster, that George Washington be-
came satisfied that reconciliation was i'm
practicable and spoke in favor Of indepen-
dence. . . It was not until the clash
OF arms had resounded for a year, when the
union Of the colonies had been ccmented
by blood poured out in their common de-
Tense and when the hosts of the British
armies we're assembled on their shores,
when the British navy rode lordly on their
coast, discharging on their unprotected
lands the Hessian troops that the FOND hope
OF peace and reconciliation fed. Then 1t
was, and not before, that one colony after
another came to the full realization of the
fact that the time had come to declare
to the world that Great BRIAN had for
feited all obligation Of allegiance on the
part OF the colonies and that they should
be free and independent states"
Declaration and Expansion.
IJayto- lila a. e " -
proceeded to the question of whether the
Declaration of Independence in any way
operates to limit the right OF the United
States to maintain a government over col
onies. He said:
dence in vain for any words \ against
colonial governments, as such, or against
the rights of an established government to
acquire and govern colonies or provinces.
In the instrument itself is found the solemn
declaration that, as. free and independent
copclude peace, contract alliances, estab-
lish commerce, and to do ali other acts
ana Things which Independent states may
All other acts and things which indepen-
Dent states may of right do was an all
comprehensive expression, including the
exercise OF powers which belong to estab-
nshed governments, and which have been
recognized by the law of nations as essen
tiai elements of sovereignty. 1t must have
been the purpose, and It was thus the de-
Siared purpose. that the new state should
have all the powers which attach to other
independent nations. in addition to those of
declaring war, concluding peace, contract
ing alliances, of establishing As
other independent nations have through ali
times exercised the power of acquiring
ceIpniasy ana governing provinces and
that declaration recognized as belonging to
the United States.
Consent of the Governed,
Following this line Of argument Mr.. Web
ster proceeded with quotations from Alex
ander Hamilton and Others Of the earlier
American statesman to support his posi-
ton. On the mooted point Of the consent of
the governed he said: ~
But 1t may be suggested that the clause
mat governments derive their Just powers
the acquiring, holding and governing OF
coionles and provinces. Neither this, nor
the declaration that all men are created
equaL were understood at the time as Civ
ING all men an equal right to participate in
the actual affairs Of government, nor that
TO which all the people had not consented,
The men of that day had in their minds an
zeal government perfect in form, in which
elgn. Al the same time they were practical
men. They knew there were Inequalities
OF condition, of intellect. OF habits Of life.
They knew that government was essential
to the well-being OF a community and that
others must be obedient to the T res1ra inta
or law They knew the imperfection of
humanity, and that in times OF commotion
ana excitement there must be a controlling
power over the turbulent. They knew that
mar had not reached a state of wisdom
endure without limitations. and thai r.
should not be thrown on without just cause
and provocation. Clinging to their notions
straints and limitations deemed essential
to Its practical success and perpetuity.
Mr., Webster quoted from a draft of a
constitution prepared by Thomas Jefferson
In June. 1T7e, in which the great vir-
sinian placed a property-holding qualihca-
ton on the voter. He followed this with an
enumeration Of the conditions which were
prescribed in the several colonies govern
ing the franchise. In all but New Jersey
the holding Of property was a condition
necessary. After thirty-one years New Jer-
sey changed it's constitution on the point.
Jefferson's ordinance for the governing of
the Northwest Territory by the United
States was also drawn upon as anfording
an Illustration OF the Interpretation placed
on the consent OF the governed clause by
the author OF the document. In this case
the consent of the governed was not sought
by the congress OF the United States.
Who Deserve Independence.
He emphatically denied that the Filipinos
nave the right 10 assert their Independence.
Under the Jeffersonian document he as
serted that those only may declare their
independence who are capable Of assum-
ing among the powers Of the earth a sep,
arate and equal station. None but a people
who are strong enough in all the essential
qualifications OF maintaining a stable gov
eminent among the recognized powers of
the world. and only such are Included in
the language OF the declaration" He con-
cluded:
Liberty does not ind its definition IN
glttering generalities. 1t is practical in
It's scope and purposes. II Is not the same
IN all times and all places, and with All
peoples. II means. the largest Individual
freedom, consistent with the welfare OF
al, and the ability to maintain Il.
wherever the American flag has gone IL
vent attended with the great principles
of liberty. For 100 years this nation mas
been growing and expanding and acquiring
terr1tory and governing peoples, and over
All. these lands IL has given the most un-
bounded liberty. II has done SO not be
cause these principles were declared a CEN
fury ana a quarter ago, not because they
were written on parchment, not because
they are guaranteed in the constitution.
put because they are written on the hearts
OF the American people, and they Will give
the Inhabitants of these islands m me
western seas their due share of this in
destructtble heritage of humanity; and this
they would do. even though the Declare