The latter clause was obviously the constitutional way of conveying the

idea about the Territories which the opponents of the Philippine policy

are now trying to read into the name "United States." The constitutional

provision previously cited about citizenship illustrates the same

point. It says "all persons born," etc., "are citizens of the United

States _and of the State wherein they reside_." There is no possibility

left here that Territories are to be held as an integral part of the

United States, in the sense in which the Constitution, in this clause,

uses the name. If they had been, the clause would have read, "and of

the State _or Territory_ in which they reside." For these opinions

high authorities are also cited, including debates in the Senate, acts

of Congress, the constant practice of the Executive, and most of the

judicial rulings of the last half-century that seem to bear upon the

present situation.

[Sidenote: The Outcome not Doubtful.]

It has been thought best, in an explanation to readers in another

country of the perplexity arising in the American mind, in a sudden

emergency, from these disputed points in constitutional powers, to set

forth with impartial fairness and some precision the views on either

side. It is essential to a fair judgment as to the apparent hesitation

since this problem began to develop, that the real basis for the

conflicting opinions should be understood, and that full justice should

be done to the earnest repugnance with which many conscientious

citizens draw back from sending American youth to distant tropical

regions to enforce with an armed hand the submission of an unwilling

people to the absolute rule of the Republic. It should be realized,

too, how far the new departure does unsettle the practice and policy of

a century. The old view that each new Territory is merely another

outlet for surplus population, soon to be taken in as another State in

the Union, must be abandoned. The old assumption that all inhabitants

of territory belonging to the United States are to be regarded as

citizens is gone. The idea that government anywhere must derive its

just powers only from the consent of the governed is unsettled, and

thus, to some, the very foundations of the Republic seem to be shaken.

Three generations, trained in Washington's warnings against foreign

entanglements, find it difficult all at once to realize that advice

adapted to a people of three millions, scattered along the border of a

continent, may need some modifications when applied to a people of

seventy-five millions, occupying the continent, and reaching out for

the commerce of both the oceans that wash its shores.

But whatever may be thought of the weight of the argument, either as to

constitutional power or as to policy, there is little doubt as to the

result. The people who found authority in their fundamental law for

treating paper currency as a legal tender in time of war, in spite of

the constitutional requirement that no State should "make anything but

gold and silver coin a tender in payment of debts," will find there

also all the power they need for dealing with the difficult problem

that now confronts them. And when the constitutional objections are

surmounted, those as to policy are not likely to lead the American

people to recall their soldiers from the fields on which the Filipinos

attacked them, or abandon the sovereignty which Spain ceded. The

American Government has the new territories, and will hold and govern

them.

A republic like the United States has not been well adapted hitherto to

that sort of work. Congress is apt to be slow, if not also changeable,

and under the Constitution the method of government for territories

must be prescribed by Congress. It has not yet found time to deal with

the Sandwich Islands. Its harsher critics declare it has never yet

found time to deal fairly with Alaska. No doubt, Executive action in

advance of Congress might be satisfactory; but a President is apt to

wait for Congress unless driven by irresistible necessities. He can

only take the initiative through some form of military government. For

this the War Department is not yet well organized. Possibly the easiest

solution for the moment would be in the organization of another

department for war and government beyond the seas, or the development

of a measurably independent bureau for such work in the present

department. Whatever is done, it would be unreasonable to expect

unbroken success or exemption from a learner's mistakes and

discouragements. But whoever supposes that these will result either in

the abandonment of the task or in a final failure with it does not know

the American people.

VII

OUR NEW DUTIES

This commencement address was delivered on the campus at Miami

University, Oxford, Ohio, at the celebration of its seventy-fifth

anniversary, June 15, 1899.

OUR NEW DUTIES

Sons and Friends of Miami: I join you in saluting this venerable mother

at a notable waymark in her great life. One hundred and seven years ago

the Congress voted, and George Washington approved, a foundation for

this University. Seventy-five years ago it opened its doors. Now, si

monumentum quæris, circumspice. There is the catalogue. There are the

long lists of men who so served the State or the Church that their

lives are your glory, their names your inspiration.[5] There are the

longer lists of others to whom kinder fortune did not set duties in the

eye of the world; but Miami made of them citizens who leavened the lump

of that growing West which was then a sprawling, irregular line of

pioneer settlements, and is now an empire. Search through it, above and

below the Ohio, and beyond the Mississippi. So often, where there are

centers of good work or right thinking and right living--so often and

so widely spread will you find traces of Miami, left by her own sons or

coming from those secondary sources which sprang from her example and

influence, that you are led in grateful surprise to exclaim: "If this

be the work of a little college, God bless and prolong the little

college! If, half starved and generally neglected, she has thus

nourished good learning and its proper result in good lives through the

three quarters of a century ended to-day, may the days of her years be

as the sands of the sea; may the Twentieth Century only introduce the

glorious prime of a career of which the Nineteenth saw but modest

beginnings, and may good old Miami still flourish in sæcula sæculorum!"

[5] Much attention had been attracted, as the date for this

celebration approached, to the numerous sons of this small

college who had in one way or another become prominent; and the

newspapers printed long lists of them. Among the names thus

singled out in the press were Benjamin Harrison, of the class of

1852, President of the United States, 1889-93; William Dennison,

class of 1835, Governor of Ohio, 1859-63, and Postmaster-General

under Abraham Lincoln; Caleb B. Smith, 1826, Secretary of the

Interior in the same Administration; General Robert C. Schenck,

1827, Chairman Ways and Means Committee in House of

Representatives, Major-General in the Civil War, and United

States Minister to Brazil and to Great Britain; William S.

Groesbeck, 1834, Congressman, counsel for Andrew Johnson in the

impeachment proceedings, and United States delegate to the

International Monetary Congress, 1878; Samuel Shellabarger, 1841,

Congressman, member of the Crédit Mobilier Investigation, and of

the United States Civil Service Commission; Oliver P. Morton,

1845, War Governor of Indiana, and United States Senator; Charles

Anderson, 1833, Governor of Ohio; James Birney, 1836, Governor of

Michigan; Richard Yates, 1830, War Governor of Illinois, and

United States Senator; Milton Sayler, 1852, Speaker House of

Representatives; John S. Williams, 1838, the "Cerro Gordo

Williams" of the Mexican War, United States Senator from

Kentucky; George E. Pugh, 1840, United States Senator from Ohio;

James W. McDill, 1853, United States Senator from Iowa; General

Samuel F. Carey, 1835, Congressman from Ohio, and temperance

orator; Albert S. Berry, 1856, Congressman from Kentucky; Dr.

John S. Billings, U.S.A., 1857, head of New York Library; David

Swing, 1852, the Chicago clergyman; General A. C. McClurg, 1853,

the Chicago publisher; Henry M. MacCracken, 1857, Chancellor of

New York University; William M. Thomson, 1828, author of "The

Land and the Book"; Calvin S. Brice, 1863, railway-builder, and

United States Senator; etc.

But the celebration of her past and the aspirations for her future

belong to worthier sons--here among these gentlemen of the Board who

have cared for her in her need. I make them my profound acknowledgments

for the honor they have done me in assigning me a share in the work of

this day of days, and shall best deserve their trust by going with

absolute candor straight to my theme.

[Sidenote: New Duties; a New World.]

I shall speak of the new duties that are upon us and the new world that

is opening to us with the new century--of the spirit in which we should

advance and the results we have the right to ask. I shall speak of

public matters which it is the duty of educated men to consider; and of

matters which may hereafter divide parties, but on which we must refuse

now to recognize party distinctions. Partizanship stops at the

guard-line. "In the face of an enemy we are all Frenchmen," said an

eloquent Imperialist once in my hearing, in rallying his followers to

support a foreign measure of the French Republic. At this moment our

soldiers are facing a barbarous or semi-civilized foe, who

treacherously attacked them in a distant land, where our flag had been

sent, in friendship with them, for the defense of our own shores. Was

it creditable or seemly that it was lately left to a Bonaparte on our

own soil to teach some American leaders that, at such a time, patriotic

men at home do not discourage those soldiers or weaken the Government

that directs them?[6]

[6] "MY DEAR SIR: I have received your letter of the 23d inst.,

notifying me of my election as a vice-president of the

Anti-Imperialist League. I recognize the compliment implied in

this election, and appreciate it the more by reason of my respect

for the gentlemen identified with the league, but I do not think

I can appropriately or consistently accept the position,

especially since I learn through the press that the league

adopted at its recent meeting certain resolutions to which I

cannot assent.... I may add that, while I fully recognize the

injustice and even absurdity of those charges of 'disloyalty'

which have been of late freely made against some members of the

league, and also that many honorable and patriotic men do not

feel as I do on this subject, I am personally unwilling to take

part in an agitation which may have some tendency to cause a

public enemy to persist in armed resistance, or may be, at least,

plausibly represented as having this tendency. There can be no

doubt that, as a matter of fact, the country is at war with

Aguinaldo and his followers. I profoundly regret this fact;...

but it is a fact, nevertheless, and, as such, must weigh in

determining my conduct as a citizen....

"CHARLES JEROME BONAPARTE.

"BALTIMORE,

"May 25, 1899."

Neither shall I discuss, here and now, the wisdom of all the steps that

have led to the present situation. For good or ill, the war was fought.

Its results are upon us. With the ratification of the Peace of Paris,

our Continental Republic has stretched its wings over the West Indies

and the East. It is a fact and not a theory that confronts us. We are

actually and now responsible, not merely to the inhabitants and to our

own people, but, in International Law, to the commerce, the travel, the

civilization of the world, for the preservation of order and the

protection of life and property in Cuba, in Porto Rico, in Guam, and in

the Philippine Archipelago, including that recent haunt of piracy, the

Sulus. Shall we quit ourselves like men in the discharge of this

immediate duty; or shall we fall to quarreling with each other like

boys as to whether such a duty is a good or a bad thing for the

country, and as to who got it fastened upon us? There may have been a

time for disputes about the wisdom of resisting the stamp tax, but it

was not just after Bunker Hill. There may have been a time for hot

debate about some mistakes in the antislavery agitation, but not just

after Sumter and Bull Run. Furthermore, it is as well to remember that

you can never grind with the water that has passed the mill. Nothing in

human power can ever restore the United States to the position it

occupied the day before Congress plunged us into the war with Spain, or

enable us to escape what that war entailed. No matter what we wish, the

old continental isolation is gone forever. Whithersoever we turn now,

we must do it with the burden of our late acts to carry, the

responsibility of our new position to assume.

When the sovereignty which Spain had exercised with the assent of all

nations over vast and distant regions for three hundred years was

solemnly transferred under the eye of the civilized world to the United

States, our first responsibility became the restoration of order. Till

that is secured, any hindrance to the effort is bad citizenship--as bad

as resistance to the police; as much worse, in fact, as its

consequences may be more bloody and disastrous. "You have a wolf by the

ears," said an accomplished ex-Minister of the United States to a

departing Peace Commissioner last autumn. "You cannot let go of him

with either dignity or safety, and he will not be easy to tame."

[Sidenote: Policy for the New Possessions.]

But when the task is accomplished,--when the Stars and Stripes at last

bring the order and peaceful security they typify, instead of wanton

disorder, with all the concomitants of savage warfare over which they

now wave,--we shall then be confronted with the necessity of a policy

for the future of these distant regions. It is a problem that calls for

our soberest, most dispassionate, and most patriotic thought. The

colleges, and the educated classes generally, should make it a matter

of conscience--painstakingly considered on all its sides, with

reference to International Law, the burdens of sovereignty, the rights

and the interests of native tribes, and the legitimate demands of

civilization--to find first our national duty and then our national

interest, which it is also a duty for our statesmen to protect. On such

a subject we have a right to look to our colleges for the help they

should be so well equipped to give. From these still regions of

cloistered thought may well come the white light of pure reason, not

the wild, whirling words of the special pleader or of the partizan,

giving loose rein to his hasty first impressions. It would be an ill

day for some colleges if crude and hot-tempered incursions into current

public affairs, like a few unhappily witnessed of late, should lead

even their friends to fear lest they have been so long accustomed to

dogmatize to boys that they have lost the faculty of reasoning with

men.

When the first duty is done, when order is restored in those commercial

centers and on that commercial highway, somebody must then be

responsible for maintaining it--either ourselves or some Power whom we

persuade to take them off our hands. Does anybody doubt what the

American people in their present temper would say to the latter

alternative?--the same people who, a fortnight ago, were ready to break

off their Joint Commission with Great Britain and take the chances,

rather than give up a few square miles of worthless land and a harbor

of which a year ago they scarcely knew the name, on the remote coast of

Alaska. Plainly it is idle now, in a government so purely dependent on

the popular will, to scheme or hope for giving the Philippine task over

to other hands as soon as order is restored. We must, then, be prepared

with a policy for maintaining it ourselves.

Of late years men have unthinkingly assumed that new territory is, in

the very nature of our Government, merely and necessarily the raw

material for future States in the Union. Colonies and dependencies, it

is now said, are essentially inconsistent with our system. But if any

ever entertained the wild dream that the instrument whose preamble says

it is ordained for the United States of _America_ could be stretched to

the China Sea, the first Tagal guns fired at friendly soldiers of the

Union, and the first mutilation of American dead that ensued, ended the

nightmare of States from Asia admitted to the American Union. For that

relief, at least, we must thank the uprising of the Tagals. It was a

Continental Union of independent sovereign States our fathers planned.

Whoever proposes to debase it with admixtures of States made up from

the islands of the sea, in any archipelago, East or West, is a bad

friend to the Republic. We may guide, protect, elevate them, and even

teach them some day to stand alone; but if we ever invite them into our

Senate and House, to help to rule us, we are the most imbecile of all

the offspring of time.

[Sidenote: The Constitutional Objection.]

Yet we must face the fact that able and conscientious men believe the

United States has no constitutional power to hold territory that is not

to be erected into States in the Union, or to govern people that are

not to be made citizens. They are able to cite great names in support

of their contention; and it would be an ill omen for the freest and

most successful constitutional government in the world if a

constitutional objection thus fortified should be carelessly considered

or hastily overridden. This objection rests mainly on the assumption

that the name "United States," as used in the Constitution, necessarily

includes all territory the Nation owns, and on the historic fact that

large parts of this territory, on acquiring sufficient population, have

already been admitted as States, and have generally considered such

admission to be a right. Now, Mr. Chief Justice Marshall--than whom no

constitutional authority carries greater weight--certainly did declare

that the question what was designated by the term "United States" in

the clause of the Constitution giving power to levy duties on imposts

"admitted of but one answer." It "designated the whole of the American

empire, composed of States and Territories." If that be accepted as

final, then the tariff must be applied in Manila precisely as in New

York, and goods from Manila must enter the New York custom-house as

freely as goods from New Orleans. Sixty millions would disappear

instantly and annually from the Treasury, and our revenue system would

be revolutionized by the free admission of sugar and other tropical

products from the United States of Asia and the Caribbean Sea; while,

on the other hand, the Philippines themselves would be fatally

handicapped by a tariff wholly unnatural to their locality and

circumstances. More. If that be final, the term "United States" should

have the same comprehensive meaning in the clause as to citizenship.

Then Aguinaldo is to-day a citizen of the United States, and may yet

run for the Presidency. Still more. The Asiatics south of the China Sea

are given that free admission to the country which we so strenuously

deny to Asiatics from the north side of the same sea. Their goods,

produced on wages of a few cents a day, come into free competition in

all our home markets with the products of American labor, and the cheap

laborers themselves are free to follow if ever our higher wages attract

them. More yet. If that be final, the Tagals and other tribes of Luzon,

the Visayans of Negros and Cebu, and the Mohammedan Malays of Mindanao

and the Sulus, having each far more than the requisite population, may

demand admission next winter into the Union as free and independent

States, with representatives in Senate and House, and may plausibly

claim that they can show a better title to admission than Nevada ever

did, or Utah or Idaho.

Nor does the great name of Marshall stand alone in support of such

conclusions. The converse theory that these territories are not

necessarily included in the constitutional term "the United States"

makes them our subject dependencies, and at once the figure of

Jefferson himself is evoked, with all the signers of the immortal

Declaration grouped about him, renewing the old war-cry that government

derives its just powers from the consent of the governed. At different

periods in our history eminent statesmen have made protests on grounds

of that sort. Even the first bill for Mr. Jefferson's own purchase of

Louisiana was denounced by Mr. Macon as "establishing a species of

government unknown to the United States"; by Mr. Lucas as "establishing

elementary principles never previously introduced in the government of

any Territory of the United States"; and by Mr. Campbell as "really

establishing a complete despotism." In 1823 Chancellor Kent said, with

reference to Columbia River settlements, that "a government by Congress

as absolute sovereign, over colonies, absolute dependents, was not

congenial to the free and independent spirit of American institutions."

In 1848 John C. Calhoun declared that "the conquest and retention of

Mexico as a province would be a departure from the settled policy of

the Government, in conflict with its character and genius, and in the

end subversive of our free institutions." In 1857 Mr. Chief Justice

Taney said that "a power to rule territory without restriction as a

colony or dependent province would be inconsistent with the nature of

our Government." And now, following warily in this line, the eminent

and trusted advocate of similar opinions to-day, Mr. Senator Hoar of

Massachusetts, says: "The making of new States and providing national

defense are constitutional ends, so that we may acquire and hold

territory for those purposes. The governing of subject peoples is not a

constitutional end, and there is therefore no constitutional warrant

for acquiring and holding territory for that purpose."

[Sidenote: An Alleged Constitutional Inability.]

We have now, as is believed, presented with entire fairness a summary

of the more important aspects in which the constitutional objections

mentioned have been urged. I would not underrate by a hair's breadth

the authority of these great names, the weight of these continuous

reassertions of principle, the sanction even of the precedent and

general practice through a century. And yet I venture to think that no

candid and competent man can thoroughly investigate the subject, in the

light of the actual provisions of the Constitution, the avowed purpose

of its framers, their own practice and the practice of their

successors, without being absolutely convinced that this whole fabric

of opposition on constitutional grounds is as flimsy as a cobweb. This

country of our love and pride is no malformed, congenital cripple of a

nation, incapable of undertaking duties that have been found within the

powers of every other nation that ever existed since governments among

civilized men began. Neither by chains forged in the Constitution nor

by chains of precedent, neither by the dead hand we all revere, that of

the Father of his Country, nor under the most authoritative exponents

of our organic act and of our history, are we so bound that we cannot

undertake any duty that devolves or exercise any power which the

emergency demands. Our Constitution has entrapped us in no impasse,

where retreat is disgrace and advance is impossible. The duty which the

hand of Providence, rather than any purpose of man, has laid upon us,

is within our constitutional powers. Let me invoke your patience for a

rather minute and perhaps wearisome detail of the proof.

The notion that the United States is an inferior sort of nation,

constitutionally without power for such public duties as other nations

habitually assume, may perhaps be dismissed with a single citation from

the Supreme Court. Said Mr. Justice Bradley, in the Legal Tender Cases:

"As a government it [the United States] was invested with all the

attributes of sovereignty.... It seems to be a self-evident proposition

that it is invested with all those inherent and implied powers which,

at the time of adopting the Constitution, were generally considered to

belong to every government as such, and as being essential to the

exercise of its functions" (12 Wall. 554).

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