Every one recalls this constitutional provision: "The Congress shall

have power to dispose of and make all needful rules and regulations

respecting the territory or other property of the United States." That

grant is absolute, and the only qualification is the one to be drawn

from the general spirit of the Government the Constitution was framed

to organize. Is it consistent with that spirit to hold territory

permanently, or for long periods of time, without admitting it to the

Union? Let the man who wrote the very clause in question answer. That

man was Gouverneur Morris of New York, and you will find his answer on

page 192 of the third volume of his writings, given only fifteen years

after, in reply to a direct question as to the exact meaning of the

clause: "I always thought, when we should acquire Canada and Louisiana,

it would be proper to govern them as provinces, and allow them no voice

in our councils. In wording the third section of the fourth article, I

went as far as circumstances would permit to establish the exclusion."

This framer of the Constitution desired then, and intended definitely

and permanently, to keep _Louisiana_ out! And yet there are men who

tell us the provision he drew would not even permit us to keep the

Philippines out! To be more papist than the Pope will cease to be a

thing exciting wonder if every day modern men, in the consideration of

practical and pressing problems, are to be more narrowly constitutional

than the men that wrote the Constitution!

Is it said that, at any rate, our practice under this clause of the

Constitution has been against the view of the man that wrote it, and in

favor of that quoted from Mr. Chief Justice Marshall? Does anybody

seriously think, then, that though we have held New Mexico, Arizona,

and Oklahoma as territory organized or unorganized, part of it nearly a

century and all of it half a century, our representatives believed all

the while they had no constitutional right to do so? Who imagines that

when the third of a century during which we have already held Alaska is

rounded out to a full century, that unorganized Territory will even

then have any greater prospect than at present of admission as a State?

or who believes our grandchildren will be violating the Constitution in

keeping it out? Who imagines that under the Constitution ordained on

this continent specifically "for the United States of _America_," we

will ever permit the Kanakas, Chinese, and Japanese, who make up a

majority of the population in the Sandwich Islands, to set up a

government of their own and claim admission as an independent and

sovereign State of our American Union? Finally, let me add that

conclusive proof relating not only to practice under the Constitution,

but to the precise construction of the constitutional language as to

the Territories by the highest authority, in the light of long previous

practice, is to be found in another part of the instrument itself,

deliberately added three quarters of a century later. Article XIII

provides that "neither slavery nor involuntary servitude shall exist

within the United States, _or any place subject to their jurisdiction_."

If the term "the United States," as used in the Constitution, really

includes the Territories as an integral part, as Mr. Chief Justice

Marshall said, what, then, does the Constitution mean by the additional

words, "or any place subject to their jurisdiction"? Is it not too

plain for argument that the Constitution here refers to territory not a

part of the United States, but subject to its jurisdiction--territory,

for example, like the Sandwich Islands or the Philippines?

What, then, shall we say to the opinion of the great Chief

Justice?--for, after all, his is not a name to be dealt with lightly.

Well, first, it was a dictum, not a decision of the court. Next, in

another and later case, before the same eminent jurist, came a

constitutional expounder as eminent and as generally accepted,--none

other than Daniel Webster,--who took precisely the opposite view. He

was discussing the condition of certain territory on this continent

which we had recently acquired. Said Mr. Webster: "What is Florida? It

is no part of the United States. How can it be? Florida is to be

governed by Congress as it thinks proper. Congress might have done

anything--might have refused a trial by jury, and refused a

legislature." After this flat contradiction of the court's former

dictum, what happened? Mr. Webster won his case, and the Chief Justice

made not the slightest reference to his own previous and directly

conflicting opinion! Need we give it more attention now than Marshall

did then?

Mr. Webster maintained the same position long afterward, in the Senate

of the United States, in opposition to Mr. John C. Calhoun, and his

view has been continuously sustained since by the courts and by

congressional action. In the debate with Mr. Calhoun in February, 1849,

Mr. Webster said: "What is the Constitution of the United States? Is

not its very first principle that all within its influence and

comprehension shall be represented in the Legislature which it

establishes, with not only a right of debate and a right to vote in

both houses of Congress, but a right to partake in the choice of

President and Vice-President?... The President of the United States

shall govern this territory as he sees fit till Congress makes further

provision.... We have never had a territory governed as the United

States is governed.... I do not say that while we sit here to make laws

for these territories, we are not bound by every one of those great

principles which are intended as general securities for public liberty.

But they do not exist in territories till introduced by the authority

of Congress.... Our history is uniform in its course. It began with the

acquisition of Louisiana. It went on after Florida became a part of the

Union. In all cases, under all circumstances, by every proceeding of

Congress on the subject and by all judicature on the subject, it has

been held that territories belonging to the United States were to be

governed by a constitution of their own,... and in approving that

constitution the legislation of Congress was not necessarily confined

to those principles that bind it when it is exercised in passing laws

for the United States itself." Mr. Calhoun, in the course of this

debate, asked Mr. Webster for judicial opinion sustaining these views,

and Mr. Webster said that "the same thing has been decided by the

United States courts over and over again for the last thirty years."

I may add that it has been so held over and over again during the

subsequent fifty. Mr. Chief Justice Waite, giving the opinion of the

Supreme Court of the United States (in National Bank _v._ County of

Yankton, 101 U.S. 129-132), said: "It is certainly now too late to

doubt the power of Congress to govern the Territories. Congress is

supreme, and, for all the purposes of this department, has all the

powers of the people of the United States, except such as have been

expressly or by implication reserved in the prohibitions of the

Constitution."

Mr. Justice Stanley Matthews of the United States Supreme Court stated

the same view with even greater clearness in one of the Utah polygamy

cases (Murphy _v._ Ramsey, 114 U.S. 44, 45): "It rests with Congress to

say whether in a given case any of the people resident in the Territory

shall participate in the election of its officers or the making of its

laws. It may take from them any right of suffrage it may previously

have conferred, or at any time modify or abridge it, as it may deem

expedient.... Their political rights are franchises which they hold as

privileges, in the legislative discretion of the United States."

The very latest judicial utterance on the subject is in harmony with

all the rest. Mr. Justice Morrow of the United States Court of Appeals

for the Ninth Circuit, in February, 1898, held (57 U.S. Appeals 6):

"The now well-established doctrine [is] that the Territories of the

United States are entirely subject to the legislative authority of

Congress. They are not organized under the Constitution nor subject to

its complex distribution of the powers of government. The United

States, having rightfully acquired the Territories, and being the only

Government which can impose laws upon them, has the entire dominion and

sovereignty, national and municipal, Federal and State."

[Sidenote: More Recent Constitutional Objections.]

In the light of such expositions of our constitutional power and our

uniform national practice, it is difficult to deal patiently with the

remaining objections to the acquisition of territory, purporting to be

based on constitutional grounds. One is that to govern the Philippines

without their consent or against the opposition of Aguinaldo is to

violate the principle--only formulated, to be sure, in the Declaration

of Independence, but, as they say, underlying the whole

Constitution--that government derives its just powers from the consent

of the governed. In the Sulu group piracy prevailed for centuries. How

could a government that put it down rest on the consent of Sulu? Would

it be without just powers because the pirates did not vote in its

favor? In other parts of the archipelago what has been stigmatized as a

species of slavery prevails. Would a government that stopped that be

without just powers till the slaveholders had conferred them at a

popular election? In another part head-hunting is, at certain seasons

of the year, a recognized tribal custom. Would a government that

interfered with that practice be open to denunciation as an usurpation,

without just powers, and flagrantly violating the Constitution of the

United States, unless it waited at the polls for the consent of the

head-hunters? The truth is, all intelligent men know--and few even in

America, except obvious demagogues, hesitate to admit--that there are

cases where a good government does not and ought not to rest on the

consent of the governed. If men will not govern themselves with respect

for civilization and its agencies, then when they get in the way they

must be governed--always have been, whenever the world was not

retrograding, and always will be. The notion that such government is a

revival of slavery, and that the United States by doing its share of

such work in behalf of civilization would therefore become infamous,

though put forward with apparent gravity in some eminently respectable

quarters, is too fantastic for serious consideration.

Mr. Jefferson may be supposed to have known the meaning of the words he

wrote. Instead of vindicating a righteous rebellion in the Declaration,

he was called, after a time, to exercise a righteous government under

the Constitution. Did he himself, then, carry his own words to such

extremes as these professed disciples now demand? Was he guilty of

subverting the principles of the Government in buying some hundreds of

thousands of Spaniards, Frenchmen, Creoles, and Indians, "like sheep in

the shambles," as the critics untruthfully say we did in the

Philippines? We bought nobody there. We held the Philippines first by

the same right by which we held our own original thirteen States,--the

oldest and firmest of all rights, the right by which nearly every great

nation holds the bulk of its territory,--the right of conquest. We held

them again as a rightful indemnity, and a low one, for a war in which

the vanquished could give no other. We bought nothing; and the twenty

millions that accompanied the transfer just balanced the Philippine

debt.

But Jefferson did, if you choose to accept the hypercritical

interpretation of these latter-day Jeffersonians--Jefferson did buy the

Louisianians, even "like sheep in the shambles," if you care so to

describe it; and did proceed to govern them without the consent of the

governed. Monroe bought the Floridians without their consent. Polk

conquered the Californians, and Pierce bought the New Mexicans. Seward

bought the Russians and Alaskans, and we have governed them ever since,

without their consent. Is it easy, in the face of such facts, to

preserve your respect for an objection so obviously captious as that

based on the phrase from the Declaration of Independence?

Nor is the turn Senator Hoar gives the constitutional objection much

more weighty. He wishes to take account of motives, and pry into the

purpose of those concerned in any acquisition of territory, before the

tribunals can decide whether it is constitutional or not. If acquired

either for the national defense or to be made a State, the act is

constitutional; otherwise not. If, then, Jefferson intended to make a

State out of Idaho, his act in acquiring that part of the Louisiana

Purchase was all right. Otherwise he violated the Constitution he had

helped to make and sworn to uphold. And yet, poor man, he hardly knew

of the existence of that part of the territory, and certainly never

dreamed that it would ever become a State, any more than Daniel Webster

dreamed, to quote his own language in the Senate, that "California

would ever be worth a dollar." Is Gouverneur Morris to be arraigned as

false to the Constitution he helped to frame because he wanted to

acquire Louisiana and Canada, and keep them both out of the Union? Did

Mr. Seward betray the Constitution and violate his oath in buying

Alaska without the purpose of making it a State? It seems--let it be

said with all respect--that we have reached the reductio ad absurdum,

and that the constitutional argument in any of its phases need not be

further pursued.

[Sidenote: The Little Americans.]

If I have wearied you with these detailed proofs of a doctrine which

Mr. Justice Morrow rightly says is now well established, and these

replies to its assailants, the apology must be found in the persistence

with which the utter lack of constitutional power to deal with our new

possessions has been vociferously urged from the outset by the large

class of our people whom I venture to designate as the Little

Americans, using that term not in the least in disparagement, but

solely as distinctive and convenient. From the beginning of the

century, at every epoch in our history we have had these Little

Americans. They opposed Jefferson as to getting Louisiana. They opposed

Monroe as to Florida. They were vehement against Texas, against

California, against organizing Oregon and Washington, against the

Gadsden Purchase, against Alaska, and against the Sandwich Islands. At

nearly every stage in that long story of expansion the Little Americans

have either denied the constitutional authority to acquire and govern,

or denounced the acquisitions as worthless and dangerous. At one stage,

indeed, they went further. When State after State was passing

ordinances of secession, they raised the cry,--erroneously attributed

to my distinguished predecessor and friend, Horace Greeley, but really

uttered by Winfield Scott,--"Wayward Sisters, depart in peace!"

Happily, this form, too, of Little Americanism failed. We are all glad

now,--my distinguished classmate here,[7] who wore the gray and invaded

Ohio with Morgan, as glad as myself,--we all rejoice that these

doctrines were then opposed and overborne. It was seen then, and I

venture to think it may be seen now, that it is a fundamental principle

with the American people, and a duty imposed upon all who represent

them, to maintain the Continental Union of American Independent States

in all the purity of the fathers' conception; to hold what belongs to

it, and get what it is entitled to; and, finally, that wherever its

flag has been rightfully advanced, there it is to be kept. If that be

Imperialism, make the most of it!

[7] The Hon. Albert S. Berry, M.C., from the Covington,

Kentucky, District.

[Sidenote: The Plain Path of Duty.]

It was no vulgar lust of power that inspired the statesmen and soldiers

of the Republic when they resisted the halting counsel of the Little

Americans in the past. Nor is it now. Far other is the spirit we invoke:

Stern daughter of the Voice of God,

O Duty! If that name thou love--

in that name we beg for a study of what the new situation that is upon

us, the new world opening around us, now demand at our hands.

The people of the United States will not refuse an appeal in that name.

They never have. They had been so occupied, since the Civil War, first

in repairing its ravages, and then in occupying and possessing their

own continent, they had been so little accustomed, in this generation

or the last, to even the thought of foreign war, that one readily

understands why at the outset they hardly realized how absolute is the

duty of an honorable conqueror to accept and discharge the

responsibilities of his conquest. But this is no longer a child-nation,

irresponsible in its nonage and incapable of comprehending or assuming

the responsibilities of its acts. A child that breaks a pane of glass

or sets fire to a house may indeed escape. Are we to plead the baby

act, and claim that we can flounce around the world, breaking

international china and burning property, and yet repudiate the bill

because we have not come of age? Who dare say that a self-respecting

Power could have sailed away from Manila and repudiated the

responsibilities of its victorious belligerency? After going into a war

for humanity, were we so craven that we should seek freedom from

further trouble at the expense of civilization?

If we did not want those responsibilities we ought not to have gone to

war, and I, for one, would have been content. But having chosen to go

to war, and having been speedily and overwhelmingly successful, we

should be ashamed even to think of running away from what inexorably

followed. Mark what the successive steps were, and how link by link the

chain that binds us now was forged.

The moment war was foreseen the fleet we usually have in Chinese waters

became indispensable, not merely, as before, to protect our trade and

our missionaries in China, but to checkmate the Spanish fleet, which

otherwise held San Francisco and the whole Pacific coast at its mercy.

When war was declared our fleet was necessarily ordered out of neutral

ports. Then it had to go to Manila or go home. If it went home, it left

the whole Pacific coast unguarded, save at the particular point it

touched, and we should have been at once in a fever of apprehension,

chartering hastily another fleet of the fastest ocean-going steamers we

could find in the world, to patrol the Pacific from San Diego to Sitka,

as we did have to patrol the Atlantic from Key West to Bar Harbor.

Palpably this was to go the longest way around to do a task that had to

be done in any event, as well as to demoralize our forces at the

opening of the war with a manoeuver in which our Navy has never been

expert--that of avoiding a contest and sailing away from the enemy! The

alternative was properly taken. Dewey went to Manila and sank the

Spanish fleet. We thus broke down Spanish means for controlling the

Philippines, and were left with the Spanish responsibility for

maintaining order there--responsibility to all the world, German,

English, Japanese, Russian, and the rest--in one of the great centers

and highways of the world's commerce.

But why not turn over that commercial center and the island on which it

is situated to the Tagals? To be sure! Under three hundred years of

Spanish rule barbarism on Luzon had so far disappeared that this

commercial metropolis, as large as San Francisco or Cincinnati, had

sprung up and come to be thronged by traders and travelers of all

nations. Now it is calmly suggested that we might have turned it over

to one semi-civilized tribe, absolutely without experience in governing

even itself, much less a great community of foreigners, probably in a

minority on the island, and at war with its other inhabitants--a tribe

which has given the measure of its fitness for being charged with the

rights of foreigners and the care of a commercial metropolis by the

violation of flags of truce, treachery to the living, and mutilation of

the dead which have marked its recent wanton rising against the Power

that was trying to help it!

If running away from troublesome responsibility and duty is our rôle,

why did we not long ago take the opportunity, in our early feebleness,

to turn over Tallahassee and St. Augustine to the Seminoles, instead of

sending Andrew Jackson to protect the settlements and subdue the

savages? Why, at the first Apache outbreak after the Gadsden Purchase,

did we not hasten to turn over New Mexico and Arizona to _their_

inhabitants? Or why, in years within the memory of most of you, when

the Sioux and Chippewas rose on our Northwestern frontier, did we not

invite them to retain possession of St. Cloud, and even come down, if

they liked, to St. Paul and Minneapolis?

Unless I am mistaken in regarding all these suggestions as too unworthy

to be entertained by self-respecting citizens of a powerful and

self-respecting nation, we have now reached two conclusions that ought

to clear the air and simplify the problem that remains: First, we have

ample constitutional power to acquire and govern new territory

absolutely at will, according to our sense of right and duty, whether

as dependencies, as colonies, or as a protectorate. Secondly, as the

legitimate and necessary consequence of our own previous acts, it has

become our national and international duty to do it.

[Sidenote: The Policy for our Dependencies]

How shall we set about it? What shall be the policy with which, when

order has been inexorably restored, we begin our dealings with the new

wards of the Nation? Certainly we must mark our disapproval of the

treachery and barbarities of the present contest. As certainly the

oppression of other tribes by the Tagals must be ended, or the

oppression of any tribe by any other within the sphere of our active

control. Wars between the tribes must be discouraged and prevented. We

must seek to suppress crimes of violence and private vengeance, secure

individual liberty, protect individual property, and promote the study

of the arts of peace. Above all, we must give and enforce justice; and

for the rest, as far as possible, leave them alone. By all means let us

avoid a fussy meddling with their customs, manners, prejudices, and

beliefs. Give them order and justice, and trust to these to win them in

other regards to our ways. All this points directly to utilizing

existing agencies as much as possible, developing native initiative and

control in local matters as fast and as far as we can, and ultimately

giving them the greatest degree of self-government for which they prove

themselves fitted.

Under any conditions that exist now, or have existed for three hundred

years, a homogeneous native government over the whole archipelago is

obviously impossible. Its relations to the outside world must

necessarily be assumed by us. We must preserve order in Philippine

waters, regulate the harbors, fix and collect the duties, apportion the

revenue, and supervise the expenditure. We must enforce sanitary

measures. We must retain such a control of the superior courts as shall

make justice certainly attainable, and such control of the police as

shall insure its enforcement. But in all this, after the absolute

authority has been established, the further the natives can themselves

be used to carry out the details, the better.

Such a system might not be unwise even for a colony to which we had

reason to expect a considerable emigration of our own people. If

experience of a kindred nation in dealing with similar problems counts

for anything, it is certainly wise for a distant dependency, always to

be populated mainly, save in the great cities, by native races, and

little likely ever to be quite able to stand alone, while,

nevertheless, we wish to help it just as much as possible to that end.

[Sidenote: The Duty of Public Servants.]

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