CHAPTER VIII

IMPERIALISM

The Republicans triumphed in 1896, but the large vote for Mr. Bryan and

his platform and the passions aroused by the campaign made it clear to

the far-sighted that, whatever might be the fate of free silver, new

social elements had entered American politics. It was fortunate for the

conservative interests that the quarrel with Spain came shortly after

Mr. McKinley's election, and they were able to employ that ancient

political device, "a vigorous foreign policy," to divert the public mind

from domestic difficulties. This was particularly acceptable to the

populace at the time, for there had been no war for more than thirty

years, and, contrary to their assertions on formal occasions, the

American people enjoy wars beyond measure, if the plain facts of history

are allowed to speak.[43]

Since 1876 there had been no very spectacular foreign affair to fix the

attention of the public mind, except the furor worked up over the

application of the Monroe Doctrine to Venezuela during President

Cleveland's second administration. For a long time that country and

Great Britain had been waging a contest over the western boundary of

British Guiana; and the United States, on the appeal of Venezuela, had

taken a slight interest in the dispute, generally assuming that the

merits of the case were on the side of the South American republic. In

1895, it became apparent that Great Britain did not intend to yield any

points in the case, and Venezuela began to clamor again for protection,

this time with effect. In July of that year, the Secretary of State,

Richard Olney, demanded that Great Britain answer whether she was

willing to arbitrate the question, and announced that the United States

was master in this hemisphere by saying: "The United States is

practically sovereign on this continent and its fiat is law upon the

subjects to which it confines its interposition. Why? It is not because

of the pure friendship or good will felt for it. It is not simply by

reason of its high character as a civilized state, nor because wisdom

and equity are the invariable characteristics of the dealings of the

United States. It is because in addition to all other grounds, its

infinite resources combined with its isolated position render it master

of the situation and practically invulnerable against any or all other

powers."

This extraordinary document, to put it mildly, failed to arouse the

warlike sentiment in England which its language invited, and Lord

Salisbury replied for the British government that this startling

extension of the Monroe Doctrine was not acceptable in the present

controversy and that the arbitration of the question could not be

admitted by his country. This moderate reply brought from President

Cleveland a message to Congress on December 17, 1895, which created in

the United States at least all the outward and visible signs of the

preliminaries to a war over the matter. He asked Congress to create a

commission to ascertain the true boundary between Venezuela and British

Guiana, and then added that it would be the duty of the United States

"to resist by every means in its power, as a wilful aggression upon its

rights and interests, the appropriation by Great Britain of any lands or

the exercise of governmental jurisdiction over any territory which,

after investigation, we have determined of right belongs to Venezuela."

He declared that he was conscious of the responsibilities which he thus

incurred, but intimated that war between Great Britain and the United

States, much as it was to be deplored, was not comparable to "a supine

submission to wrong and injustice and the consequent loss of national

self-respect and honor." In other words, we were to decide the dispute

ourselves and go to war on Great Britain if we found her in possession

of lands which in our opinion did not belong to her.

This defiant attitude on the part of President Cleveland, while it

aroused a wave of enthusiasm among those sections of the population

moved by bold talk about the unimpeachable integrity of the United

States and its daring defense of right everywhere, called forth no

little criticism in high places. Contrary to expectation, it was not met

by bluster on the part of Great Britain, but it was rather deplored

there as threatening a breach between the two countries over an

insignificant matter. Moreover, when the commission created by Congress

set to work on the boundary dispute, the British government courteously

replied favorably to a request for assistance in the search for

evidence. Finally, Great Britain yielded and agreed to the earlier

proposition on the part of the United States that the issue be

submitted to arbitration; and this happy outcome of the matter

contributed not a little to Mr. Cleveland's reputation as "a sterling

representative of the true American spirit." This was not diminished by

the later discovery that Great Britain was wholly right in her claims in

South America.

* * * * *

The Venezuelan controversy was an echo of the time-honored Monroe

Doctrine and was without any deeper economic significance. There were

not wanting, however, signs that the United States was prepared

economically to accept that type of imperialism that had long been

dominant in British politics and had sprung into prominence in Germany,

France, and Italy during the generation following the Franco-Prussian

War. This newer imperialism does not rest primarily upon a desire for

more territory, but rather upon the necessity for markets in which to

sell manufactured goods and for opportunities to invest surplus

accumulations of capital. It begins in a search for trade, advances to

intervention on behalf of the interests involved, thence to

protectorates, and finally to annexation. By the inexorable necessity of

the present economic system, markets and safe investment opportunities

must be found for surplus products and accumulated capital. All the

older countries being overstocked and also forced into this new form of

international rivalry, the drift is inevitably in the direction of the

economically backward countries: Africa, Asia, Mexico, and South

America. Economic necessity thus overrides American isolation and

drives the United States into world politics.

Although the United States had not neglected the protection of its

interests from the days when it thrashed the Barbary pirates, sent Caleb

Cushing to demand an open door in China, and dispatched Commodore Perry

to batter down Japanese exclusiveness, the relative importance of its

world operations was slight until manufacturing and commerce gained

their ascendancy over agriculture.

The pressure of the newer interests on American foreign policy had

already been felt when the demand for the war with Spain came. In 1889,

the United States joined with Great Britain and Germany in a

protectorate over the Samoan Islands, thus departing, according to

Secretary Gresham, from our "traditional and well-established policy of

avoiding entangling alliances with foreign powers in relation to objects

remote from this hemisphere."[44] Preparations had been made under

Harrison's administration for the annexation of the Hawaiian Islands,

after a revolution, largely fomented by American interests there, had

overthrown the established government; but this movement was blocked for

the time being by President Cleveland, who learned through a special

commissioner, sent to investigate the affair, that the upheaval had been

due principally to American disgust for the weak and vacillating

government of the Queen. It was not until the middle of the Spanish War

that Congress, recognizing the importance of the Hawaiian Islands in

view of the probable developments resulting from Admiral Dewey's victory

in the Philippines, annexed them to the United States by joint

resolution on July 6, 1898.[45]

_The Spanish War_

It required, however, the Spanish War and the acquisition of the insular

dependencies to bring imperialism directly into politics as an

overshadowing issue and to secure the frank acknowledgment of the new

emphasis on world policy which economic interests demanded. It is true

that Cuba had long been an object of solicitude on the part of the

United States. Before the Civil War, the slave power was anxious to

secure its annexation as a state to help offset the growing predominance

of the North; and during the ten years' insurrection from 1868 to 1878,

when a cruel guerilla warfare made all life and property in Cuba unsafe,

intervention was again suggested. But it was not until the renewal of

the insurrection in 1895 that American economic interests in Cuba were

strong enough to induce interference. Slavery was gone, but capital,

still more dominant, had taken its place.

In 1895, Americans had more than fifty million dollars invested in Cuban

business, and our commerce with the Island had risen to one hundred

millions annually. The effect of the Cuban revolt against Spain was not

only to diminish trade, but also to destroy American property. The

contest between the rebels and Spanish troops was characterized by

extreme cruelty and a total disregard for life and property. Gomez, the

leader of the revolt, resorted to the policy made famous by Sherman on

his march to the sea. He laid waste the land to starve the Spaniards and

compel American interference if possible. By a proclamation of November

6, 1895, he ordered that plantation buildings and railway connections

should be destroyed and sugar factories closed everywhere; what he left

undone was finished by the Spanish general, Weyler, who concentrated the

inhabitants of the rural districts in the centers occupied by the

troops. Under such a policy, business was simply paralyzed; and within

less than two years Americans had filed against Spain claims amounting

to sixteen million dollars for property destroyed in the revolution.

The atrocities connected with the insurrection attracted the sympathy of

the American people at once. Sermons were preached against Spanish

barbarism; orators demanded that the Cuban people be "succored in their

heroic struggle for the rights of men and of citizens"; Mr. Hearst's

newspapers appealed daily to the people to compel governmental action at

once, and denounced the tedious methods of negotiation, in view of an

inevitable war. Cuban juntas formed in American cities raised money and

supplied arms for the insurrectionists. All the enormous American

property interests at stake in the Island, with their widespread and

influential ramifications in the United States, demanded action. The

war fever, always quick to be kindled, rose all over the country.

Even amid the exciting campaign of 1896, the Democrats found time to

express sympathy with the Cubans, and the Republicans significantly

remarked that inasmuch as Spain was "unable to protect the property or

lives of resident American citizens," the good offices of the United

States should be tendered with a view to pacification and independence.

Perhaps, not unaware of the impending crisis, the Republicans also

favored a continued enlargement of the navy to help maintain the

"rightful influence" of the United States among the nations of the

earth.

President Cleveland, repudiated by his own party and having no desire to

"play the game of politics," assumed an attitude of neutrality in the

conflict and denied to the Cubans the rights of belligerents. He offered

to Spain the good offices of the United States in mediation with the

insurgents--a tender which was rejected by Spain with the suggestion

that the United States might more vigorously suppress the unlawful

assistance which some of its citizens were lending to the

revolutionists. Mr. Cleveland's second administration closed without any

positive action on the Cuban question.

Within four months after his inauguration, President McKinley protested

strongly to Spain against her policy in Cuba, and during the summer and

autumn and winter he conducted a running fire of negotiations with

Spain. Congress was impatient for armed intervention and fretted at the

tedious methods of diplomacy. Spain shrewdly made counter thrusts to

every demand advanced by the United States, but made no outward sign of

improvement in the affairs of Cuba, even after the recall of General

Weyler. In February, 1898, a private letter, written by De Lome, the

Spanish minister at Washington, showing contempt for Mr. McKinley and

some shifty ideas of diplomacy, was acquired by the _New York Journal_

and published. This stirred the country and led to the recall of the

minister by his home government. Meanwhile the battleship _Maine_ was

sent to Havana, officially to resume friendly relations at Cuban ports,

but not without an ulterior regard for the necessity of protecting the

lives and property of Americans in jeopardy. The incident of the Spanish

minister's letter had hardly been closed before the _Maine_ was blown up

and sunk on the evening of February 15, 1898. The death of two officers

and two hundred and fifty-eight of the crew was a tragedy which moved

the nation beyond measure, and with the cry "Remember the _Maine_"

public opinion was worked up to a point of frenzy.

A commission was appointed at once to inquire into the cause of the

disaster, and on March 21 it reported that the _Maine_ had been

destroyed by an explosion of a submarine mine which set off some of the

ship's magazines. Within a week, negotiations with Spain were resumed,

and that country made generous promises to restore peace in the Island

and permit a Cuban parliament to be established in the interests of

local autonomy. None of Spain's promises were regarded as satisfactory

by the administration, and on April 4, General Woodford, the American

representative in that country, was instructed to warn the ministry that

no effective armistice had been offered the Cubans and that President

McKinley would shortly lay the matter before Congress--which meant war.

After some delay, during which representatives of the European powers

and the Pope were at work in the interests of peace, Spain promised to

suspend hostilities, call a Cuban parliament, and restore a reasonable

autonomy.

On the day after the receipt of this promise, President McKinley sent

his war message to Congress without explaining fully the latest

concessions made by Spain. It was claimed by the Spanish government that

it had yielded absolutely everything short of independence and that all

of the demands of the United States had been met. Some eminent editors

and publicists in the United States have since accepted this view of the

affair and sharply criticized the President for not making public the

full text of Spain's last concession on the day that he sent his war

message to Congress. Those who take this view hold that President

McKinley believed war to be inevitable and desirable all along, but

merely wished to bring public opinion to the breaking point before

shifting the responsibility to Congress. The President's defenders,

however, claim that no credence could be placed in the good faith of

Spain and that the intolerable conditions in Cuba would never have been

removed under Spanish administration, no matter what promises might have

been made.

In his war message of April 11, 1898, Mr. McKinley brought under review

the conditions in Cuba and the history of the controversy, coming to

the conclusion that the dictates of humanity, the necessity of

protecting American lives and property in Cuba, and the chronic

disorders in the Island warranted armed intervention. Congress responded

by an overwhelming vote on April 19, in favor of a resolution declaring

that Cuba should be free, that Spain's withdrawal should be demanded,

and the President be authorized to use the military and naval forces of

the country to carry the decree into effect. In the enthusiasm of the

hour, Congress also specifically disclaimed any intention of exercising

"sovereignty, jurisdiction, or control over said Island except for the

pacification thereof." Thus war was declared on the anniversary of the

battle of Lexington.

In the armed conflict which followed, the most striking and effective

operations were on the sea. In anticipation of the war, Commodore Dewey,

in command of the Asiatic station, had been instructed as early as

February to keep his squadron at Hongkong, coaled, and ready, in event

of a declaration of hostilities, to begin offensive operations in the

Philippine Islands. The battleship _Oregon_, then off the coast of

Washington, was ordered to make the long voyage around the Horn, which

has now become famous in the annals of the sea. At the outbreak of the

war, Rear Admiral Sampson, in charge of the main squadron at Key West,

was instructed to blockade important stretches of the coast of Cuba and

to keep watch for the arrival of the Spanish fleet, under Admiral

Cervera, which was then on the high seas, presumably bound for Cuba.

The first naval blow was struck by Admiral Dewey, who had left Chinese

waters on receiving news of the declaration of war and had reached

Manila Bay on the evening of April 30. Early the following morning he

opened fire on the inferior Spanish fleet under the guns of Cavite and

Manila, and within a few hours he had destroyed the enemy's ships,

killed nearly four hundred men, and silenced the shore batteries without

sustaining the loss of a single man or suffering any injuries to his own

ships worthy of mention. News of this extraordinary exploit reached the

United States by way of Hongkong on May 6, and the hero of the day was,

by popular acclaim, placed among the immortals of our naval history.

While celebrating the victory off Manila, the government was anxiously

awaiting the arrival of the Spanish fleet in American waters which were

being carefully patrolled. In spite of the precautions of Admiral

Sampson, Cervera was able to slip into the harbor of Santiago on May 19,

where he was immediately blockaded by the American naval forces. An

attempt was made to stop up the mouth of the harbor by sending

Lieutenant Richmond P. Hobson to sink a collier at the narrow entrance,

but this spectacular move, carried out under a galling fire, failed to

accomplish the purpose of the projectors, and Hobson and his men fell

into the hands of the Spaniards.

The time had now come for bringing the land forces into cooperation with

the navy for a combined attack on Santiago, and on June 14 a large body

of troops, principally regulars, embarked from Tampa, where men and

supplies had been concentrating for weeks. The management of the army

was in every respect inferior to the administration of the navy.

Secretary Alger, of the War Department, was a politician of the old

school, who could not allow efficiency to interfere with the "proper"

distribution of patronage; and as a result of his dilatory methods (to

put it mildly) and the general unpreparedness of the army, the camp at

Tampa was grossly mismanaged. Sanitary conveniences were indescribably

bad, supply contractors sold decayed meat and wretched food to the

government, heavy winter clothing was furnished to men about to fight in

the summer time in a tropical climate, and, to cap the climax of

blundering, inadequate provisions were made for landing the troops when

they reached Cuba on June 22.

The forces dispatched to Cuba were placed under the command of General

Shafter, but owing to his illness the fighting was principally carried

on under Generals Lawton and Wheeler. The most serious conflicts in the

land campaign occurred at El Caney and San Juan Hill, both strategic

points near Santiago. At the second of these places the famous "Rough

Riders" under Colonel Roosevelt distinguished themselves by a charge up

the hill under heavy fire and by being the first to reach the enemy's

intrenchments. In spite of several engagements, in which the fortunes of

the day were generally on the side of the Americans, sickness among the

soldiers and lack of supplies caused General Shafter to cable, on July

3, that without additional support he could not undertake a successful

storming of Santiago.

At this critical juncture, the naval forces once more distinguished

themselves, and made further bloody fighting on land unnecessary, by

destroying Cervera's fleet which attempted to make its escape from the

Santiago harbor on the morning of July 3. The American ships were then

in charge of Commodore Schley, for Admiral Sampson had left watch early

that morning for a conference with General Shafter; and the sailors

acquitted themselves with the same skill that marked Dewey's victory at

Manila. Within less than four hours' fighting all the Spanish ships were

destroyed or captured with a loss of about six hundred killed and

wounded, while the Americans sustained a loss of only one man killed and

one wounded. This victory, of course, marked the doom of Santiago,

although it did not surrender formally until July 17, after two days'

bombardment by the American ships.

The fall of Santiago ended military operations in Cuba, and General

Miles, who had come to the front in time to assist General Shafter in

arranging the terms of the surrender of Santiago, proceeded at once to

Porto Rico. He was rapidly gaining possession of that Island in an

almost bloodless campaign when news came of the signing of the peace

protocol on August 12. Unfortunately it required longer to convey the

information to the Philippines that the war was at an end, and on the

day after the signature of the protocol, that is, August 13, General

Merritt and Admiral Dewey carried Manila by storm.

As early as July 26, 1898, the Spanish government approached President

McKinley through M. Cambon, the French ambassador at Washington, and

asked for a preliminary statement of the terms on which the war could

be brought to a close. After some skirmishing, in which Spain

reluctantly yielded to the American ultimatum, a peace protocol was

signed on August 12, to the effect that Cuba should be independent,

Porto Rico ceded to the United States, and Manila occupied pending the

final negotiations, which were opened at Paris by special commissioners

on October 1.

When the commissioners met according to arrangements, the government of

the United States apparently had not come to a conclusion as to the

final disposition of the Philippines. The administration was anxious not

to go too far in advance of public opinion, at least so far as official

pronunciamento was concerned, although powerful commercial interests

were busy impressing the public mind with the advantages to be derived

from the retention of the distant Pacific Islands. In his instructions

to the peace commissioners, on the eve of their departure, Mr. McKinley,

while denying that there had originally been any intention of conquest

in the Pacific, declared that the march of events had imposed new duties

upon us, and added: "Incidental to our tenure in the Philippines is the

commercial opportunity to which American statesmanship cannot be

indifferent. It is just to use every legitimate means for the

enlargement of American trade." While stating that the possession of

territory was less important than an "open door" for trade purposes, he

concluded by instructing the commissioners that the United States could

not "accept less than the cession in full right and sovereignty of the

Island of Luzon."

The peace commissioners were divided among themselves as to the policy

to be pursued with regard to the Philippines; but in the latter part of

October they received definite instructions from the Secretary of State,

Mr. John Hay, that the cession of Luzon alone could not be justified "on

political, commercial, or humanitarian grounds," and that the entire

archipelago must be surrendered by Spain. The Spanish commissioners

protested vigorously against this demand, on the theory that it was

outside of the terms of the peace protocol, but they were forced to

yield, receiving as a sort of consolation prize the payment of twenty

million dollars in compensation for the loss.

The final treaty, as signed on December 10, 1898, embodied the following

terms: the independence of Cuba, the cession of Porto Rico, Guam, and

the Philippines to the United States, the cancellation of the claims of

the citizens of the two countries against each other, the United States

undertaking to settle the claims of its citizens against Spain, the

payment of twenty million dollars for the Philippines by the United

States, and the determination of the civil and political status of the

inhabitants of the ceded territories by Congress.

When the treaty of peace was published, the contest over the retention

of the Philippines took on new bitterness--at least in public speeches

and editorials. The contentions on both sides were so vehement that it

was almost impossible to secure any frank discussion of the main issue:

"Does the United States want a foothold in the Pacific in order to

secure the trade of the Philippines and afford American capital an

opportunity to develop the dormant natural resources, and in order also

to have a station from which to give American trade and capital a better

chance in the awakening Orient?" Democrats demanded self-government for

the Philippines, "in recognition of the principles of the immortal

Declaration of Independence." Republicans talked in lofty strains about

"the mysterious hand of Providence which laid this burden upon the

Anglo-Saxon race."

The proposal to retain the Philippines, in fact, gave the southern

statesmen just the opportunity they had long wanted to taunt the

Republicans with insincerity on the race question. "Republican leaders,"

said Senator Tillman, "do not longer dare to call into question the

justice or necessity of limiting negro suffrage in the South." And on

another occasion he exclaimed in querulous accents: "I want to call your

attention to the remarkable change that has come over the spirit of the

dream of the Republicans. Your slogans of the past--brotherhood of man

and fatherhood of God--have gone glimmering down through the ages. The

brotherhood of man exists no longer." To such assertions, Republicans of

the old school, like Senator Hoar, opposed to imperialism, replied

sadly, "The statements of Mr. Tillman have never been challenged and

never can be." But Republicans of the new school, unvexed by charges of

inconsistency, replied that high talk about the rights of man and of

self-government came with poor grace from southern Democrats who had

disfranchised millions of negroes that were just as capable of

self-government as the bulk of the natives in the Philippines.

Senator Vest, on December 6, introduced in the Senate a resolution to

the effect "that under the Constitution of the United States, no power

is given to the Federal Government to acquire territory to be held and

governed permanently as colonies." He was ably supported by Senator

Hoar, from Massachusetts, who took his stand upon the proposition that

"governments derive their just powers from the consent of the governed."

On the other side, Senator O. H. Platt, of Connecticut, expounded the

gospel of manifest destiny: "Every expansion of our territory has been

in accordance with the irresistible law of growth. We could no more

resist the successive expansions by which we have grown to be the

strongest nation on earth than a tree can resist its growth. The history

of territorial expansion is the history of our nation's progress and

glory. It is a matter to be proud of, not to lament. We should rejoice

that Providence has given us the opportunity to extend our influence,

our institutions, and our civilization into regions hitherto closed to

us, rather than contrive how we can thwart its designs."

At length on February 6, 1899, the treaty was ratified by the Senate,

but it must not be assumed that all of the Senators who voted for the

ratification of the treaty favored embarking upon a policy of

"imperialism." Indeed, at the time of the approval of the treaty, a

resolution was passed by the Senate to the effect that the policy to be

adopted in the Philippines was still an open question; but the outbreak

of an insurrection there led to an immediate employment of military rule

in the Islands and criticism was silenced by the cry that our national

honor was at stake.

The revolt against American dominion might have been foreseen, for the

conduct of Generals Anderson and Merritt at Manila had invited trouble.

For a long time before the War, native Filipinos had openly resisted

Spanish rule, and particularly the dominance of the monks and priests,

who held an enormous amount of land and managed civil as well as

ecclesiastical affairs. Just before the outbreak of the Spanish War,

there had been a revolt under the leadership of Aguinaldo which had been

brought to an end by the promise to pay a large sum to the revolutionary

leaders and to introduce extensive administrative reforms. The promises,

however, had not been carried out, and Admiral Dewey had invited the

cooperation of Aguinaldo and his insurgents in the attack on Manila.

When the land assault was made on the city, in August, Aguinaldo joined

with a large insurgent army under the banner of the Filipino republic

which had been proclaimed in July, but he was compelled to take a

subordinate position, and received scant respect from the American

commanders, who gave him to understand that he had no status in the war

or the settlement of the terms of capitulation.

As may be imagined, Aguinaldo was in no happy frame of mind when the

news came in January, 1899, that the United States had assumed

sovereignty over the islands; but it is not clear that some satisfactory

adjustment might not have been made then, if the United States had been

willing to accept a sort of protectorate and allow the revolutionaries

to establish a local government of their own. However, little or nothing

was done to reach a peaceful adjustment, and on February 4, some

Filipino soldiers were shot by American troops for refusing to obey an

order to halt, on approaching the American lines. This untoward incident

precipitated the conflict which began with some serious regular fighting

and dwindled into a vexatious guerilla warfare, lasting three years and

costing the United States heavily in men and money. Inhuman atrocities

were committed on both sides, resembling in brutality the cruel deeds

which had marked frontier warfare with the Indians. Reports of these

gruesome barbarities reached the United States and aroused the most

severe criticism of the administration, not only from the opponents of

imperialism, but also from those supporters of the policy, who imagined

that it could be carried out with rose water.

* * * * *

The acquisition of the insular dependencies raised again the old problem

as to the power of Congress over territories, which had been so

extensively debated during the slavery conflict. The question now took

the form: "Does the Constitution restrict Congress in the government of

the Islands as if they were physically and politically a part of the

United States, and particularly, do the limitations in behalf of private

rights, freedom of press, trial by jury, and the like, embodied in the

first ten Amendments, control the power of Congress?" Strict

constitutionalists answered this question in the affirmative without

hesitation, citing the long line of constitutional decisions which had

repeatedly affirmed the doctrine that Congress is limited everywhere,

even in the territories by the Amendments providing for the protection

of personal and property rights; but practical politicians, supporting

the McKinley administration, frankly asserted that the Constitution and

laws of the United States did not of their own force apply in the

territories and could not apply until Congress had expressly extended

them to the insular possessions.

The abstract question was given concrete form in several decisions by

the Supreme Court, known as "the Insular Cases." The question was

speedily raised whether importers of commodities from Porto Rico should

be compelled to pay the duties prescribed by the Dingley act, and the

Court answered in the case of De Lima _v._ Bidwell in 1901 that the

Island was "domestic" within the meaning of the tariff act and that the

duties could not be collected. In the course of his remarks, the

Justice, who wrote the opinion, said that territory was either domestic

or foreign, and that the Constitution did not recognize any halfway

position. Four Justices dissented, however; and American interests,

fearing this new competition, had dissented in advance,--so vigorously,

in fact, that Congress during the previous year had passed the Foraker

act imposing a tariff on goods coming into the United States from Porto

Rico and _vice versa_.

This concession to the protected interests placed the Supreme Court in a

dilemma. If Porto Rico was domestic territory,--a part of the United

States,--was not the Foraker act a violation of the constitutional

provision that duties, imposts, and excises shall be uniform throughout

the United States? This question was judicially answered by the Court

in the case of Downes _v._ Bidwell, decided on May 27, 1901, which

upheld the Foraker act on grounds so various that the only real point

made by the Court was that the law was constitutional. None of the four

justices who concurred with Justice Brown in the opinion agreed with his

reasoning, and the four judges, who dissented entirely from the decision

and the opinion, vigorously denied that there could be any territory

under the flag of the United States which was not subject to the

limitations of the Constitution.

In other cases involving freedom of the press in the Philippines and

trial by jury in the Hawaiian Islands, the Supreme Court upheld the

doctrine that Congress, in legislating for the new dependencies, was not

bound by all those constitutional limitations which had been hitherto

applied in the continental territories of the United States. The upshot

of all these insular decisions is that the Constitution may be divided

into two parts, "fundamental" and "formal"; that only the fundamental

parts control the Federal authorities in the government of the

dependencies; and that the Supreme Court will decide, from time to time

as specific cases arise, what parts of the Federal Constitution are

"fundamental" and what parts are merely "formal." In two cases, the

Court has gone so far as to hold that indictment by grand jury and trial

by petit jury with unanimous verdict are not "fundamental" parts of the

Constitution, "but merely concern a method of procedure." In other

words, the practical necessities of governing subject races of different

origins and legal traditions forced that eminent tribunal to resort to

painful reasoning in an effort not to hamper unduly the power of

Congress by constitutional limitations.

* * * * *

In the settlement which followed the Spanish War, three general problems

were presented. In the first place, our relations to Cuba required

definition. It is true that in the declaration of war on Spain Congress

had disclaimed "any disposition or intention to exercise sovereignty,

jurisdiction, or control over said Island except for the pacification

thereof, and asserts its determination when that is accomplished to

leave the government and control of the Island to its people"; but

American economic interests in the Island were too great to admit of the

actual fulfillment of this promise. Consequently, Cuba was forced to

accept, as a part of her constitution, several provisions, known as the

Platt amendment, adopted by the Congress of the United States on March

2, 1901, restricting her relations with foreign countries, limiting her

debt-creating power, securing the right of the United States to

intervene whenever necessary to protect life and property, and reserving

to the United States the right to acquire coaling stations at certain

points on the Island to be agreed upon.

Under the constitution, to which the Platt reservations on behalf of the

United States were attached, the Cubans held a general election in

December, 1901, choosing a president and legislature; and in the spring

of the following year American troops were withdrawn, leaving the

administration in the hands of the natives. It was not long, however,

before domestic difficulties began to disturb the peace of the Island,

and in the summer of 1906 it was reported that the government of

President Palma was about to be overthrown by an insurrection. Under the

circumstances, Palma resigned, and the Cuban congress was unable to

secure a quorum for the transaction of business. After due warning,

President Roosevelt intervened, under the provisions of the Platt

amendment, and instituted a temporary government supported by American

troops. American occupation of the Island continued for a few months,

but finally the soldiers were withdrawn and native government was once

more put on trial.

The second problem was presented by Porto Rico, where military rule was

put into force after the occupation in 1898. At length, on May 1, 1900,

an "organic act," instituting civil government in that Island, was

approved by the President. This law did not confer citizenship on the

Porto Ricans, but assured them of the protection of the United States.

It set up a government embracing a governor, appointed by the President

and Senate of the United States, six executive secretaries appointed in

the same manner as the governor, and a legislature of two houses--one

composed of the six secretaries and five other persons selected by the

President and Senate, acting as the upper house, and a lower house

elected by popular vote. Under this act, the practice of appointing

Americans to the chief executive offices took the final control of

legislative matters out of the hands of the natives, leaving them only

an initiatory power. This produced a friction between the appointive

and elective branches of the government, which became so troublesome

that the dispute had to be carried to Washington in 1909, and Congress

enacted a measure providing that, in case the lower house of the Porto

Rican legislature refused to pass the budget, the financial arrangements

of the previous year should continue.

The problem of governing the Philippines was infinitely more complicated

than that of governing Porto Rico, because the archipelago embraced more

than three thousand islands and about thirty different tribes and

dialects. The evolution of American control there falls into three

stages. At first, they were governed by the President of the United

States under his military authority. In 1901, a civil commission, with

Mr. W. H. Taft at the head, took over the civil administration of all

the pacified provinces. In 1902, Congress passed an "organic act" for

the Islands, providing that, after their pacification, a legislative

assembly should be erected. At length, in 1907, this assembly was duly

instituted, and the government now consists of the governor, a

commission appointed by the President and Senate, and a legislature

composed of the commission and a lower house of representatives elected

by popular vote.

* * * * *

Important as are the problems of governing dependencies, they are not

the sole or even the most significant aspects of imperialism. The

possession of territories gives a larger control over the development of

their trade and resources; but capital and enterprise seeking an outlet

flow to those countries where the advantages offered are the greatest,

no matter whoever may exercise political dominion there. The acquisition

of the Philippines was simply an episode in the development of American

commercial interests in the Orient.

It was those interests which led the United States to send Caleb Cushing

to China in 1844 to negotiate a treaty with that country securing for

Americans rights of trade in the ports which had recently been blown

open by British guns in the famous "Opium War." It was those interests

which induced the United States government to send Commodore Perry to

Japan in 1853 and led to the opening of that nation--long closed to the

outside world--to American trade and enterprise. After 1844 in China,

and 1854 in Japan, American trade steadily increased, and American

capital seeking investments soon began to flow into Chinese business and

railway undertakings. Although the United States did not attempt to

follow the example of Great Britain, Russia, France, and Germany in

seizing Chinese territory, it did obtain a sufficient economic interest

in that Empire to warrant the employment of American soldiers in

cooperation with Russian, English, French, Japanese, and other

contingents at the time of the Boxer insurrection at Peking in the

summer of 1900.

The policy of the United States at the time won no little praise from

the Chinese government. Having no territorial ambitions in the Empire,

the administration at Washington, through Mr. John Hay, Secretary of

State, was able to announce that the United States favored an "open

door" for trade and the maintenance of the territorial integrity of

China. "The policy of the Government of the United States," said Mr. Hay

to the Powers, in the summer of 1900, "is to seek a solution which may

bring about permanent safety and peace to China, preserve Chinese

territorial and administrative entity, protect all rights guaranteed to

friendly powers by treaty and international law, and safeguard for the

world the principle of equal and impartial trade with all parts of the

Chinese empire." This friendly word, which was much appreciated by

China, was later supplemented by the generous action of the United

States government in returning to that country a large sum of money

which had been collected as an indemnity for the injury to American

rights in the Boxer uprising, and was discovered to be an overcharge due

to excessive American claims.

While thus developing American interests in the Orient, the United

States government was much embarrassed by the legislation of some of the

western states against Orientals. Chinese and Japanese laborers were

excluded from the country by law or agreements, but in spite of this

fact there were large numbers of Orientals on the coast. This was

resented by many whites, particularly trade unionists with whom the

cheap labor came into competition, and from time to time laws were

enacted by state legislatures that were alleged to violate the rights

which the United States had guaranteed to the Chinese or Japanese by

treaties with their respective countries.

Such a dispute occurred a few years ago over an attempt to exclude

Japanese children from the regular public schools in San Francisco, and

again in 1912 in connection with a law of California relative to the

acquisition of lands by aliens--the naturalization of Orientals being

forbidden by Federal law. These legal disputes arose from the fact that

the Federal government has the power to make treaties with foreign

countries relative to matters which are entirely within the control of

state legislatures. The discriminations against the Orientals, coupled

with the pressure of American interests in the Far East and the presence

of American dominion in the Philippines, caused no little friction

between certain sections of the United States and of Japan; and there

were some who began, shortly after the Spanish War, to speak of the

"impending conflict" in the Orient.

_The Campaign of 1900_

It was inevitable that the new issues, raised by the Spanish War, the

acquisition of the insular possessions, and the insurrection against

American rule in the Philippines, should find their way almost

immediately into national politics. By the logic of their situation, the

Republicans were compelled to defend their imperialist policy, although

it was distasteful to many of the old leaders; and at their national

convention, at Philadelphia in June, 1900, they renominated President

McKinley by acclamation, justified their methods in the dependencies,

approved the new commercial advances in the Orient, advocated government

aid to the merchant marine, and commended the acquisition of the

Hawaiian Islands. The trust plank, couched in vague and uncertain terms,

was, interestingly enough, drafted by Mr. Hanna, who appropriately

levied the campaign collections for his party in Wall Street.[46] Mr.

Roosevelt, then governor of New York, was nominated for Vice President,

although he had refused to agree to accept the office. The desire of

Senator Platt, the Republican "boss" in New York, to put him out of the

state threw the "machine" in his favor, and this, combined with

enthusiasm for him in the West, gave him every vote in the convention

save his own. Under the circumstances he was forced to accept the

nomination.

The Democrats took up the challenge on "imperialism"; but Mr. Bryan was

determined not to allow the silver question to sink into an early grave,

and he accordingly forced the adoption of a free silver plank, as the

price of his accepting the nomination. The platform was strong in its

denunciation of Republican "imperialist" policy, in general and in

detail. It favored promising the Filipinos stable government,

independence, and, finally, protection from outside interference. It was

also more positive on the trust question, and it advocated an increase

in the powers of the interstate commerce commission, enabling it "to

protect individuals and communities from discriminations and the people

from unjust and unfair transportation rates." An effort was made to

placate the conservative section of the party by offering the nomination

to the Vice Presidency to David B. Hill, of New York, and on his

refusal of the honor it was given to Adlai Stevenson, who had held that

office during Cleveland's second administration.

Although many Republicans supported Mr. Bryan on account of their

dislike of imperialism and its works, the result of the campaign was a

second victory for Mr. McKinley, even greater than that of 1896. He

received a larger popular vote and Mr. Bryan a smaller vote than in that

year. Of the 447 electors, Mr. McKinley received 292. This happy outcome

he naturally regarded as a vindication of his policies, and he was

evidently turning toward the future with renewed confidence (as his

Buffalo speech on reciprocity indicated) when on September 6, 1901, he

was shot by an anarchist at the Buffalo exposition and died eight days

later.

Mr. Roosevelt immediately took the oath of office, and promised to

continue "absolutely unbroken" the policy of his predecessor.

FOOTNOTES:

[43] J. B. Moore, _Four Phases of American Development_, p.

195.

[44] In 1899, the tripartite arrangement was dissolved and

the United States obtained outright possession of Tutuila.

[45] The Hawaiian Islands are ruled by a governor appointed

by the President and Senate and by a legislature of two

houses elected by popular vote.

[46] Croly, _Life of Marcus Hanna_, p. 307.

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