WarfieH Library 45,q'10 THE ATTEMPT TO SUBJUGATE A PEOPLE STRIVING FOR FREEDOM. NOT THE AMERICAN SOLDIER, RESPONSIBLE FOR CRU- ELTIES IN THE PHILIPPINE ISLANDS. SPEECH OF OF MASSACHUSETTS, IN’ THE SENATE OF THE UNITED STATES, May 22 , 1902. W.A.SIIi:NrGTOI^. 1902 . Digitized by the Internet Archive in 2016 https://archive.org/details/attempttosubjugaOOhoar SPEECH OP HON, GEOEGE E. HOAR. The Senate, as in Committee of the Whole, havinassed through before, maniacs and broken in mental health as the result of serv- ice in the Philippine Islands. It is no answer to tell me that such horrors exist everywhere; that there are other maniacs at St. Elizabeth, and that every State asylum is full of them. Tho.se unhappy beings have been visited, without any man’s fault, by the mysterious Providence of God, or if their affliction comes from any man’s fault it is our duty to make it known and to hold the party guilty responsible. It is a terrible picture that I have drawn. It is a picture of men suffering from the inevitable result which every reasonable man mtist have anticipated of the decisions made in this Chamber when we elected to make war for the principle of despotism in- stead of a policy of peace, in accordance with the principles of the Declaration of Independence. Mr. President, every one of these maniacs, every one of the many like freights of horror that come back to us from the Phil- ippine Islands, every dead soldier, every wounded or wrecked soldier was once an American boy, the delight of some Ameri- can home, fairer and nobler in his young promise, as we like to think, than any other the round world over. Ah! Mr. Presi- 6298 17 dent, it was not $20,000,000 tliat we paid as the price of sov- ereignty. It was the souls of these hoj-s of oui's that entered into the cost. When you determined by one vote to ratify the Span- ish treaty; when you determined by one vote to defeat the Bacon resolution; when you declared, in the McEnery resolution, that we would dispose of that people as might be for the interest of the United States; when the Senator from Wisconsin said we would not talk to a people who had arms in their hands, although they begged that there should be no war, and that we would at least hear them; when some of you went about the coimtry de- claring that the flag never should be hauled down where it once floated, you did not know, because in your excitement and haste your intellectual vision was dazzled with empire, you did not know that this was to come. But you might have known it. A little reflection and a little reason would have told you. I wonder if the Republican editor who made that knorvn was attacking the American Army. I wonder if those of us who do not like that are the friends or the enemies of the American soldier. I can not understand how any man, certainly how any intelli- gent student of history, could have failed to foretell exactly what has happened when we agreed to the Spanish treaty. Everything that has happened since has been the natural, inevitable, inexora- ble result of the policy you then declared. If yon knew anything of human nature you knew that the great doctrine that just government depends on the consent of the gov- erned. as applied to the relation of one people to another, has its foundation in the nature of man itself. No people will submit, if it can be helped, to the rule of any other people. You must have known perfectly well, if you had stopped to consider, that so far as the Philippine people were like us they would do exactly what we did and would do again in a like case. So far as they were civilized they would resist you with all the power of civilized war. So far as they were savage they woidd resist you by all the methods of savage warfare. You never could eradicate from the hearts of that people by force the love of liberty which God put there. For He that worketh high and wise. Nor pauseth in His plan, Will take the sun out of the skies Ere freedom out of man. This war, if you call it war, has gone on for three years. It will go on in some form for three hundred years, unless this policy be abandoned. You will undoubtedly have times of peace and quiet, or pretended submission. You trill buy men with titles, or office, or salaries. You will intimidate cowards. You will get pretended and fawning submission. The land will smile and smile and seem at peace. But the volcano will be there. The lava vull break out again. You can never settle this thing until you settle it right. I think my friends of the majority, whatever else they may claim — and they can rightly claim a great deal that is good and creditable for themselves — will not claim to be prophets. They used to prophesy a good deal two years ago. \Ye had great prophets and minor prophets. All predicted peace and submis- sion. and a flag followed by trade, with wealth flowing over this land from the Far East, and the American people standing in the Philippine Islands looking over vuth eager gaze toward China. 5298 2 18 Where are now yonr prophets which prophesied unto yon? I fear that we must make the answer that was made to the children of Is rael: “ They prophesied falsely, and the prophets have become wind, and the word is not in them.” An instance of this delusion, which seems to have prevailed everj- where, is stated by Mr. Andrew Carnegie in the May num- ber of the North American Review. He says: The writer had tlie honor of an interview with President McKinley before war broke out with our allies, and ventured to predict that if he attempted to exercise sovereignty over the Filipinos — whom he had bought at $2.50 a head — ^he would be shooting these people down within thirty days. He smiled, and, addressing a gentleman who was present, said: “Mr. Carnegie doesn't ur.dersfand the situation at all.” Then turning to the writer, he said: “ Wo will be welcomed as their best friends.” “So little,” says Mr. Carnegie, “did dear, kind, loving President McKinley expect ever to be other than the fi'iendly cooperator with those people.” A guerrilla warfare, carried on by a weaker people against a stronger, is recognised and legitimate. Many nations have re- sorted to it. Our war of the Revolution in many parts of the country differed little from it. Spain carried it on against Napo- leon when the French forces overran her territory, and mankind sympathized with her. The greatest of English poets since Milton , William Wordsworth, described that warfare in a noble sonnet, which will answer, with scarcely the change of a word, as a de- scription of the Filipino people: Hunger, and sultry heat, and nipping blast From bleak hilltop, and length of march by night Through heavy swamp or over snow-clad height— These hardshiijs ill-sustained, these dangei's past. The roving Spanish bands are reached at last, Ch,T,rged, and dispersed like foam; but as a flight Of scattered quails by signs do reunite. So these — and, heard of once again, are chased With combination of long-practiced art And newly kindled hope; but they are fled. Gone are they, viewless as the buried dead: Where now? Their sword is at the foeman’s heartl And thus from year to year his walk they thwart, And hang like dreams aroimd his guilty bed. I believe the American Army, officers and soldiers, to be made tap of as brave and humane men, in general, as ever lived. They have done what has always been done, and until human nature shall change, always will be done in all like conditions. The chief guilt is on the heads of those who created the conditions. One thing, however, I am bound to say in all frankness. I do not know but my statement may be challenged. But I am sure that nearly every well-infonned man who will hear it or read it will know that it is true. That is, that you will never get officers or soldiers in the standing Army, as a rnle, to give testimony which they think will be disagreeable to their superiors or to the War Department. I have letters in large numbers myself. I believe eveiy Sena- tor in this body, who is expected to do anything to inquire into these atrocities, has had abundant letters to the effect which I state. The same evil of which we are all conscious, which leads men in p’ublic life to be unwilling to incur unpopularity or the displeasure of their constituents by frankly uttering and acting upon their opinions, applies with a hundredfold more force when you summon a soldier or an officer to tell facts which will bear heavily on the administration of the war. I have had letters ihown me by members of this body who vouched personally for the absolute trustworthiness of the wwiters, who detailed the hor- 5298 19 rors of the water torture and other kindred atrocities, which no inducement would lead them to make public. The private soldier who has ended his term of service or who expects to end it and return to private life, is lender less restraint. Blit when he tells his story he is met by the statement of an offi- cer, in some cases, that it is well known that private soldiers are in the habit of “ drawing the long bow,” to use the phrase of one general whose name has been brought into this discussion. In other words, these generals are so jealoiis of the honor of the Army, and their own, that they confine their jealousy to the honor of the officers, and expect you to reject these things on the asser- tion that the soldier is an habitual liar, and then they reproach the men who complain with being indifferent to the honor of the Army. Was it ever heard before that a civilized, humane, and Chris- tian nation made war upon a people and refused to tell them what they wanted of them? You refuse to tell these people this year or next year or perhaps for twenty years, whether you mean in the end to deprive them of their independence, or no. You say you want them to siibmit. To submit to what? To mere military force? But for what purpose or what end is that military force to be exerted? You decline to tell them. Not only you decline to say what you want of them, except bare and abject surrender, but you will not even let them tell you what they ask of yo\i. The Senator from Ohio [Mr. Forajser] says it is asserted with a show of reason that a majority of the people favor our cause. General Mac Arthur denies this statement, and says they were almost a unit for Aguinaldo. Mr. Denby and Mr. Schurman, two of the three commissioners of the first Filipino Commission, deny the statement. General Bell, in his letter of December 13, 1901, says “ a majority of the inhabitants of his prorince have persist- ently continued their opposition during the entire period of three years, and that the men who accept local office from the governor and take the oath of allegiance do it solely for the purpose of im- proving their opportunity for resistance.” That statement is concurred in by every department commander there. Certainly Major Gardener's apparently temperate and fair statement — about which we are to have no opportunity to examine him until Con- gress adjourns — does not say any. such thing as that suggested by the Senator from Ohio. But what is your cause? What is your cause that they favor? Do you mean tha,t a majority of the Filipino people favor your killing them? Certainly not. Do you mean that a majority of the Filipino people, or that any one man in the Philippine Islands, according to the evidence of Governor Taft himself, favors any- thing that you are willing to do? The evidence is that some of them favor their admission as an American State and others favor a government of their own un- der your protection. Others would like to come in as a Territory under our Constitution. But is there any evidence that one human being there is ready to submit to your government with- out any rights under our Constitution, or without any prospect of coming in as an American State? Or is there any evidence that any single American citizen, in the Senate or out of it, is willing that we should do anything that a single Filipino is ready to consent to? I have no doubt they will take the oath of allegiance. Un- 6298 20 doubtedly they ■\rill go through the form of submission. Un- doubtedly you have force enoiigh to make the ■whole region a ho-wilng -wilderness, if you think fit. Undoubtedly you can put up a form of government in -which they -will seem to take some share, and they -\^i.ll take your offices and your salaries. But ■when you come to getting anjd;hing wliich is not merely tempo- rary; -when you come to announce anytlring in principle, such as those on which governments are founded, you have not any evi- dence of any considerable number of people there ready to sub- mit to yom* -will unless they are compelled by sheer brutal force. I do not -wish to dwell at length on the circumstances which attended the capture of Aguinaldo. But as they have been elaborately defended in this body, and it is said that the officer who captured him had a good record before, and especially as he has been decorated by a promotion by the advice and consent of the Senate, I can not let it pass in silence. I understand the facts to be that that officer disguised the men under his command in the dress of Filipino soldiers; wrote, or caused to be written, a forged letter to Aguinaldo, purporting to come from one of his ofiicers, stating that he was about to bring him some prisoners he had captured, and in that way got access to Aguinaldo’s headquarters. As ho approached he sent a message to Aguinaldo that he and his friends were hungry; accepted food at his hands, and when in his presence threw do-v\Ti and seized him; shot some of the soldiers who were about Aguinaldo, and brought him back a prisoner into our lines. That is the transaction wliich is so highly applauded in imperialistic quarters. I do not believe that the Senate knew what it was doing when it consented to General Funston’s promotion. The nomination came in -with a list of Army and Na-vy appointments and promo- tions — 2,038 in all — and the Senate assented to that at the same time -with 1 ,828 others. I doubt very much whether there were 10 Senators in their seats or whether one of them listened to the list as it was read. It is, I suppose, betraying no secret to say that these lists are almost never read to the Senate when they come in or when they are reported from the committee; that the only reading they get is at the time of the confinnation, when they commonly attract no attention whatever. I do not mean to say that if the Senate had had its attention called to the transaction the result would have been different. I only mean to say that I believe many Senators did not know it. I suppose the question whether the Senate would have approved it might have depended on the character and the quality of the general service of that officer and not on the estimate we formed of this particular trans- action, which seems to have been done under orders. I did not know myself that the nomination had been made till long after the Senate had assented. But I incline to think, with General MacArthur’s testimony before the investigating committee that the act was done by his direction and with his approval, I should not have thoiight it fair to hold the officer responsible for it by denying him an other-wise deserved promotion. I think we are bound in justice to General Funston to take the declaration of General MacArthur that he ordered and approved everj’thing that officer did. If that be true we have no right to hold the subordinate responsible, however odious the act. If it turn out that that still higher authority has approved the act, then it becomes still more emphatically our duty to point out its enormity. 5208 21 The Senator from Ohio [Mr. Forakee] . whom I do not now see in his seat, asked me day before yesterday whether I did not believe that the reports of the military officers were to be trusted. If he were m his seat, I would ask liim to put me that question again, and if he should I would put this question to him: When Theodore Roosevelt, an officer of volunteers, told his story about the canned beef and the military supplies, and every officer in the Regular Army, who knew the facts just as he did. coiitradicted him in the investigatioii , does he believe that Theodore Roosevelt or the officers of the Regular Aiuny told the truth? Mr. President, I want to say something on the circumstances which attended the capture of Aguinaldo. They have been elabo- rately defended in this body, and the officer who did it has been decorated with a promotion. I do not suppose 10 Senators knew what they were doing. The name came in with several thousand names of sailors and soldiers in one day, and nearly 2,000 were confii-med the next day. As everybody knows, they are never read except at the time of the confirmation. But although I did not know anything about it myself, I am bound to say, in all fair- ness, that since General MacAidhur, the superior officer, has testi- fied that he approved the act and takes the responsibility for the act, the subordinate is acquitted so far as that act is concerned; and I do not see how we could have refused General Funston his promotion if his record in other respects entitled him to it, if he acted as General MacArthur says he did, under orders. But the higher the responsibility for the act the more it is our duty to ex- amine it. Mr. President, we have two guides for the conduct of military officers in such circumstances. They apply not only to this act of General Fumston, but they apply to most of the conduct of our military officers, of which complaint has been made. One of these is Instructions for the Government of Armies of the United States in the Field, prepared by Dr. Francis Lieber and promixl- gated by order of Abraham Lincoln. The other is the convention at The Hague, agreed upon by the representatives of this Goveimment with the others on the 29th day of July, 1899, and ratified by the Senate on the 14th of March, 1902. Obseiwe that this convention was agreec] upon before all these acts happened, and was unanimously adopted after they had all happened. I extract from the Instructions for the Government Regulation of Armies in the Field the follovfing paragraphs: Paragraph 148 is this: The law of war does not allow proclaiming either an individual belonging to the hostile army or a citizen or a subject of the hostile government an out- law, who may be slain without trial by any captor, any more than the modem law of peace allows such intentional' outlawry. On the contrary, it abhoi’S such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civi- lized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism. Now. Mr. President, is it denied that hundreds upon hundreds of Filipinos have been put to death without trial? Has any soldier or officer been brought to trial by our authority for these offenses? Now, if it be an outrage upon which “ nations look with hoiTor.” to use the language of that paragraph, and which “ the law of war * * * abhors,” is it any less a crime to be abhorred when it is done without such proclamation? The proclamation does not, 5298 22 according to this authority, justify the officer or soldier who acts in obedience to it. On the contrary, his conduct is abhorrent to all civilized manhind. And j^et these thbigs pass without con- demnation, without punishment, without trial. Gentlemen seem to be impatient when they are asked to investigate them, or even to hear the story told in the Senate of the United States. Paragi-aph IG is: Military necessity does not admit of cruelty —that is, the infliction of suf- fering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confession. It does not admit of the use of poison in any way nor of the wanton devastation of a district. Itadmits of deception, but disclaims acts of xierfidy, and, in general, military neces- sity does not include any act of hostility which makes the return to peace unnecessarily difficult. The rule says: It admits of deception, but disclaims acts of perfidy. That also follows the prohibition of the use of poison, with which it is associated. Now, perfidy is defined later in paragraph 117, which declares: It is justly considered an act of bad faith, of infamy, or fiendishness to de- ceive the enemy by flags of protection. * * » Paragraph 65 is: The use of the enemy’s national standard, flag, or other emblem of na- tionality for the purpose of deceiving the enemy in battle is an act of per- fidy. * * * Is not the uniform an emblem of nationality? If it be an act of perfidy — the use of that emblem of nationality to deceive the enemy in battle— is it any less an act of perfidy to use it to steal upon him and deceive him when he is not in battle and is in Ms own quarters? This is also prohibited by the convention of The Hague, which must have been well known to all our officers, which had been signed by the representatives of this Government, although its foimal approval by the Senate took place this winter. I suppose if it be perfidy now, according to the unanimous opin- ion of the Senate, and was perfidy before, according to the con- current action of 24 great nations, the question when we formally ratified the treaty becomes unimportant. Article 23 of the convention declares: (f) To make improper use of a flag of trace, the national flag, or milit.ary eu-signs, and the enemy’s uniform— is specially prohibited. That is classed in that article also with the use of poison and poisoned arms. So, Mr. President, the act of General Funston — not General Funston himself, if he acted under orders of Ms superior — but the act of General Funston is stamped with indelible infamy by Abraham Lincoln’s articles of war, to which the Secretary of War appeals, and the concurrent action of 24 great nations, and the unanimous action of the Senate tMs winter. Let me repeat a little: What is an act of perfidy, as distinguished from the deception which General MacArthur thinks appropriate to all war, as defined by both these great and commanding au- thorities? That is defined in paragraph 65, which declares that — The use of the enemy’s national standard, flag, or other emblem of nation- ality for the purpose of deceiving the enemy in battle is an act of perfidy, by which they lose all claim to the protection of the law of war. If that be true, is it less an act of perfidy to use the uniform of the enemy — ^his emblem of nationality — to steal upon him when no battle is going on? 6298 23 One hundred and seventeen is to like effect: It is justly considered an act of bad faith, of infamy, or fiendishnoss to de- ceive the enemy by a flag of protection. Such act of bad faith may be good cause for refusing to respect such flag. Such deception is of the same ’ kind as that practiced on the unsuspecting Aguinaldo, which the rule “ justly,” as it declares, “ considers an act of infamy or fiendishness.” Eule 60 is: It is against the usage of modern war to resolve, in hatred and revenge, to give no quarter. Observe this is not justified even by revenge. No body of troops has the right to declare that it will not give, and there- fore will not accept, quarter. 56. Aprisonerof waris subject to no punishment for beingapublic enemy, nor is any revenge wi'eaked upon him by the intentional infliction of any suf- fering or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity. So, Mr. President, in this attempt to force your sovereignty by this process of benevolent assimilation, we have been brought to the unexampled dishonor of disregarding our own rules for the conduct of annies in the field and to disregard the rules to which our national faith has just been pledged to substantially all the civilized powers of the earth. I understand the facts to be that this officer, with the approval of his superior officer, disguised himself or some of his men in the Filipino uniform, stole upon Aguinaldo unawares under that guise, deceived him by a forged letter representing that they were hungry, received food at his hands, and then threw him down and made him captive. Now, if that be not the perfidy twice denounced and expressly ranked with poisonmg and other like barbarities I can not under- stand the meaning of hmnan language or the force of human conduct. But this act of General Funston's, approved by his superior offi- cer, was in violation, not only of the laws of war, but of thrvt law of hospitality which governs alike everywhere the civilized Chris- tian or pagan wherever the light of chivalry has penetrated. Ho went to Aguinaldo under the pretense that he was ahungered, and Aguinaldo fed him. Was not that an act of perfidy? It vio- lated the holy rite of hospitality which even the Oriental nations hold sacred? In Scott's immortal romance of the Talisman, the Sultan Sala- din interposes to prevent a criminal who had just committed a treacherous murder from partaking of his feast by striking off his head as he approached the banquet. “ Had he murdered my father,” said the Saladin to Eichard Coeur de Lion, “ and after- wards partaken of my bowl and cup, not a hair of his head could have been injured by me.” In this case it was not the host sparing the guest, it was not Conrad de Montserat partaking of the bowl and the cup of Saladin, but it was the guest who had partaken of the hospitality of the host who betrajud his benefactor, and in doing it represented the United States of America in the Philippines. Mr. President, the story of what has been called the water torture has been, in part, told by other Senators. I have no incli- nation to repeat the story. I can not help believing that not a twentieth part of it has yet been told. I get letters in large num- bers from officers, or the friends of officers, who repeat what they tell me, all testifying to these cruelties. And yet as in the case 5298 24 cited by the Senator from Georgia [Mr. Bacon] the other day the officer, or the officer's friends or kindred, -who send the letters to me, send them under a strict injunction of secrecy. Other ^nators tell me they have a like experience. These brave officers, ■who -would go to the cannon’s mouth for honor, who never flinch in battle, flinch before what they deem the certain ruin of their prospects in life if they give the evidence which they tliink would be dis- tasteful to their superiors. I do not undertake to judge of this matter. Other Senators can judge as well as lean. The Ameri- can people can do it better. I suppose, Mr. President, that those of us who are of English descent like to think that the race from which we come ■will com- pare favorably with most others in the matter of humanity. Yet history is full of the terrible cruelties committed by Englishmen when men of other races refused to submit to their authority. I think my friends who seek to extenuate this water torture, or to apologize for it, may perhaps hke to look at the precedent of the dealings with the Insh rebels in 1799. In Howell’s State Trials there -will be foimd the proceedings in a suit by Mr. Wright against James Judkin Fitzgerald, a sheriff, who ordered a citizen to be flogged for the purpose of extorting information. I believe 50 lashes were administered and then 50 more by Fitzgerald, and in many other cases the same course was taken. It was -wholly to extract information, as this water tor- ture has been to get information, Fitzgerald, the sheriff, told his own story. He pointed out the necessity of his system of terror. He said he got one man he had flogged to confess that the plain- tiff was a secretary of the United Hishmen, and this information he could not get from him before; that Mr. Wright himself had offered to confess, but his memory had been so impaired by the flogging that he could not command the faculty of recollection. Notwithstanding he had by the terror of his name and the sever- ity of his flogging succeeded most astonishingly, particularly in one instance, where, by the flogging of one man, he and 30 others acknowledged themselves United Irishmen. Now, that was abundantly proved; and the sheriff who had tortured and flogged these men who were only fighting that Ire- land should not be ruled without the consent of the governed had the effrontery to ask for an act of indemnity from the House of Commons against the damages which had been re- cover(?il against him, and that claim found plenty of advocates. The ministry undertook to extenuate the action of this monster by citing the cruelties which the Irish people had inflicted in their turn, and by sajmg that very material discoveries were made relative to concealed arms as the result of these tortures. The defenders of the administration said the most essential sei’vice had been rendered to the State and to the country by Mr. Fitzgerald. The attorney-general trusted the House would cheerfully accede to the prayer of the petition. Mr. Wright, the man who had been tortured, was a man of excellent char- acter and education, and a teacher of the French language. As soon as he knew there were charges against him he went to the house of the defendant to give himself up and demand a trial. I will not take the time of the Senate to read the debates. The argument for the Government would do very well for some of the arguments we have heard here, and the arguments we have heard here would have done very well there. The House passed 5298 25 a general bill to indemnify all sheriffs and magistrates who had acted for the suppression of the rebellion in a way not warranted by law, and to secure them against actions at law for so doing. The sole question at stake was the right of torture to extort infor- mation. The bill passed the House, and afterwards Fitzgerald got a considerable pension, and was created a baronet of the United Kingdom. Now, I agree that this precedent, so far as it may be held to have set an example for what has been done in the Philippine Islands, may be cited against me. I cite it only to show that such things are inevitable when you undertake by brute force to re- duce to subjection an unwilling people, and that, therefore, when you enter upon that undertaking you yourselves take the respon- sibility for everthing that follows. Mr. President, it is said that these horrors which never would have come to the public knowledge had not the Senate ordered this investigation, were rmknown to our authorities at home. I hope arrd believe they were unkrrown to the War Department. I know they were rmknown to President Roosevelt, and I Imow they were rmknown to President McKinley. But I can not think, per- haps I am skeptical, that the recent declaration of that honorable gentleman, the Secretary of War, made on a memorable occasion, that the war on our part has been conducted with imexampled humanity, will be accepted by his cormtrymen. Let us not be diverted from the true issue. We are not tailring of retaliation. We are not talking of the ordinary brutalities of war. We are not talking about or inquiring into acts of ven- geance committed in the heat of battle. We are talking about tor- tm-e, torture — cold-blooded, deliberate, calculated torture; tortui-e to extort information. Claverhouse did it to the Scotch Covenant- ers with the boot and thumb-screw. It has never since till now been done by a man who spoke English except in Ireland . The Spanish inquisition did it with the slow fire and the boiling oil. It is said that the water torture was borrowed from Spain. I am quite ready to believe it. The men who make the inquiry are told that they are assailing the honor of the American Army. How do the de- fenders of the American Army meet the question? * By denying the fact? No. By saying that the offenders have been detected and punished by military power? Some of these facts were re- ported to the War Department more than a year ago. So far as I can find there have been but two men tided for torture to ex- tort information. They were two officers who hung up men by the thumbs, and they were found guilty. The general officer who approved the finding said “that they had dishonored and de- graded the American Army,” and then they were sent back to their command with a reprimand. I agree with the Senator from Wisconsin that the men who have stolen, and committed assaults for the gratification of brutal lusts have been punished, and pun- ished severely. My honorable friend from Wisconsin [Mr. Spooner] said some- thing about this matter the other day. That is the only case of a punishment to be foimd in our records so far as I have seen them. I agree with my friend from Wisconsin that the men who have stolen and committed assaults for the gratification of brutal lusts have been punished, and punished severely, but what we are talking about is torture. Mr. SPOONER. Did I say anything about the number? 6298 26 Mr. HOAR. The Senator said there were two or three hundred cases, quoting the record before him. Mr. CARMACK. Was it not the Senator from Iowa [Mr. Dolliver]? Mr. HOAR. Ho; it was the Senator from Wisconsin, unless my memory deceives me. I will change it if I am mistaken, but I think I am not mistaken. We are talking about torture committed in the open day by men who were not drunk, but sober: men who had not just come out of battle, but torture for the purpose of getting information, on which, according to one of this committee, the tribunals acted. What we are talking about is the torture committed in the presence of numerous witnesses for the purpose of extorting in- formation, and orders from high authority to depopulate whole districts, and to slay all inhabitants, including all boys over 10 years old. Is it denied that these things have been done? Is it denied that although you are still on the threshold of this inquiry, and have only called such witnesses as you happen to find 10,000 miles away from the scene, that these things have been proved to the satisfaction of the majority of the committee, and that no man has yet been punished, although they were going on considerably more than a year ago? Now, how do oiir friends who seek, I will not say to defend, but to extenuate them, deal with the honor of the American Army? Why, they come into the Senate and say that there have been other cruelties and barbarities and atrocities in war. When these American soldiers and officers are called to the bar oirr friends summon Nero and Torquemada and the Span- ish inquisition and the sheeted and ghostly leaders of the Ku Klux Klan and put them by their side. That is the way you de- fend the honor of the American Army. It is the first time the American soldier was put into such company by the men who have undertaken his defense. It has been shown, I think, in the investigation now going on that the secretary of the province of Batangas declared that one- third of the 300,000 of the population of that province have died within two^ears — 100,000 men and women. The Boston Journal, an eminent Republican paper and a most able supporter of the imperialistic policy, printed on the 3d of May, 1901, an interview with Gen. James M. Bell, given to the New York Times — not the General Bell who has been discussed here, but Gen. James M. Bell is his name, an officer who came back from the Philippines in May, 1901. Mr. SPOONER. James F. Bell is the one there now. Mr. LODGE. James Franklin Bell. IMr. HOAR. This one is James M. Bell, unless I have the in- itials wrong. I have taken great pains to make inquiry. I have heard from the man to whom the interview was given, a news- paper correspondent of high character, and I have applied to the gentlemen of the Boston Journal to know if they ever heard it con- tradicted. He said in May, 1901, and he advocated the policy in the interview, too, that one-sixth of the natives of Luzon have either been killed or have died of the dengue fever in the last iwo years. Now, what is the population of Luzon? It is about 3,000,000, is it not? Mr. ALLISON. That or thereabouts. Mr. HOAR. Then one-sixth is 500,000. 6298 27 I suppose that this dengue fever and the sickness which depopu- lated Batangas is the dii-ect result of the war, and comes from the condition of starvation and bad food which the war has caused. The other provinces have not been heard from. If this be true we have caused the death of more human beings in the Philippines than we have caused to our enemies, including in- surgents in the ten-ible civil war, in all oui- other wars put to- gether, The general adds that — the loss of life by killing alone has been very CTeat, but I think not one man has been slain except where his death served the legitimate purposes of war. It has been necessary to adopt what in other countries would probably be thought harsh measures, for the Filipino is tricky and crafty and has to be fought in his own way. I have made careful inquiry and I am satisfied that this inter- view is genuine. Now, all this is because you will not tell what you mean to do in the future, as I understand it. Where did this order to make Samar a howling wilderness originate? The responsibility unquestionably, according to the discipline of armies in the field, rests with the highest authority from which it came. We used to talk, some of us, about the horrors of Anderson- ville, and other things that were dona during the civil war. We hope, all of us, never to hear them mentioned again. But is there anything in them worse than that which an officer of high rank in the Army, vouched for by a Senator on this floor, from per- sonal knowledge, as a man of the highest honor and veracity, writes about the evils of these reconceutrado camps in the Phil- ippine Islands? Now all this cost, all these young men gone to their graves, all these wrecked lives, all this* national dishonor, the repeal of the Declaration of Independence, the overthrow of the principle on which the Monroe doctrine was placed by its author, the devastation of provinces, the shooting of captives, the torture of prisoners and of unarmed and peaceful citizens, the hang- ing men up by the thumbs, the carloads of maniac soldiers that you bring home are all because you would not tell and vnll not teU now whether you mean in the future to stand on the princi- ples which you and your fathers alwa3's declared in the past. The Senator from Ohio saj’s it is not wise to declare what we will do at some future time. Mr. President, we do not ask you to declare what you will do at some future time. We ask you to declare an eternal principle good at the present time and good at all times. We ask j ou to reaffirm it , because the men most clam- orous in support of what juu are doing deny it. That principle, if you act upon it, prevents you from crushing out a weak nation, because of your fancied interest now or hereafter. It prevents you from undertaking to judge what institutions are fit for other nations on the poor plea that yon are the strongest. We are asking you at least to go no further than to declare what you would not do now or hereafter, and the reason for declaring it is that half of j'ou declare you will hold this people in subjec- tion and the other half on this matter are dumb. You declared what you would not do at some future time when yon all voted that you would not take Cuba against the will of her people, did you not? We ask you to declare not at what moment you will get out of the Philippine Islands, but only on what eternal prin- ciple you will act, in them or out of them. Such declarations are made in all history. They are made in every important treaty between nations. 6298 28 The Constitution of the United States is itself but a declaration of what this country will do and what it will not do in all future times. The Declaration of Independence, if it have the practical meaning it lias had for a hundred years, is a declaration of what this country would do through all future times. The Monroe Doctrine, to which sixteen republics south of us owe their life and their safety, was a declaration to mankind of what we would do in all future time. Among all the shallow pretenses of imperial- ism this statement that we will not say what we will do in the future is the most shallow of all. Was there ever such a flimsy pretext flaunted in the face of the American people as that of gen- tlemen who say. If any other nation on the face of the earth or all other nations together attempt to overthrow the independence of any people to the south of us in this hemisphei'e, we will flght and preveiit them, and at the same time think it dishonorable to declare whether we will ever overthrow the independence of a weaker nation in another hemisphere. If we take your view of it we have cruSied out the only repub- lic in Asia and put it under our heel and we are now at war with the only Christian people in the East. Even, as I said, the Sena- tor from Ohio admits they are a people, he only says there are several peoples and not one, as if the doctrine that one people has no right to buy sovereignty over another, or to rule another against its will, did not apply in the plural number. You can not crush out an unwilling people, or buy sovereignty over them, or treat them as spoils of conquest, or booty of battle in the singu- lar, or at retail, but you have a perfect right to do it by whole- sale. Suppose there are several peoples in the Philippines. They have population enough to make a hundred and twelve States of the size of Rhode Island or Delaware when they adopted the Con- stitution. I suppose, according to this modern doctrine, that if, when the Holy Alliance threatened to reduce the colonies which had thrown off the yoke of Spain in South America, not a wit more com- pletely than the Philippine people had thrown off the yoke of Spain in Asia, if they had undertaken to subdue them all at once, John Quincy Adams and James Monroe would have held their peace and would at least have said it was not wise to say what we would do in the future. If we had the right to protect nascent republics from the tyranny of other people and to declare that we would do it in the future, and if need be would encounter the whole continent of Europe single-handed in that case, is it any loss fitting to avow that we will protect such peoples from our- selves? How is it that these gentlemen v/ho will not tell you what they will do in the future in regard to the Philippine Islands were so eager and greedy to tell you what they would do and what they would not do in the case of Cuba when we first declared war on Spain? You can make no distinction between these two cases except by having a motive, which I do not for one moment impute, that when you made war upon Spain you were afraid of Europe, if you did not make the declaration. These people are given to us as children, to lead them out of their childhood into manhood. They were docile and affection- ate in the beginning. But they needed j^our kindness and justice, and a respect in them for the rights we claimed for ourselves, and ihe rights we had declared always were inherent in all mankind. You preferred force to kindness, and power to justice, and war to peace, and pride to generosity. 29 Yon said yon vronld not treat \vith a man -Rnth aims in his hands. Yon have come, instead, to tortnre him ivhen he -was nn- aimed and defenseless. Yet yon said you vronld make his conduct the measure of your oivn; that if he lied to yon, yon would lie to him; that if he were cruel to you, yon would he cniel to him; that if he were a savage, yon would he a savage also. Yon held an attitude toward him which yon hold to no strong or to no civilized power. Y'on decorate an officer for the capture of Agninaldo by treachery, and the next week ratify The Hague con- vention and denounce such action, and classify it with poisoning and breaking of faith. Yon tell ns, Mr. President, that the Philippine people have practiced some cruelties themselves. The investigation has not yet gone far enough to enable you to tell which side begun these atrocities. One case which one of the members of the majority of the committee told the Senate the other day was well estab- lished by proving that it occurred long before April, 1901, and was so published, far and wide, in the press of this country at that time. I do not learn tiiat there was any attempt to investi- gate it, either by the War Department or by Congress, mitil the beginning of the present session of Congress. But suppose they did begin it. Such things are quite likely to occur when wealmess is fighting for its lights against strength. Is their conduct any excuse for ours? The Philippine people is but a baby in the hands of our Republic. The yoimg atldete, the giant, the Hercules, the Titan, forces a fight upon a boy 10 years old and then blames the little fellow because he hits below the belt. , I see that my enthusiastic friend from North Carolina seeks to break the force of these revelations by saying that they are only what some Americans are wont to do at home. It is benevolent assimilation over again. It is just what the junior Senator from Indiana predicted. He thought we should conduct affairs in the Philippine Islands so admirably that we should pattern our do- mestic administration on that model. But did I understand that the Senator from North Carolina proposes, if his charge against the Democrats there is true, to make North Carolina a howling wilderness, or to burn populous towns of 10,000 people, to get the people of North Carolina into reconcentration camps, and to slay every male child over 10 years old? I know nothing about the timth of the Senator's charges. They have never been investi- gated by the Senate so far. We had some painful investigations years ago by committees in this body and of the other "House, notably one of which the senior Senator from Colorado was chair- man. But I never heard that you undertook to apply to Ameri- cans the methods which, if not justified, at least are sought to be extenuated, in the Philippine Islands. Mr. President, if the stories which come to me in private from officers of the Army and from the kindred and friends of sol- diers are to be tnisted; if the evidence which seems to be just beginning before the Senate Committee can be trusted, there is nothing in the conduct of Spain in Cuba worse than the conduct of Americans in the Philippine Islands. If this ertdence be true, and nobody is as yet ready to deny it, and Spain were strong enough, she would have the right to-morrow to wrest the Philip- pine Islands from our grasp on grounds as good, if not better, than those which justified us when we made war upon her. The United States is a strong and powerful country — the strojigest and most powerful on earth, as we love to think. But it is the 5298 30 first time in the history of this people for nearly three hundred years when we had to appeal to strength and not to the righteous- ness of our cause to maintain our position in a great debate of justice and liberty. Gentlemen tell us that the Filipinos are savages, that they have inflicted torture, that they have dishonored our dead and outraged the living. That very likely may be true. Spain said the same thing of the Cubans. We have made the same charges against our ovm counti’j-men in the disturbed days after the war. The reports of committees and the evidence in the documents in our library are full of them. But who.ever heard before of an American gentleman, or an American, who took as a rule for his own conduct the condiict of his antagonist, or who claimed that the Republic should act as savages Ijecause she had savages to deal with? I had supposed, Mr. President, that the question, whether a gentleman shall lie or murder or torture, depended on his sense of his ovm character, and not on his opinion of his victim. Of all the miserable sophistical shifts wMch have at- tended this wretched business from the beginning, there is none more miserable than this. You knew — men are held to know what they ought to know in morals and in the conduct of States — and you knew that this peo- ple would resist you; you knew you were to have a war; you knew that if they were civilized, so far as they were civilized and like you, the war would be conducted after the fashion of civilized warfare, and that so far as they were savage the war would be conducted on their part after the fashion of savage warfare; and you knew also that if they resisted and held out, their soldiers would be tempted to do what they have done, and would yield to that temptation. And I tell you, Mr. President, that if you do not disregard the lessons of human nature thus far, and do not retrace your steps and set an example of another conduct, you will have and those who follow you will have a like experience hereafter. You may pacify this country on the surface; you may make it a solitude, and call it peace; you may burn towns; yoii may exterminate populations; you may kill the children or the boys over 10, as Herod slew the firstborn of the Israelites. But the volcano will be there. You will not settle this thing in a generation or in a centiiry or in ten centuries, until it is settled right. It never ■wdll be settled right until you look for your counselors to George Washington and Thomas Jefferson and John Quincy Adams and Abraham Lincoln, and not to the reports of the War Department. There is much more I should like to say, but I have spoken too long already. I have listened to what many gentlemen have said — gentlemen whom I love and honor — with profound sorrow. They do over again in the Senate what Burke complained of to the House of Commons. In order to prove that the Americans have no right to their liberties we are every day endeavoring to subvert the maxims which preserve the whole spirit of our own. To prove that the Americans ought not to be free we are obliged to depreciate the value of freedom itself; and we never seem to gain a paltry advantage over them in debate without attacking some of those principles or deriding some of those feelings for which our ancestors have shed their blood. I wish to cite another weighty maxim from Burke: America, gentlemen say, is a noble object — ^it is an object well worth fighting for. Cea-tainly it is, if fighting a people be the best way of gaining them. Gentlemen in this respect will be led to their choice of means by 6298 31 their complesions and their hahits. Those who understand the military art will of conrse have some predilection for it. Those who wield the thunder of the state may have more confidence in the efiScacy of arms. Bat I con- fess, possibly for the want of this knowledge, my opinion is much more in favor of prudent management than of force — considering force not as an odious, hut a feeble instrument, for preserving a people so numerous, so active, so growing, so spirited as this, in a profitable connection with us. There is nothing — Says Gibbon, the historian of the Decline and Fall of the Ro- man Empire — more adverse to nature and reason than to hold in obedience remote coun- tries and foreign nations in opposition to their inclination and interest. A torrent of barbarians may pass over the earth, hut an extensive empire must be supported by a refined system of policy and oppression; in the center, an absolute power, prompt in action and rich in resources; a swift and easy communication with the extreme jjarts; fortifications to check the first effort of rebellion; a regular administration to protect and punish; and a weU-discipiined army to inspire fear, without provoking discontent and despair. Lord Elgin, Governor-General of India and formerly Governor- General of Canada, vrell known and highly esteemed in the United States, declared as the result of his experience in the East: “ It is a terrible business, however — this living among inferior races. I have seldom from man or woman since I came to the East heard a sentence which was reconcilable with the hypothesis that Chris- tianity had ever come into the world. Detestation, contempt, ferocity, vengeance, whether Chinamen or Indians he the ob.ject. One moves among them with perfect indifference, treating them not as dogs, because in that case one would whistle to them and pat them, hut as maebiues with which one can have no commun- ion or sjunpatby. When the passions of fear and hatred are in- grafted on this indifiference, the result is frightful — an absolute callousness as to the sufferings of the objects of those passions, which must be witnessed to be understood and believed.” The glowing narrative of Macaulay, the eloquence of Burke and Sheridan have made the crimes committed in India under the rule of Warren Hastings familiar to mankind. Yet I believe the verdict of history has acquitted Hastings, as the tribunal that tried him acquitted him. He was dismissed, exculpated, from the bar of the House of Lords, and decorated. He was swoni of the Privy Council and received at cofirt. A large purse was made up for him by the East India Company. Yet no man doubts the truth of Burke's ten-ible indictment. He was acquitted because Eng- land, and not he, was the criminal. When England undertook to assei*t her rule in India what followered was the inevitable con- sequence of the decision. Lord Erskine, the foremost advocate who ever spoke the Eng- lish tongue on English soil, placed with xmerring sagacity the defense of Hastings on this ground alone. He admitted that Hastings, in i*uling India, “may, and mnst, have offended against the laws of God and nature.” “If he WeXS the faithful viceroy of an empire wi-ested in blood from the people to whom God and nature had given it, he may and must have preserved that unjust dominion over timorous and abject nations by a terrifying snper- iority.” “A government having no root in consent or affection, no foxmdation in similarity of interests, nor support from any one principle which cements men in society together could only be upheld by alternate stratagem and force.” Erskine adds: “To be governed at all, they must be governed with a rod of iron: and oni- empire in the East would long since have been lost to Great 6298 32 Britain if ci^^l sltill and militarj’ prowess had not nnited their efforts to support an authority which Heaven never gave — by means which it never can sanction.” Mr. President, this is the eternal law of human nature. You may struggle against it, you may try to escape it, you may persuade yourself that your intentions are benevolent, that your yoke will be easy and your burden will be light, but it will assert itself again and again. Government without the consent of the governed — an authority which Heaven never gave — can only he supported by means which Heaven never can sanction. The American people have got this one question to answer. Tliey may answer it now; they can take ten years, or twenty years, or a generation, or a century to think of it. But it will not dovm. They must answer it in the end — Can you lawfioUy buy with money, or get by brute force of anns, the right to hold in subjugation an unwilling people, and to impose on them such constitution as yoii, and not they, think best for them? We have answered this qiiestion a good many times in the past. The fathers answered it in 177C, and founded the Republic upon their answer, which has been the corner stone. John Quincy Adams and James Monroe answered it again in the Monroe doc- trine, which John Quincy Adams declared was only the doctrine of the consent of the governed. The Republican party answered it when it took possession of the forces of Government at the beginning of the most brilliant period in all legislative history. Abraham Lincoln answered it when, on that fatal journey to Washington in 18G1, he announced that the doctrine of the con- sent of the governed was the cardinal doctrine of his political creed, and declared, with prophetic vision, that he was ready to be assassinated for it if need be. You answered it again your- selves when you said that Cuba, who had no more title than the people of the Philippine Islands had to their independence, of right oiight to be free and independent. The question will be answered again hereafter. It will be an- swered soberly and deliberately and quietly as the American peo- ple are wont to answer great questions of duty. It will be an- swered, not in any turbulent assembly, amid shouting and clapping of hands and stamping of feet, where men do their thinking with their heels and not with their brains. It will be answered in the churches and in the schools and in the colleges; and it will be answered in fifteen million American homes, and it will be an- swered as it has always been ans^wered. It will be answered right. A famous orator once imagined the nations of the world unit- ing to erect a column to Jurispradence in some stately capital. Each country was to bring the name of its great jurist to be in- scribed on the side of the column, wdth a sentence stating what he and his country through him had done toward establishing the reign of law in justice for the benefit of mankind. Rome said, “Here is Numa, who received the science of law from the nymph Egeria in the cavern and taught its message to his countrymen. Here is Justinian, w^ho first reduced law to_ a code, made its precepts plain, so that all mankind could read it, and laid down the rules which should govern the dealing of man with man in every transaction of life.” France said, “Here is D’Aguesseau, the gi’eat chancellor, to whose judgment seat pilgrims from afar were wont to repair to do him reverence.” 5298 England said, “ Here is Erskine, wlio made it safe for men to print the truth, no matter what tyrant might dislike to read it.” Virginia said, “ Here is IMarshall, who breathed the vital princi- ple into the Constitution, infused into it, instead of the letter that killeth. the spirit that maketh alive, and enabled it to keep State and nation each in its appointed bounds, as the stars abide in their courses.” I have sometimes fancied that we might erect here in the cap- ital of the country a column to American Liberty which alone might rival in height the beautiful and simple shaft which we have erected to the fame of the Father of the CSuntry. I can fancy each generation bringing its inscription, which should recite its own contribution to the great structure of which the column should be but the sjunbol. The generation of the Puritan and the Pilgrim and the Hugue- not claims the place of honor at the base. ” I brought the torch of Freedom across the sea. I cleared the forest. I subdued the savage and the wild beast. I laid in Christian liberty and law the foundations of empire.” The next generation says: “ Wliat my fathers founded I builded. I left the seashore to penetrate the wilderness. I planted schools and colleges and courts and churches.” Then comes the generation of the great colonial day. “ I stood by the side of England on many a hard-fought field. I helped humble the power of France. I saw the lilies go down before the lion at Louisburg and Quebec. I carried the cross of St. George in triumph in Martinique and the Havana. I knew the stormy pathways of the ocean. I followed the whale from the Arctic to the Antarctic seas, among tumbling mountains of ice and under equinoctial heat, as the great English orator said, ‘No sea not vexed by my fisheries ; no climate not witness to my toils. ’ ’ ’ Then comes the generation of the Revolutionary time. “ I en- countered the power of England. I declared and won the Inde- pendence of my country. I placed that declaration on the eternal principles of justice and righteousness which all mankind have read, and on which all mankind will one day stand. I affirmed the dignity of human nature and the right of the people to govern themselves. I devised the securities against popular haste and delusion which made that right secure. I created the Supreme Court and the Senate. For the first time in history I made the right of the people to govern themselves safe, and established in- stitutions for that end which will endure forever.” The next generation says, I encountered England again. I .indicated the right of an American ship to sail the seas the wide world over without molestation. I made the American sailor as safe at the ends of the earth as my fathers had made the Ameri- can farmer safe in his home. I proclaimed the Monroe doctrine in the face of the Holy Alliance, under which 16 Republics have joined the family of nations. I filled the Western Hemisphere with Republics from the Lakes to Cape Horn, each controlling its own destiny in safety and in honor.” Then comes the next generation : “ I did the mighty deeds which in yonr younger years you saw and which your fathers told. I saved the Union. I put down the rebellion. I freed the slave. I made of every slave a freeman, and of every freeman a citizen, and of every citizen a voter.” Then comes another who did the great work in peace, in which 52S8 3 34 so many of you had an honorable share: “ I kept the faith. 1 paid the debt. I brought in conciliation and peace instead of war. I secured in the practice of nations the great Doctrine of Expatriation. I devised the Homestead system. I covered the prairie and the plain -with happy homes and with mighty States. I crossed the continent and joined together the seas with my great railroads. I declared the manufacturing independence \>f America, as my fathers affirmed its political independence. I built up our vast domestic commerce. I made my country the richest, freest, strongest, happiest peopleonthe faceof the earth.” And now what have we to say? 4^at have we to say? Are we to have a place in that honorable company? Must we engrave on that column, “We repealed the Declaration of Independence. We changed the Monroe doctrine from a doctrine of eternal righteousness and justice, resting on the consent of the governed, to a doctrine of brutal selfishness, looking only to our own ad- vantage. We crushed the only republic in Asia. We made war on the only Christian people in the East. We converted a war of glory to a war of shame. We vulgarized the American flag. We introduced perfidy into the practice of war. We inflicted torture on unarmed men to extort confession. We put children to death. We established reconcentrado camps. We devasted provinces. We baffled the aspirations of a people for liberty.” No, Mr. President. Never! Never! Other and better counsels will yet prevail. The hours are long in the life of a great peo- ple. The irrevocable step is not yet taken. Let us at least have this to say: We too have kept the faith of the Fathers. We took Cuba by the hand. We delivered her from her age-long bondage. We welcomed her to the family of na- tions. W’e set mankind an example never beheld before of moderation in -victory. We led hesitating and halting Europe to the deliverance of their beleaguered ambassadors in China. We marched through a hostile country — a country cruel and barbar- ous — without anger or revenge. We retumed benefit for injury, and pity for cruelty. We made the name of America beloved in the East as in the West. We kept faith with the Philippine people. We kept faith -with our own history. We kept our national honor unsullied. The flag which we received -without a rent we handed do-wn without a stain. [Applause on the floor and in the galleries.] 5293 o