Author ^t #0^ o t. o Title -* * • > Clau .£.2Z1. Imprint. Book^..4i..^-.-i„. IB — 47372-1 0»0 LIBER'IV TRACTS NUMRF.R NINE REPUBLIC -< EMPIRE w ITH GLIMPSES OF "CRIMINAL AGGRESSION" EDWIN RURRITT SMITH OF THE CHICAGO BAR AN ADDRESS DELIVERED AT THE. PHILADELPHIA CONFERENCE, FEBRUARV 23, 1900 The people of the United States are sovereign; their government is but an agent exercising conferred and limited powers. The Constitution does not bind them ; it was created by them to limit and control their government. The heresy that mere creatures of the Constitu- tion may acquire "colonial possessions" and "subjects," to be by them despotically ruled outside the Constitution, must be stamped out. Its undisguised basis is inequality among m?n. Shall we, by evasion, construction, or aminilnient, now embody this principle in our fundamental law ? CHICAGO: AMERICAN ANTI-IMPERIALIST LEAGUE 1900 "Great captains with their guns and drums. Disturb our judgment for the hour, But at last silence comes." — Loivell. " I have always thought that all men should be free, but if any should be slaves, it should be first those who desire it for themselves, and secondly those who desire it for others." Abraham Liiico/?!, Complete W^orks, J'ol. -',/>. 662. '' It is now no child's play to save the principles of Jefferson from total overthrow in 'this nation. . . . The principles of Jefferson are the definitions and axioms of free society ; and yet they are denied and evaded, with no small show of success. One dashingly calls them ' glittering generalities.' Another bluntly calls them 'self evident lies.' Others insidiously argue that they apply to ' superior races. ' These expressions, differing in form, are identical in object and effect, the supplanting the principles of free government, and restoring those of class, caste, and legitimacy. They would delight a convocation of crowned heads plotting against the people. They are the vanguard, the miners and sappers of returning despotism. We must repulse them, or they will subjugate us. This is a world of compensation and he who would be no slave must consent to have no slave. Those who deny freedom to others deserve it not them- selves, and, under a just God, cannot long retain it. "... To-day, and in all coming days, it [Declaration of Inde- pendence] shall be a rebuke and a stumbling block to the very harbingers of re-appearing tyranny and oppression." Abraha)}i Lincoln, Letter to H. L. Pierce, April 6, /Sjg. If'or/cs, Vol. L p. 33^- " Arbitrary governments may have territories and distant possessions because arbitrary governments may rule them by diiTerent laws and different systems. Russia may rule in the Ukraine and the provinces of the Caucausas and Kamschatka by different codes, ordinances, or ukases. We can do no such thing. They must be of us, part of us, or else strangers." Daniel Webster. GLIMPSES OF "CRIMINAL AGGRESSION/ " I speak not of forcible aimexatioii, fur that cannot hv lliou^Iit of. That, by our code of morals. woiiM he criminal aggression." J/^c'ssii,i^t- of Pre silt cut McKiiiUy to Conf(ress, . Ipi il j f , /SgS. HISTORY REPEATS ITSELF. " I am desirous of re^torin,^ to Iheiu [ American Colonists] the blessings of law, which they have fatally and desperately exchanged for the calamities of war, and the arbitrary tyranny of their chiefs." Protfaniatioii of Kin v: (ii-oro/is, Octolwr /j, /Sgg. THE "PROVIDENCE OF GOD" THEORY. " The Philippines, like Cuba and I'orlo Rico, were intrusted to our hands by the Providence of God." Jfr. Ml Kiiilcy at />ostoii, /•'chriuuy if>, /Sgg. " In the Providence of God who works in mysterious ways, this great archipelago was put into our lap " J//-. McKinlt-y at Red field, S. P., Octolu-r / /. /Sgg. " Into our reluctant la]) the hand of destiny dropped the Philippines. Saul went out to seek his father's asses and found a kingdom." P/rsidi'uf Scfiurntaii at C/iica^o. February ?j. iqno. " Secret and confidential .... Keep full of coal. In the event of declaration of war with Spain, your duty will be to see that the Spanish sf|uadron does not leave the Asiatic coast, and then offensive ojierations in Philippine Islands." Roosei'eli, Assistant Secretary of Xaiy, to Deicey, Fettruary 2^, /SqS, Appendix Report Chief Bureau .Vai'i^ation, p. jj. " There is every reason to believe that, with Manila taken or even blockaded, the rest of the islands wouhl fall to the insurgents or ourselves." /)ispatr/i fivin Commodore /hrciy. /fom^koni^. March ^i. /SgS. "Conditions here and in Cuba are practically alike. War exists, battles are of almost daily occurrence. The crown forces have not J)een able to dislodge a rebel army within ten miles of Manila 4 )epi(hlie is ori:^anized here asm Cuha. . . .\11 authorities agree that unless the crown largely reinforces its army here it will lose possession." Consul inttiaius, Manila, to .Isst. Secy. Cridler, February jj, /SgS. Senate Doc. 62. />. 7/9. 4 GLIMPSES OF "CRIMINAL AGGRESSION." ' ' Spain relinquishes all claim of sovereignty over and title to Cuba. Spain cedes to the United States the archipelago known as the Philippine Islands." J/r. IMcKinley's ''Treaty of Peace.''' WERE THE FILIPINOS OUR ALLIES? " Aguinaldo, insurgent leader, here, v/ill come Hong Kong arrange with Commodore for general co-operation insurgents Manila if desired." U. S. Consul-General Pratt, Singapore, to Commodore Dezvey, Hong- kong, April 2^, iSgS. Senate Doc. 62, p. 342. ' ' Tell Aguinaldo to come soon as possible. ' ' Commodore Dewey to Consul-Gencral Pratt, April 24, iSgS. Id. p. J42. " General Aguinaldo gone my instance Hongkong arrange with Dewe^ co-operation insurgents Manila." Consul-General Pratt, to Secy. Day, April 2j, 1S98. Id. i>. 341. " Large supply of rifles should be taken for insurgent allies." Consul IVildman, Hong Kong, May ig, iSgS, to Secretary Day. Senate Doe. 62, p. jj(5. "I have given him [Aguinaldo] to understand that I consider the insurgents as friends, being opposed to a common enemy. He has gone to attend a meeting of insurgent leaders for the purpose of forming a civil government. Aguinaldo has acted independently of the squadron, but has kept me advised of his progress, which has been wonderful. I have allowed to pass by water, recruits, arms and ammunition, and to take such Spanish arms and ammunition from the arsenal as he needed. Have advised frequently to conduct the war humanely, which he has done invariably." Rear-Adniiral Dezvey to Secretary Long, June 2j, iSgS. Appendix Bureau Navigation Report, p. 103. ''General : I desire to have the most amicable relations wnth you, and to have you and your people co-operate with us in military operations against the Spanish forces." Genl. Thomas Af. Anderson to Aguinaldo, July 4, i8g8. Senate Doc. 62, p. jgo. " General: The bearer, Maj. J. F. Bell, U. S. A., was sent by Maj. Gen. Wesley Merritt, U. S. A., to collect for him, by the time of his arrival, certain information concerning the topography of the country surrounding Manila. I would be obliged if you would permit him to see your maps and place at his disposal any information you may have on the above subjects, and also give him a letter or pass addressed to your subordinates which will authorize them to furnish him any information they can on these subjects, and t') facilitate his passage along the lines upon a reconnaisance around Manila." Genl. T/iomas M. Anderson to Aguinaldo, July ig, iSgS. Senate Doc. 62, p. sgj. " I came from Hongkong to prevent my countrymen from making common cause with the Spanish against the North Americans. ' ' Aguinaldo to Gen. Thomas 31. Anderson, July 24, jSg8. Senate Doc. 62, p. 39 f. f'rLIMl'SF^S OI- CRIMINAL AGGRKSSION' 5 "General : When I raiiie ht-re three weeks n;^<) I rcf|ueste>(■. 6.', p. j)f " (f'ruerii/: KepyUnij to your letter of ye.stcnlav, I have the honor to manifest to your excellency that 1 am surprised heyoutl measure at that which you Siiy to me in it, lamentin;.^ the non-receipt of any resj>onse relative to the needs (or aids) that you asked of me in the way of hofM-s, hufTaloes, and carts, because 1 rejilied in a ])recise manner, through the liearer, that I was disposed tt) j^ive convenient orders whenever you advised me the number of these with due anticipation (notice). I have circulateil orders in the pro\-inccs in the proximity that in the shortest lime possible horses l)e broiii^ht for sale. . . . I h.ive also ordered to be placed at my disposal 50 carls th.il I shall place at your disposition." Aguinaliio io Ucn. Thomas J/. . hidt-rsoit, July 2/, /SqS. Seuatc Doc. 6-'. /• 395- "You ouirlit to imder>land that without the lonjj siege sustained by my forces you miv,'ht have obtained possession of the ruins of the city, but never the surrender of the Spanish forces, who could have retired to the interior towns. ... I do not C(jniplain of the di.sowninj.; of our help in the mentioned ca])itulation, althougli justice resents it greatly, and I have to bear the well-founded blame of my ])eoi)le. ... I hope that this time you will manifest the spirit of justice that pertains to such a free and admirably constituted government as that of the I'nitcd States of .Vmerica." Einilio .ly^uiiialdo to Geul. Merrill, .Ini^iisl 27, /SqS. Reporl 0/ Coil. Oil's, /or fSgg, />. 5. Senale Doc. 62, p. 403. In reply to above by Genl. Otis, .successor in command to Genl. Merritt, addressed to " T/ie ConniuiiiJiiii^ General 0/ lite Philippine I-'orees," dated September 8, iSgS, occur tlie.se words: " It only remains for me to respectfully notify you that I am comj^lled by mv instructions to direct that your anned forces evacuate the entire city of Manila, including its suburbs ami defenses, antl that I .shall be obliged to take action within a very short space of time should you decline to coniply with my Government's demands [///(// .-ItruinaUlo snrrenJer positions icithin suburbs ami city of Manila captured by his forces durim^ -<•'':».''■] ; ''"d I hercbv ser\-e notice on you that unless your troops are withdrawn beyond the liiie of the city's defenses before Thursday, the 15th instant, I shall l)e obliged to resort to forcible action, and that my government will hold you responsible for any unfortunate con.sefiueiices which may ensue. ... I have conferred freely with Admiral Dewey upon the contents of this communication, and am delegated by him to state that he fully approves of the same in all respects; that the commands of our government compel us to act as herein indicate*!, and that between our respective forces there will be unanimitv and com])lete concert (if action." <,'■■:!. ()lis' A'epor/,p. 9. " Had it not been arranged for Geuer.d .Aguinaldo thus to co-operate with us, it is more than probable that he would h »ve returned to the islands of his own accord anrl undertaken independent operations, which might. I fear, have caused us serious embarr;issnient." Consul-General Pratt, Signapore, June 21, iS<)S, to Assistant Srnrttiry Moore. Senate Doc. ^>2, p. jj6. G C^LIMPSES OF "CRIMINAL AGGRESSION."' "The United States Governnient, through its naval commander, has to some extent made use of them for a distinct mihtary purpose, viz., to harras and aimoy the Spanish troops, to M'ear them out in the trenches, to blockade Manila on the land side, and to do as much damage as possiVjle to the Spanish Government prior to the arrival of our troops; and for this purpose the admiral allowed them to take arms and munitions which he had captured at Cavite, and their ships to pass in and out of Manila Bay in their expe- ditions against other provinces." F. V. Greene, Major-Ceiicral U. S. /'., before Peace Commission at Paris, August jo, iSgo. Senate Doc. 62, p. 424. *^ Mr. Freye: .... Suppose the United States in the progress of that war found the leader of the present Philippine rebellion an exile from his country in Hongkong and sent for him and brought him to the islands in an American ship, and then furnished him 4,000 or 5,000 stands of arms, and allowed him to purchase as many more stands of arms in Hongkong, and accepted his aid in conquering Luzon, what kind of a nation in the eves of the world, would we appear to be to surrender Aguinaldo and his insurgents to Spain to be dealt with as they please ? "A. (Commander Bradford) We became responsible for everything he has done. He is our ally, and we are bound to protect him." Statemort of Comjiiander B. B. Bradford, C. S. Xaiy, October 14, iSgS, before Peace Commission at Paris. Senate Doc. 62, p. 4SS. " For a hundred years we had to content ourselves with words of s^'mpathy for peoples struggling, as we once struggled, for freedom and independence. Here for the first time an opportunity came to help in such a struggle without breaking our settled policy. We joined ranks with the native patriots against a common enemy. Whether any one made, or was authorized to make, promises to them is of no consequence. Our history and principles are a perpetual promise ; and no one will deny that when the Philipinos joined forces with us they believed, and we knew they believed, that success would mean the fulfillment of their hopes. We should have resented a request for a promise that we would not do beyond the seas what we had pledged ourselves not to do at our own shores. No American can truly say that during the struggle he had any other idea. If anybody then assumed to sit in judgment on the fitness of others to have rights which we hold to be inalienable, nobody dreamed of questioning Ihe fitness for free- dom and independence of men, who to gain them, had risked their lives, their fortunes, and their sacred honor." Ex-Attorney General fudson Harmon, at dinner to Hon. jrHliani H. Taft, Cincinnati, March 5, igoo. HISTORY MADE TO ORDER. " Nor was there any co-operation of any kind between the contending respective forces, and the relations between them were strained from the beginning." Philippine Commission's "'Preliminary" Report. " There were no conferences between the officers of the Filipinos and our officers with a view of operating against the Spaniards, nor was there any co-operation of any kind." P'hilippinc Conunission's '' Preliniinary" Report. (".l.IMrSKS OI' "CRIMINAL ACW'.KKSSlON." 7 " I never promised him, directly or imlirectly, iiidciieudcnce for tin- Filipinos ; I never treated him as an ally, txirp/ to iitn/ct- use of' /liiii ami l/ii tiii/iT'fS to assist iiif in my o/ii/ations against tlir Sf>aiiiards. He never iittereil the word independeme in any conversation with me or my olTicers." . litniiiat Jh^iuy to Stuator /.otti^r, J'thruaiy, /'jih). " On the circumstance that Agninaldu landed with Dewey's consent is built u]) the monstrous fiction that our country has been faithless to homir and duty, and that we owe the lMli]>inos inde])enilenie. Iaiiiartts made our tiisk easier is true. We had fewer men to fit^ht, and our enemy was -is with wlioiii 1 was daily disiussinj; political problems and the frienared. Ciful. Dfis' A't-porl. f>. 66. " Agiiinaldo met the proclamaticm by a counter one in which he indignantly protested against tlie claim of sovereignty by the United States in the islands, which really had been concjuered from the Spaniards through the blood and treasure of his countrj-men, and abused me for my assum])iion of the title of militar)' governor. Even the women of Cavite ])rovince, in a document numerously signed by them, gave me to understand that after all the men are killed ofJF they are prepared to shed their patriotic blood for the liberty and independence of their country." (if III. Otis' Report, f>. JO. " The result was our picket discharged his piece, when the insurgent troops near Santa Mesa opened a spirited fire on our troojis there stationed. The engagement was one strictly defensive on the part of the insurgents and of vigorous attack by our forces." ^ February 4, 1899.) (•oil. Otis' Report, />. 96. " Just before the time set hy the Senate of the Unite.sed the establish- ment of a neutral zone between the two armies of any w idlh that would l>e agreeable to General Otis, .so that during the peace negotiations there might be no further danger of conflict between the two armies. To the.se repre- sentations of General Torres, (icneral Otis sternly re])! ied that the fighting, having once begun, must go on to the grim end." Cent. C. MeReeze, tately returned to .Minnesota /ion: duty in .Manila. (Press /ntei-eiezc.) 10 GUMPvSES OF "CRIMINAL AGGRESSION." " The chief insurgent leaders did not wish to open hostilities at that time." Ceil/. O/i's. Report to ^April 6, iSgg. ' Aguinaldo now applies for a cessation of hostilities and conference; nave declined to answer." Cent. Of/s, telegni)!!, February 9, iSg<). THE "BRIBERY" STORY. " There has been a systematic attempt to blacken the name of Aguinaldo and his cabinet on account of the fjuestionable terms of their surrender to Spanish forces a year ago this month. It has been said that they sold their country for gold, but this has been conclusively disproved, not only by their own statements, but by the speech of the late Governor-General Riviera in the Spanish Senate, June 11, '98. He said that Aguinaldo undertook to sub- nut if the Spanish government would give a certain sum to the widows and orphans ol the insurgents. He than admits that only a tenth part of this sum was ever given to Aguinaldo, and that the other promises made he did not find it expedient to keep. " I was in Hongkong Sept. "97, when Agaiinaldo and his leaders arrived under contract with the Spanish government. They waited until the first of November for the payment of the promised money and the fulfilment of the promised reforms. Only $400,000 Mexican, was ever placed to their credit in the banks. Consul IVildman, Hongkong, July iS, iSgS, to Assistant Secretary 3foore. Senate Doc. 62, p. j,"-/. " To-day I executed a power of attorney where1)y Aguinaldo releases to his attorneys in fact, f 400,000 now in bank at Hongk'o'ig, so that the money can pay for 3,000 stands of arms bought there and expected here to-morrow. . When Gen. Merritt arrives he will find large auxilliary fcices. " Consul IVilliains, Manila, Mav 2/. /SgS, to Sec'v Day. Setiate Doc. 62, P.32S. " President vSchunnan says Aguinaldo rejected with scorn an offer to take a salary of f5,ooo and become governor of the Tagals. " Editoral Chicago Tribune, September 21, iSgg, Based on Press Dispatch front Ithaca. " The leader of the insurgent forces says to the American Government : ' You can have peace if you will give us independence. Peace for inde- pendence, he says. He had another price than that for peace once before ; but the Uuited States pavs no gold for peace. ' ' A/r. A/cAl'nley at Fargo, October S, iSgg. CAPACITY OF FILIPINOS. " T consider the forty or fifty leaders, with whose fortunes I have been very closely connected, both the superiors of the Malays and the Cubans. Agui- naldo, Agoncillo, and Sandico are all men who would be leaders in any country. ' ' Consul Wildnian, Hongkong, May /S, /SgS, to Secretary Day. .Senate Doc. 62. p. jj;6. GIJMPSI'S OF "CRIMINAI. AfW'.RKSSION." 11 "In ;i telegram sent Id Ihc- l)L'i)arliMtiil mi Juno 23. I cxpressct! the ojiiiiion that ' these pcoijle arc far superior in Iheir iiitflii;;eiice iiul iiir)rc capahlc of self -govern iiitnt than the n ilives of Ciiha ; inii 1 atn familiar with both races. ' Further intercourse with them has confirmed me in this o])inion." .Idiniivil /^tuuv, to StiiYhirv /.(nii;, . finiiisl ji>, /.s'v.v. Si-itaU Lktc. 6j, p. jSj. ' " They area barbarous race, moililied by three centuries of contact with a decadent race. The Filijiino is the South Sea Malay, ])ut through a Tjroce.ss of three hundred years of suijcrslition in religion, dishone.stv in dealing, disonier in Irabits of industry, ami cruelty, caprice, and corruj>lion in government." Scinilor /!i-z'rri(ti^t-. Sfxrrh, />. 5. " There are tliose who think the Spaniards are \\o\. ni Idp ireedom. I believe that no ])eo])le are fit for anything else." Sfcniiiry I law in pirf\nr to "Castilian Days," written l>ifoir fie fwaitne an instniincnt c/"" Iwucvolent assitnilation." " In the four nioiuhs which separate May i, 1S9S, from the day when the manuscript of this volume leaves my hands, important events have crowded on each others's heels as never before in tlie history of the archipelago. Whatever may be the immediate outcome, it is safe to say that, having learned something of his power, the civilized native will now be likely to take a hand in shaping his own future I trust that oppor- tunities which he has never enjoyed may be given to him. If not, may he win them for himself. Pliilippinc Coniinissioner Woircstrr. '■'Tlir I'ltilippinr Islands." p. y.V^. "WHAT ARE WE HERE FOR?" "The President desires tt) receive from you any important information you may have of the Philippines • the desirability of the several islands. ; the character of their population ; coal and other mineral deposits ; their harbors and commercial advantages, and in a naval and commercial sense wliich would be the most advantageous." Assistant Sirirtary Allen to Admiral Dt-u'cw .lu<:^iist /?, /SgS. Ap- pendix fiurcan 0/ .Vac-i<^ation Report, p. 133. " The Chairman [Day]. I would like to ask about Admiral Dewey's views. He selects the Island of Luzon as the one to be obtained. Do you understand that that is Admiral Dewey's views? ' Gen''ral ^frrritt. I understand the question was asked from Wash- ington, • If we took but one island, ichieh is the hesf to seize upon ?' ... He naturally .selects the largest and most populous." Heart nir before the Peace Commission at I\iris. Oetoher j. /SoS. St-nate /)oe. 6j, pp. jdj; and j66. "The hard practical (piestion alone remains: Will the j)o.ssessioii of these islands benefit us as a nation ? If it will not, set them free to-morrow, and let their people if they ])lease cut eacli other's throats or play what l)ranks thev ]jlease " Philippine Commissioner /h-nhy. The J-'oriim, /•'ehniary. /Sgg 12 GLIMPSES OF "CRIMINAL AGGRESSION." " This is a practical age. We are going to deal with the question on the basis of dollars and cents. Neither religion nor sentiment will have much influence in determining the verdict. The great question v/ill be, will it pay? " Senator Carter, tatc Chairman of the RepubUcau Xatioual Coininittee. " The Philippines are so valuaVjle in themselves that we should hold them. I have cruised more than two thousand miles through the archipelago every mornent a surpri.se at its lovliness and wealth. I have ridden hundreds of miles on the islands, every foot of the way a revelation of vegetable and mineral riches. No land in America surpasses in fertility the plains an'd valleys of Luzon. Rice and coffee, sugar and cocoanuts, hemp and tobacco, and many products of the temperate as well as the tropic zone grow in various sections of the archipelago. . . . Forty miles of Cebu's mountain chain are practically mountains of coal I have a nugget of pure gold picked up in its present form on the banks of a Philippine creek. I have gold dust washed out by crude processes of careless natives from the sands of a Philippine stream. Both indicate great deposits at the source from which they come. In one of the islands great deposits of copper exist untouched. The mineral wealth of this empire of the ocean will one day surprise the world. And the mineral wealth is but a small fraction of the agricultural wealth of these islands. And the markets they will them- selves afford will be inmiense. Spain's export and import trade with the islands undeveloped, was 111,534,731 annually. Our trade, with the islands developed, will be |;i25,ooo 000 annually, for who believes that we cannot do ten times as well as Spain ? .... Behold the exhaustless markets they command ! And yet American statesmen plan to sur- render this commercial throne of the Orient where Providence and our soldiers' lives have placed us." Senator Beveridi^e, Speeeh , p. 5. ^'Beyond t/ie Philippines lies China.''' Many Jingo Voiecs. " I must say a word about the jingoes. Now the jingoes are a sect who hold that everything is ours that we can lay our hands on ; and that other people have no rights which we need respect. Their philosophy of the Philippine question is exceedingly simple. It is this : Greed in their hearts, gold in the Philippines, and God in heaven to satisfy the appetite with its desired object. The inhabitants of the archipelago, of Avhom there are some S, 000, 000, never enter into their calculatioris, or if the}' do it is simply as material for exploitation or food for bullets. Eight million Filipinos with no legal or moral rights that we need to consider ! Eight million innnortal souls to be treated as mere chattels ! Yet this is the gospel of the jingoes. . The American people will in due time punish them for their infamv." Philippine Commissioner Schurman at Chicago, February 22, jgoo. "THE GRIM END." " The insurgents have been scattered and driven East to the mountains. Our troops are no^v in the mountains in pursuit. . . . There is now no concentrated insurgent force of importance in Luzon, North Manila. . Organized rebellion no longer exists, and our troops are actively pursuing robber bands. ' ' Cent. Otis to Secy. Root, December 12, iSgg. (.I,lMl\Si;S Ol' 'CRIMINAI, AOGRUSSKiN." M " Our truuhlc has liccii that we were osily hall-liearti-.l fti «nir work Clive and IIasliii}^s knew how to (hviile and roiKjuer. If we urkc, 1775. ^ " This is not the time and place to discuss this issue. lUit if the i)eople shall decide that no nation is good enough to rule ani>ther nation without that other's consent ; if thev shall remember what it cost us to cast out the heresiiy that the great principles <.f liberty did not apply to black men and shall refuse to reembrace it as to brown ones ; if they shall conclude that this countrv can not long exist part va-ssal and part free, as they found it could not part slave and part free.— then there will be no difiiculty in doing what we ou-rht to have done in thebetrinning : leave the l-ilii)inosto mmage their own affairs anf such people caring much for liberty? They may thank their lucky stars that they ha\c been committed to the tender care of such good masters. If their chance of liberty is slij.^ht, what they get will cost them nothing, not even a thought. It ought al.so to be worth something to tropical islanders to be but one remove from Mr. McKinley's " Providence of God." Mr. McKinley's Porto Rican dilemma was anticipated by those who refused to join hands with him in his war of "criminal aggression" in the Philippines. They foresaw the irrepressible conflict that is now on between those who love the principles of the American Constitution as it is and those who would fling those principles aside in pursuit of colonial empire. During all the years of a glorious century that Constitution has been the supreme law of a land composed of States and Territories in preparation for statehood. Under its sway representatives of the people have exercised none but delegated powers. Their government has been an ex- pression, not a source, of authority. It has expressed the co-operation through which they obtained for themselves the security of public order, the blessings of self-government. They did not create it a government of inherent powers. It was but the agent b\- means of which they sought to secure the blessings of liberty for themselves and their posterity. It neither exercised despotic authority over them or over others. It was not set up to rival royalty. It was not to become an oppressor, but to create a refuge for the oppressed. It was simply a "government of the people, by the people, for the people." Such are the ideals that some among us assume to be "outgrown." They have tired of the splendid preeminence of the greatest of republics. Like the people of Israel they would have theirs as other nations are. They are ambitious for it to become what they are pleased to call a " World 22 REPUBLIC OR EMPIRE. Power." To this end, they seek to restrict the authority of the Constitution to the States, and to have the President and Congress exercise powers derived under the Constitution as a basis of extra-constitutional action. In a word, they propose to have a republic at home and an empire abroad. This calls for a dual government at Washington, half representa- tive and half despotic in character. A government which is but an expression of the sovereignty of the people is to be- come one having both delegated and inherent povv^ers. The danger involved in these startling proposals is by no means imaginary. We are already face to face with an old question — one that we long supposed to be forever settled for Americans. Are the powers of government conferred by the people, or are they inherent in the king? It has been truly said that the essence of monarchy is not so much the presence of the king as the absence of the people from all the important transactions of government. Congress and the President are merely agents of the peo- ple. They act under the authority of the Constitution to carry out its expressed purposes. If it extends only to the terri- torial limits of the States, they are without power beyond such limits. To say that officials created by the people may exercise powers conferred upon them by the Constitution to do things without its purposes and beyond its control, is to say that a stream may rise higher than its source. To say that the President and Congress may use the forces and revenues of the United States to acquire territory which shall not be subject to the Constitution as the supreme law of the land, is to say that they may exercise powers acquired under the Constitution for extra-constitutional ends, that they may employ the public revenues, forces, and authority for other than public purposes. If only their action within the States is controlled by the Constitution, if they may act beyond the States at will and without restraint, then their will and not the Constitution is the supreme law. If the Constitution is Ri-:rrm,ic ou i;mi'ikiv 23 to remain the fuiulaniciital law of the land, ii can never nnder whatever pretense be admitted that officials holdin>,^ nnder it may act beyond the limits of its anthority. The people of the United States are soverei^Mi. Their government is bnt an agent exercisinji: delegated powers. Its several departments can exercise no powers which are not delegated. All powers not delegated are reserved by the people to themselves. A self-governing people cannot confer on its governmental agencies anthority to rule over others. The might of a people, no more than that of a king, is a warrant to reign. A representative government can act only for those represented. It cannot also rule others without ceasing to be merely representative. Abraham Lincoln in memorable words declared that " this government cannot endure permanently half slave and half free." Under his splendid leadership the union ceased to be divided. It is for us to decide whether it shall be again divided, whether it shall be half republic and half empire. Thus we see that the proposal to restrict the authority of the Constitution to the States, in order like certain others to have "crown colonies" and "subjects," involves a funda- mental change in our institutions. A government must have and execute powers. These must be derived from, and exercised subject to, the con.sent of the governed, or they must be self-assumed and exercised without restraint. They must proceed from the people to a governmental agency, or they must be inherent in the government itself. Heretofore our government has been solely charged with the execution of powers conferred by the governed. It has exercised none but delegated authority. It is now seriously proposed that within the States it shall continue in the exercise of this authority; and, in addition, that it shall assume and exercise despotic power over the territories and such colonial dependencies as it may choose to acquire. It is to represent democracy in the States and stand for absolutism in its dependencies. With one hand it will administer for a 24 RErUBUC OR EMPIRE. "superior race" the blessings of free government ; with the other it will bestow upou " lesser breeds without the law " such measures of good government as it deems them fit to enjoy. In its capacity as an agency of a free people, it Vv-ill conserve rights guaranteed to them by the Constitution ; as the vanguard of returning despotism, it will confer favors on "inferior races." The undisguised basis of this policy is inequality among men. Its purpose is to stay the hands of progress, to escape from the consequences of democracy. The parts of this dual government cannot remain dis- tinct. They will act and react upon each other. It may be conceded that our "assimilation " of subject peoples, so far as it goes, will be more or less " benevolent," that the " moral rights " of the natives of the islands, which Mr. Root admits to be limitations upon his proposed despotism, will be some- what observed ; and that the government bestowed from Washington upon them will not be wholly bad. On the other hand, it will not do to forget that the United States is to be the military base of the new despotism ; that we, the people, are to furnish the enormous revenues and powerful forces needed to acquire and maintain colonial dependencies ; and that, as it becomes more evident that arbitrary power is much less tedious in its operation than are the slow processes through which government by public opinion works out its results, the present ill-concealed impatience of constitutional restraints will grow until only the forms of representative government remain. Despotism and democracy cannot exist together. Reversion to despotism means the surrender of democracy. We already see, in the vast increase of unrestrained executive activity, the greatest danger to constitutional gov- ernment. Under ordinary conditions the power of the Presi- dent within its scope is well nigh absolute. Prof. Simeon E. Baldwin of Yale, has recently pointed out " that of the lead- ing powers of the world, two, only, in our time, represent the principle of political absolutism, and enforce it by one RKITHMC nii l-.MI'lki;. 25 man's hand. Tlicy arc Russia and the L'nited States." To the extent that we permit oik- man to exercise uncontrolled power we resort to the dictator. Mr. McKinley has gone to great lengths in introducing at Washington the methods of absolutism. He promptly relegated to the rear the issue upon which he was chosen, violated the pledges of his party platform as respects our foreign policy, committed the country to a revolutionary course, deliberately created a state of war in the Philippines, debauched the civil service to promote the adventure, and demanded of all citizens a suspension of judgment and unani- mous support while he sees fit to continue the fighting, or until further notice from him. The powers which he exer- cises to-day in Cuba, in Porto Rico, and in the Philippines are those of a military despot. A comparison of the Republican platform of 1896 with the entire action of the present administration will disclose how absolute are the powers which Mr. McKinley has assumed. The point here is that an imperial policy vastly increases the opportunity and even the necessity for the exercise of uncontrolled executive power. If we are to have "crown colonies" and "subjects," we must likewise have a despotic executive. Let us, however, not deceive ourselves. Liberty is not mocked. The Constitution still lives as the supreme law of the land. This is by no means its first trial. It survived the storm and stress of the slavery conflict, in the words of James Bryce coming " out of the furnace of civil war with scarce the smell of fire upon it." Those, who mysteriously intimate that " some way will be found to get around the Constitution " in pursuit of empire, have yet to reckon with the Supreme Court of the United States. That great tri- bunal is by no means likely to abdicate its functions. It may be relied upon to make short work of the cxtraordinar}' 26 REPUBLIC OR EMPIRE. proposition that its jurisdiction extends only to the forty-five States, leaving Congress and the President free to act at will beyond their limits. The Supreme Court has again and again exercised juris- diction over the territory of the United States lying outside the States. Chief Justice Marshall himself has defined the , term " United States " as " the name given to our great republic, which is composed of states and territories." The court has held that "the provisions of the Constitution relating to trials by jury for crimes and to criminal processes apply to the territories of the United States " {Thompson vs. Utah, 170 U. S., 343, 346; Callan vs. Wilson, 127 U. S., 540) ; that Congress, in legislating for the territories and the District of Columbia, is subject to those fundamental limita- tions in favor of personal and civil rights, which are formu- lated in the Constitution and its amendments {Mormo7t Church vs. United States, 136 U. S., i ; Mca lister vs. United States, 141 U. S., 174; American Publishing Society vs. Fisher, 166 U. S., 464, 466); that only "their [the people's] political rights are franchises which they hold within the legislative discretion of Congress " {Murphy vs. Ramsey, 114 U. S., 15) ; that American-born Chinamen of alien parentage are citizens because of the fourteenth amendment, and free from the exclusion acts and treaties ( United States vs. Wong Kim Ark, 169, U. S, 649); that all citizens of the United States have "the right to come to the seat of government," to have " free access to its seaports," and to pass freely from one part of the country to every other part {Crandall vs. Nevada, 6 Wall., 35) ; that " by the ratification of the treaty " of cession from Mexico, " California became a part of the United States "; that by virtue of the constitutional require- ment of uniformity of duties, imports, and excises, imports of foreign goods into it were required to pay "the same duties as were chargeable in the other ports of the United States " {Cross vs. Harrison, 16 How., 198); and that the United RKrUHIJC OK IvMlMKi:. 27 States, upon "ac(iturin<; territory, l)y treaty or otherwise, must liold it subject to the Const iliilioii and hiws " {l\>llnni :s. llogan^ 3 How., 312). We may, therefore, conehule that all the islands aecjnired by the United vStates and made jK-rmancntly part of its ter- ritory will be sul)ject to its Constitution and ji^eneral laws ; that their inhabitants, at least those hereafter born, will be citizens of the United States and of the several States in which they choose to reside, and as such privileged to come and go at will throughout the entire country ; that their government by Congress will be subject to the fundamental limitations in' favor of personal and civil rights, which are formulated in the Constitution ; that the tariff w^all which we have so long maintained about the United States must be extended to embrace them, giving to them absolute free trade with us ; and that, as the Constitution is not based on inequality among men, they cannot be held as colonies and their people treated as subjects. The final question is whether the Constitution ought to provide for colonial dependencies. If, so, it should be amended to this end. All our constitutional amendments have had for their object the better protection of the rights of the citizen. Kach new amendment has directly or indirectly added new guarantees for the security of personal rights. Not one has tended to promote absolutism. Shall the movement, begun by the adoption of the Constitution and continued in unbroken progress by its amendments, now be reversed ? Is it not rather late for us to discover that govern- ment derives its just powers from iy^wf of the governed ? vShall we, at this late day, concede to Congress discretionary power to make the Constitution and laws of the United States general or special? Shall we subject the personal rights and immunities of citizens to the discretion of Congress? Are we prepared to let Congress say in what parts of the Ignited States speech shall be free? Shall Congress determine to 28 REPUBLIC OR EMPIRE. what extent imports, duties, and excises shall be uniform ? Are we ready to surrender, or even impair in any particular, the bill of rights? Above and beyond all, shall we now by evasion, construction, or amendment, deliberately embody in our fundamental law the principle of inequality among men? If so, we are false to our heritage, unworthy of our birthright, and deserve to be ourselves enslaved. What we cannot do by way of amendment of our fundamental law we must not permit to be accomplished by its evasion. It is strongly urged upon us that " right or wrong this thing is going to succeed," and that we should join with those who would make the best of the retention of the Spanish islands. It is especially objected • that our opposition is vexatious and even treasonable. We decline this invitation and here give notice of our purpose to maintain free speech in America, even in the presence of an imperial executive who demands exemption from public criticism. We regard what has happened in the Philippines as wholesale murder and larceny ; we have had no part in it; and we refuse to become accomplices after the fact. We have come to the city of the Declaration of Independence to drink deep at this fountain of human liberty. We here renew our faith in self-government and pledge ourselves to do all that in us lies for its preservation. We still cherish the principles for which Washington fought and Lincoln died. We hold that taxation without representation is still tyranny. We declare relentless war on " the miners and sappers of returning despotism." We will neither compromise nor surrender. " Our reliance is in the love of liberty which God has planted in us. Our defense is in the spirit which prizes liberty as the heritage of all men in all lands everywhere." {Lincoln.) Additional copies of this tract may be had upon applica- tion to W.J. MIZE, Secretary of the American Anti-Imperialist League, 5J7 First National Bank Building, Chicago. It is requested that applications be accompanied by postage. Addresses of persons to whom this tract should be sent are solicited. All persons in sympathy with the object of the League arc requested to record their names with the Secretary. Tliis does not imply any pecuniary obligation. Funds are desired, however, for carrying on the work, and the League will be glad to receive subscriptions of any amount, large or small. Remittances should be made payable to Frederick W.Gookin, Treasurer, 217 La Salle Street, Chicago. PLATF ORH Of- TMf: AMERICAN ANTI-IMI»nRIALI5T LIHAOUE. We hold that the policy kno\\nu> imperialism it hostile to liberty anJ tend* toward militarism, an e> il (rom wlilcli it liiis heeii our iflory to be free. We rci^ret that It ha* become necessary in the land of W ashint^ton and Lincoln to reaffirm that all men, uf whatever race or color, are entitled to life, liberty and the piir>uii of happineto. We maintain that governments derl\e Ihiir just powers from the content of the Ko\erncJ. V\'e insist thai tlie subjugation of an> people Is "criminal a|{»(ression " and open disloxalty to the distinctive principles of our ({on ernment. We earnestly condemn the policy of the present national administration in the Philippines. It seeks to extinj^uish the spirit of 177ft in those islands. We deplore the sacrifice of our soldiers and sailors, whose bravery deserves admiration even in an unjust war. We denounce the slau^bter panish methods. We demand the immediate cessation of the war a(,cainst liberty, betcun by Spain and continued by us. We urire that Conjfress be promptly convened to announce i-. •he Filipinos our purpose to concede to them the independence for which they have so lonif fought and w hich of ri^ht is theirs. Thj Lnited States have always protested a);ainst the doctrine of international law which permits the subjui^atiim of the weak by the strong. A self-novernini: state cannot accept sovereignty over an unwilling; people. The I nited States cannn until the declaration of independence and the constitution of the I nited States are rescued from.the hands of their betrayers. Those who dispute about standards of value w 'ule the founduiion of the republic is undermined w ill be listened to as little as those w ho would vvranjfle about the small economies of the household while the house is on fire. Ihe training; of a (treat people for a century, the aspiration for liberty of a vast immigration are forces that will hurl aside those who in the delirium of conquest seek to destroy the character of our institutions. We deny that the obligation of all citizens to support their jtovernment in times of ffrave ~nrercnce, Oct. i*n 1^99-] American Anti-Imperialist League Office of the Executive Committee 164 Dearborn Street, Room 517 CHICAGO ' Georgk S. Boutwell, President. William J. Mize, Secretarj'. Frederick W. Cookin, Treasurer. vice-presidents Andrew Carnegie. Donelson Caffery. Richard T. Crane. C.a.rl Schurz. J. Sterling Morton. Rufus B. Smith. John J. Valentine. FINANCE COMMITTEE Daniel M. I