E 713 .C53 Copy 1 7\^ ^y. ^^^ y^^u^L^^^z^^L^ //^^^^-^'^ 9, Acquisition of icriitory— Wc should t;il(c no Partnership in liic Social and I'olitical Troubles of the Old World. SPEECH :> «5f ^ HON. HORACE CHILTON, \ ' y\' ■\ OF TEXAS, SHNATK OF THE UNITED STATES, SATURDAY, FEBRUARY 4, 1899. W-A. SHINOTON. 1899. mil ,C53 Con::. 'd Off.' SPEECH ov HON. H E A E C 1 1 1 L T X . On the .Joint resolution (S. R. 211) declaring that the United States disclaim any intention to exercise vjcrmanent sovereignty over the Philippine Islands, and assert their deferniiuation, when a stable and independent government shall have been erected therein, to leave the government of the islands to their own people- Mr. CHILTON said: Mr. Prksi dent : The pending treaty of peace between the United States and Spain, which has been made pnblic by order of the Senate, contains three main articles. By Article I Spain relin- qnishes all claim of title to Cuba. By Article II Spain cedes to the United States the island of Puerto Rico and other islands under Spanish sovereignty in the West Indies and the island of Guam in the Ladrones. By Article III Spain makes cession of the archi- pelago known as the Philippine Islands and the United States agree to pay Spain $','0. 000,000. There are other dependent articles, the most important of which is, probably. Article VII, by which the two Governments relinquish all claim for indemnity on the part of either Government or its citizens against the other Government arising out of the troubles in Cuba, and in which the United States agree to settle such claims on the part of our citizens against Spain. This may develop into an obligation of many millions against our Government. The amount has not been estimated with any approximate accuracy. Mr. President, the first two articles of the treaty present nij dilficulties. We are satisfied with a relinquishment of Cuba to its own people. Few Senators object to taking a cession of Puerto Rico, which lies in the Western Hemisphere. The island of Guam, in the Ladrones, is not more than two or three times as large as the District of Columbia, and contains a population of only four or five thousand. It is a convenient size for a coaling and naval station, and we would have no perplexities of govern- ment for future settlement. The article relating to the Philippines is the one upon which our difterences of opinion turn. Mr. President, I am not an anti-expansionist. I believe that it is the duty and the interest of this country to widen its boundaries as time goes on. But 1 would not do this indiscriminately. In case of doubt, I would adhere closely to the policy of the fore- fathers. In my judgment the taking of the Philippines will bring peril both to the interests and the institutions of the American people. It is not an acquisition which will add to the comfort and glory of the Republic, like that of Louisiana, or Florida, or Texas, or New Mexico and California. 4165 3 6 the territory of the United States. That has been the common construction of our Constitution for the last one hundred years. But suppose that danger could be safeguarded by legislation. Where under our Constitution would you find the" authority to keep the productions of the Filipinos, manufactured in their own homes, from coming unimpeded to the ports of the United States? In Loughborough vs. Blake (5 Wheat., 317), Chief Justice Mar- shall, speaking for the court, said: The eighth section of the first article [of the Constitution] gives to Consrresa the "i^ower to lay and collect taxes, duties, imposts and excises," for the purpo-es thereinafter mentioned. This grant is general, without limitation as to place. It consequently extends to all places over which the Government extends. That is strong enough. The power, then, to lay and collect duties, imposts, and excises may be exorcised and must be exercised throughout the United States. Does this term designate the whole or any particular portion of the American empire? He then goes on to answer the question: It [the United States] is the name given to oiir great Republic, which is composed of States and Territories. The District of Columbia or the terri- tory west of the Missouri is not less within the United States than Maryland or Pennsylvania: and it is not less necessary, on the principles of our Consti- tution, that uniformity in the imposition of imposts, duties, and excises should be observed in the one than in the other. The idea was advanced here a few days ago that Congress pos- sessed a higher power over unorganized territory than that which it had over organized Territories; but when this decision was ren- dered the greater part of the territory west of the Missouri River, to which Chief Justice Marshall referred, was unorganized terri- tory. This language applies to all the territory, as he says, which belongs to the United States. The same principle is practically outlined in the case of Cross vs. Harrison (16 Howard). From a consideration of these opin- ions and the nature of our Government and institutions, it would seem clear that whenever any territory is brought within this American "empire," so called, it becomes subject to the same constitutional principles which limit Congress in regard to that which we now possess. I can not believe that it will be within the power of Congress to prescribe a rate of duty on foreign goods brought into the Philip- pine Islands differing from the duty on same goods when brought into Texas, Maine, or California, nor can national legislation fix a tariff on importations which pass from the Philippine Islands to other parts of this country higher than the tax on importations which pass from the Territory of Arizona or the District of Columbia into any existing State or Territory. Mr. President, the laboring people of this country have caught the alarm. They understand the nature of this gi-ave and radical departure. Mr. FORAKER. Will the Senator from Texas allow me to interrupt him and ask him a question? Mr. CHILTON. Certainly. Mr. FORAKER. Do I understand the Senator to contend that the constitutional provision requiring uniformity in the levying of impost duties woiild apply to importations from the Philippines into other States and Territories of the United States? Mr. CHILTON. Undoubtedly, reasoning from the decisions of the Supreme Court. 4165 Mr. FORAKER. I call the Senator s attention to the fact that the term " duties upon imports and exports.'" as used in the Con- stitution of the United states, has been hold by the Supremi; Court to apply only to imports and exports from and to foreign countries, and not to imports and exports from one State to another or from one Territory to another of tlie United States. Therefore that rule of the Constitution would have no application at all to exports into thiscountry fromthoPhilippinelslandsif they should be made a part of the United States, and no application \vhatever to transactions between the United States and the Pliilippine Islands; audit would bo competent for any State of the Union, if it saw fit to do so, to protect itself in any way it might see fit by the levying of import duties upon importations from the Philip- pine Islands. If the Senator will allow me, I will call his attention to a case reported in 8 Wallace. The Senator may have overlooked it. It is the case of Woodiuft' vs. Parham, where it was held by the Supreme Court, reading only from the syllabus: Tho term "import," as used in that clause of the Constitution wliieli says that "no State shall levy any imposts or duties ou imports or exports," does not refer to articles imported from one State into another, but only to arti- cles imported from foreign countries into the U'nited States. And the court, in this opinion, went on to say that wherever the term '-imports or exports" is used in the Constitution relation is had to foreign importations and exportations and not to transac- tionsbetween theStates or Territories of the United States. There- fore, imports from the Philippines that would be prejudicial to labor would not be beyond the reach of Congress to regulate. Mr. CHILTON. I differ with the Senator in regard to that proposition. Mr. FORAKER. I am only stating what the Supreme Court has held. Mr. CHILTON. I can not concede that the case referred to de- cided the question here involved. It arose under the clause of the Constitution limiting the levying of duties by States. Even in that aspect it has been superseded by later decisions holding that taxes by one State on importations from another are void because they constitute a regulation of interstate commerce. We are now speaking of the powers of Congress. Is it within the power of the Congress of the United States to declare that goods which come from Arizona to the District of Columbia shall pay a certain rate of duty or a certain rate of tax— I do not care what you call it— and that goods which come from Texas to the District of Columbia shall pay another rate? Certainly not. I will quote part of section 8, Article I, of the Constitution: * * * but all duties, imposts, and excises shall be uniform throughout the United States. Now, if a tax should be laid on goods brought from Manila to San Francisco or New York, even 'if not a duty or impost, it would fall within the definition of the word " excise,"' and would be invalid if higher than like excises on goods from other ports of our country to New York or San Francisco. But I was about to show the views of our labor organizatitins in regard to this question. I received lately a protest from one of these bodies, which I will read in part: The undersigned delegates desire to present briefly the reasons whvthe Cigar Makers' International Union of America, an organization coraposl-d of il65 8 31,500 members, located in 357 cities and towns, is opposed to the annexation of the Philippine Islands by the United States. I. Because the bulk of the cigars manufactured in the Philippine Islands are sold at a price of ,*5 to $10 per thousand in United States currency. This statement is verified by Edward W. Harden, special commissioner, in his report on the financial and industrial conditions of said country (page 23). II. Because the exportation of cigars m 1896 from Manila amounted to 191,130,OW), which, within a few years, under American energy and direction, would increase to the extent of endangering our home industry. III. Because the cheap labor of the islands, subsisting mostly on rice and vegetables, would enable a few manufacturers to flood the United States with tliis product, thus tending to paralyze our home market. IV. Because the development of the industry in the archipelago would throw thousands of Americans employed at making cigars out of work and reduce the standard of wages to the Asiatic level, which averages from 15 cents to 25 cents per day. V. Because all barriers that now limit competition between these produc- ing forces would be swept aside, and new conditions created most disastrous to the moral, social, and material welfare of the American working people. VI. Because the annexation of the Philippine Islands will not change the Asiatic habits and customs of the laboring population, but will, in course of time, reduce the American standard of living to a level bordering on pau- perism. VII. Because the welfare of 150,000 employees and small manufacturers and their families, depending upon this industry for a living in the United States, is of vastly more importance to the nation than the increase of com- merce expected by a few commercial centers. VIII. Because it would nullify, in substance, the Chinese exclusion act, the alien contract labor law, and immigration laws, for which organized labor has contended for the last twenty-flve years. Mr. PLA.TT of Connecticut. Mr. President, I do not want to interrupt the Senator or delay him, but I do wish just at this point to say that after a very careful study of the situation I am firmly of the belief that none of the natives can come from the Philippine Islands into the United States unless Congress gives permission, nor can any free goods come from there into the United States unless Congress provides for it. Mr. CHILTON, Mr. President, the Senator from Connecticut can not speak for the Supreme Court of the United States. The laboring people of this country will hardly have a sufficient guar- anty in his emphatic contention on this subject. So long as the Philippine people are held in allegiance to the Government of the United States you can not deny them the rights which belong to other persons who owe allegiance to our Government. Congress has no power to make discriminations between the people who owe a common obligation to a common Federal sovereignty. This Government was founded upon the proposition that all who served the Republic should have equality of right. And why are we asked to take up these puzzles? Why are we asked to run the risk of admitting large numbers of Chinese and crossbreeds of Chinese and INIestizos into this Republic, to say nothing of the vast Malay millions which stand behind them? In the Philippine Islands to-day are more than 500,000 Chinese and descendants of Chinese. Tliey mainly inhabit the city of Manila and other towns. Those people are laborers, merchants, and traders, and when we open the doors by the annexation of these islands we will bring into competition with our home people more alien pauper laborers than would come here in a hundred years under the or- dinary operation of our immigration laws. And for what? For islands which, in my judgment, have been vastly exaggerated in fertility and value. The sensational journals of this country have saturated the public mind with the idea that if we give up the 41C5 9 Philippine Islands we will -ive up a miue of wealth and an oppor- tunity never to return aj^ain. ^auuppor My Investigations do not confirm these highly colored estimates ^t.'^.T^Tr °^ *>^ Philippines would no doubt fmprove^nle; mnalSlvif"'^"''^'^-^"^^^'''"* ^* ^^'^ it would make hut I small ft.^'ure in our national resources. The imports and exports exports of the Philippines are in a year ^vnif"f "!f^-'^';^f^''^ themselves by daydreams about securing a g eat trade m China and Japan from the standpoint of the Philip pines. But I have seen town-lot booms before. I have seen sober men^ntoxicate themselves with visions of railroads whose char^ ters alone tel the story of their existence and of great cities whffh the census taker never found. A widening commerce with those far-off lands should ever be an wnl'^f ''fi'^'J" '^^'^: ^^^ S'^^'-'*^* P^">^ in old Democratic da3s was the first man to unlock the doors of Japan to American trade! iJut to propel that commerce it is not necessary to assume the responsibility of governmental administration. wh->>f ™°f* ^''''^ this Government surrender all the advantages T\ h.ch come from our glorious Eastern victory. I would ask one or more coaling and navai stations in the Philipniues so ih^t &fr'^' 7' had unwilling trouble upon tKa we m ght have a base of operations in that quarter of the world iiut 1 would rather have a treaty which gave free entry to Ameri- can productions-yes, ten thousand times rather have it-than a SimlonTof ?^e pTlip^p^^^^ °^ *^^ '"-^''•'-' -^ --^ m/- ?.^1^^^^^Y. Will the Senator permit me? nJp«H^^^^?^?^ OFFICER (Mr. Gallixger in the chair). ""Mr.^CmLTON'^TersI^ '''''' '' *'^ """^^^ ^^^^ ^^^^^^^ ^^" ^"^rf r^^^^"- ^^ ^'^® contention of the Senator from Con- necticut [Mr. Platt] be correct, and the Philippines coS absS- 1 tely under the sovereignty of Congress, and 'are not citizens of thiy any'rilhS"'' '^ ^'"''^ °^ ^"^"^'"^ '^^*"' ^^^^ ^^'^^ slJe giJ'e'h^itnL'the'tSf"'- ^"^' "^"* ^°°^^^^ ^^^^^ *^ hJ^r'^;^''^^^^^?: AJ^^^I^- *^^"' ^s^' t^e Senator whether, if that be true m regard to the Philippines, it is not true with re-ard to UnitTd'sS' °^ ^'^ ^"^'"^ "'^"^ °*^^^ Territory^f the 4.1 ""^o" P^-^TT of Connecticut. I do not w.\^h to interfere witli the Senator from Texas [Mr. Chiltox]. but I will say with reSrd to the inhabitants of the Territories of New Mexi( o and Arizoia rni^erTqM^fr^^'',?^^*l^'!i^^'"^« ^^'' Constitution and laws of the Mr Cmr Tn^P^'A?^^?>*^'''f- A¥* °^^^^'^« ^^^^ distinction. PnrAf;,^? P^' v'^^'\^''^''^^'^"*' ^ 1^'^^^ looked "ito that question fi^Iw IF^- ^,«c?r*^in^ to tliat theory, all wo have to do to with- draw the protectwn of the Constitution from the ptoi)le -f Arizona and New Mexico i.s to repeal that statute; and I do not believe fo? Te?iSorie?of f h «* '" ^T°T^ "^^'^^ ^^ *^^ I^^^"'P'« ^^-^'O inhabit the lerutories of this country depend upon any such slender lounda- JJr ?^TH^S?i> 013 744 632 7 Hollinger Corp. pH8.5