atehood; and, consequently, the required population being already
present, new States must be created out of Luzon, Mindanao, the
Visayas, Porto Rico, and the Sandwich Islands. The right to hold them
permanently in the territorial form, or even under a protectorate, is
indignantly denied as conflicting with Mr. Jefferson's phrase in the
Declaration of Independence, to the effect that governments derive
their just powers from the consent of the governed. Some great names
can certainly be marshaled in support of such views--Chancellor Kent,
Mr. John C. Calhoun, Mr. Chief Justice Taney, and others. Denial of
this duty to admit the new possessions as States is denounced as a
violation by the Republic of the very law of its being, and its
transformation into an empire; as a revival of slavery in another form,
both because of government without representation, and because of the
belief that no tropical colony can be successful without contract
labor; as a consequent and inevitable degradation of American
character; as a defiance of the warnings in Washington's Farewell
Address against foreign entanglements; as a repudiation of the
congressional declaration at the outbreak of the war, that it was not
waged for territorial aggrandizement; and finally as placing Aguinaldo
in the position of fighting for freedom, independence, and the
principles of the fathers of the Republic, while the Republic itself is
in the position of fighting to control and govern him and his people in
spite of their will.
On the other hand, the supporters of the treaty and of the policy of
the Administration, so far as it has been disclosed, begin their
argument with another provision of the Constitution, the second part of
Section 3 in Article IV:
The Congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States.
They claim that, under this, Congress has absolute power to do what it
will with the Philippines, as with any other territory or other
property which the United States may acquire. It is admitted that
Congress is, of course, under an implied obligation to exercise this
power in the general spirit of the Constitution which creates it, and
of the Government of which it is a part. But it is denied that Congress
is under any obligation to confer a republican form of government upon
a territory whose inhabitants are unfit for it, or to ado
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