eaty of Paris, by which Spain
ceded sovereignty in Porto Rico to the United States, had been
ratified by the Senate. The Judge went on, however, to argue that
Ortiz could not have been lawfully tried before the Military
Commission after the ratification of the treaty, because the
island of Porto Rico thereby became an integral part of the
United States, subject to the Constitution and privileged and
bound by its provisions. As this point was not involved in the
case he was deciding, this is, of course, merely a dictum--the
expression of opinion on an outside matter by a Democratic judge
who was recently transferred by Mr. Cleveland from a Washington
bureau to the bench. It clearly shows, however, what would be his
decision whenever the case might come before him. His argument
followed closely the lines taken by Mr. Calhoun in the Senate and
Mr. Chief Justice Taney in the Dred Scott decision.

On these points I make bold to repeat what I felt warranted in saying a
fortnight ago within sight of Bunker Hill--that there is every evidence
that the American people have distinctly and definitely made up their
minds. They have not been persuaded and they cannot be persuaded that
this is an inferior government, incapable of any duty Providence may
send its way--duties which other nations could discharge, but we
cannot. So I venture to affirm the impossibility that any party in
power, whether the present one or its opponent, could soon, if ever,
abandon one foot of the territory gained in the late war.

We are gathered on another old Spanish territory taken by our country
in war. It shows what Americans do with such acquisitions. Before you
expect to see Porto Rico given back to Spain or the Philippines
abandoned to Aguinaldo, wait till we are ready to declare, as Daniel
Webster did in the Senate, that this California of your pride and glory
is "not worth a dollar," and throw back the worthless thing on the
hands of unoffending Mexico. Till then, let us as practical and
sensible men recognize that what is past is settled.

[Sidenote: Duty First; but then Interest also.]

Thus far have we come in these strange courses and to these unexpected
and unwelcome tasks by following, at each succeeding emergency, the
path of clear, absolute, and unavoidable duty. The only point in the
whole national line of conduct, from the spring of 1898 on to this
Ma