|
|
|
Few
delegations had as differing a duo of senators
as Massachusetts, which paired the expansionist
Henry Cabot Lodge with Senator George Hoar. The
speech below deals with the annexation of the
Philippines (an outgrowth of the war in Cuba).
But the principles outlined by Hoar were
broader. |
GEORGE HOAR : The
Lust for Empire
[Hoar begins with a lengthy
discussion of whether imperialism was constitutional.
Move on to his consideration of the ideological
rationale behind the policy.] It is not my purpose . . .
to discuss the general considerations which affect any
acquisition of sovereignty by the American people over the
Philippine Islands, which has been or may be proposed. I am
speaking today only of the theory of constitutional
interpretation propounded by the senator from Connecticut.
If at any time hereafter the senator shall seek to put his
theories into practice by reducing to subjection a distant
people, dwelling in the tropics, aliens in blood, most of
them Moslem in faith, incapable to speak or comprehend our
language, or to read or to write any language, to whom the
traditions and the doctrines of civil liberty are unknown,
it will be time to point out what terrible results and
penalties this departure from our constitutional principles
will bring upon us. . . .
The question is this: Have we the
right, as doubtless we have the physical power, to enter
upon the government of ten or twelve million subject people
without constitutional restraint? Of that question the
senator from Connecticut takes the affirmative. And upon
that question I desire to join issue.
Mr. President, I am no strict
constructionist. I am no alarmist. I believe this country to
be a nation, a sovereign nation. I believe Congress to
possess all the powers which are necessary to accomplish
under the most generous and liberal construction the great
objects which the men who framed the Constitution and the
people who adopted it desired to accomplish by its
instrumentality. I was bred, I might almost say I was born,
in the faith which I inherited from the men whose blood is
in my veins, of the party of Hamilton and Washington and
Webster and Sumner, and not in that of Madison or Calhoun or
the strict constructionists. . . .
I affirm that every constitutional
power, whether it be called a power of sovereignty or of
nationality - neither of which phrases is found in terms in
the Constitution - or whether it be a power expressly
declared and named therein, is limited to the one supreme
and controlling purpose declared as that for which the
Constitution itself was framed: "In order to form a more
perfect union, establish justice, insure domestic
tranquillity, provide for the common defense, promote the
general welfare, and secure the blessings of liberty to
ourselves and our posterity."
Now, the liberal constructionists
claim that everything which is done to accomplish either of
these purposes, unless expressly prohibited, may be
constitutionally done by the lawmaking power. And in that I
agree with them. The strict constructionist claims, and has
claimed from the time of Madison, that these objects can
only be accomplished after ways and fashions expressly
described in the Constitution or necessarily implied
therein. And in that I disagree with him.
But when the senator from Connecticut
undertakes to declare that we may do such things not for the
perfect union, the common defense, the general welfare of
the people of the United States, or the securing of liberty
to ourselves and our children, but for any fancied or real
obligation to take care of distant peoples beyond our
boundaries, not people of the United States, then I deny his
proposition and tell him he can find nothing either in the
text of the Constitution or the exposition of the fathers,
or the judgments of courts from that day to this, to warrant
or support his doctrine.
Further, the 1st Article of the
Constitution declares: "All legislative powers herein
granted shall be vested in a Congress of the United States."
What becomes, in the light of that language, of the
senator's repeated assertion that powers not denied may be
so exercised? Is not legislative power a power of
sovereignty? Therefore, according to the senator's logic,
every power of legislation that any foreign government -
legislative, constitutional, limited, or despotic - may
exercise may be exercised by us. We have heard of limited
monarchies, constitutional monarchies, despotisms tempered
by assassination; but the logic of the senator from
Connecticut makes a pure, unlimited, untempered despotism
without any relief from assassins. . . .
But the question with which we now
have to deal is whether Congress may conquer and may govern,
without their consent and against their will, a foreign
nation, a separate, distinct, and numerous people, a
territory not hereafter to be populated by Americans, to be
formed into American states and to take its part in
fulfilling and executing the purposes for which the
Constitution was framed, whether it may conquer, control,
and govern this people, not for the general welfare, common
defense, more perfect union, more blessed liberty of the
people of the United States, but for some real or fancied
benefit to be conferred against their desire upon the people
so governed or in discharge of some fancied obligation to
them, and not to the people of the United States.
Now, Mr. President, the question is
whether the men who framed the Constitution, or the people
who adopted it, meant to confer that power among the limited
and restrained powers of the sovereign nation that they were
creating. Upon that question I take issue with my honorable
friend from Connecticut.
I declare not only that this is not
among the express powers conferred upon the sovereignty they
created, that it is not among the powers necessarily or
reasonably or conveniently implied for the sake of carrying
into effect the purposes of that instrument, but that it is
a power which it can be demonstrated by the whole
contemporaneous history and by our whole history since until
within six months they did not mean should exist - a power
that our fathers and their descendants have ever loathed and
abhorred - and that they believed that no sovereign on earth
could rightfully exercise it and that no people on earth
could rightfully confer it. They not only did not mean to
confer it but they would have cut off their right hands,
every one of them, sooner than set them to an instrument
which should confer it. . . .
Mr. President, the persons who favor the ratification of
this treaty without conditions and without amendment differ
among themselves certainly in their views, purposes, and
opinions, and as they are so many of them honest and
well-meaning persons, we have the right to say in their
actual and real opinions. In general, the state of mind and
the utterance of the lips are in accord. If you ask them
what they want, you are answered with a shout: "Three cheers
for the flag! Who will dare to haul it down? Hold onto
everything you can get. The United States is strong enough
to do what it likes. The Declaration of Independence and the
counsel of Washington and the Constitution of the United
States have grown rusty and musty. They are for little
countries and not for great ones. There is no moral law for
strong nations. America has outgrown Americanism."
Mr. President, when I hear from some
of our friends this new doctrine of constitutional,
interpretation, when I hear attributed to men in high
places, counselors of the President himself, that we have
outgrown the principles and the interpretation which were
sufficient for our thirteen states and our 3 million people
in the time of their weakness, and by which they have grown
to 75 million and forty-five states, in this hour of our
strength it seems to me these counselors would have this
nation of ours like some prosperous thriving youth who
reverses suddenly all the maxims and rules of living in
which he has been educated and says to himself, "I am too
big for the Golden Rule. I have outgrown the Ten
Commandments. I no longer need the straight waistcoat of the
moral law. Like Jeshuron I will wax fat and kick." . . .
In general, the friends of what is
called imperialism or expansion content themselves with
declaring that the flag which is taken down every night and
put up again every morning over the roof of this Senate
chamber, where it is in its rightful place, must never be
taken down where it has once floated, whether that be its
rightful place or not - a doctrine which . . . is not only
without justification in international law, but, if it were
implanted there, would make of every war between civilized
and powerful nations a war of extermination or a war of
dishonor to one party or the other.
If you cannot take down a national
flag where it has once floated in time of war, we were
disgraced when we took our flag down in Mexico and in Vera
Cruz, or after the invasion of Canada; England was
dishonored when she took her flag down after she captured
this capital; and every nation is henceforth pledged to the
doctrine that wherever it puts its military foot or its
naval power with the flag over it, that must be a war to the
death and to extermination or the honor of the state is
disgraced by the flag of that nation being withdrawn.
[Hoar then continues his discussion
of the constitutionality of imperialism.
Move on to his broader ideological point.] I have
made a careful analysis of the constitutional argument of
the senator from Connecticut. I think I can do it justice. I
have not followed the precise order of his statements. But I
have put them in logical order. He says:
First, that the United States is a
nation, a sovereign.
Second, that as a nation it possesses
every sovereign power not reserved in the Constitution to
the states or the people.
Third, that the right to acquire
territory was not reserved, and is therefore an inherent
sovereign right.
Fourth, that it is a right upon which
there is no limitation and that in regard to which there is
no qualification.
Fifth, that in the right to acquire
territory is found the right to govern it.
Sixth, that this right to govern it is
also a sovereign right. . . .
Seventh, that it is a right without
constitutional limit. . . .
This power to dispose of the territory
or other property belonging to the United States and to make
all needful rules and regulations respecting it, and the
power implied from that provision, to acquire and hold
territory or other property, like other constitutional
powers, is a power to be exercised only for constitutional
purposes. It is like the power to acquire and dispose of
ships, or cannon, or public buildings, or a drove of pack
mules, or a library, to be exercised in accomplishment of
the purposes of the Constitution and not to be exercised
where it is not reasonably necessary or convenient for the
accomplishment of those purposes.
We have no more right to acquire land
or hold it, or to dispose of it for an unconstitutional
purpose, than we have a right to fit out a fleet or to buy a
park of artillery for an unconstitutional purpose. Among the
constitutional purposes for which Congress may acquire and
hold territory and other property are the building of forts,
and the establishment of post offices and subtreasuries and
custom houses. In all these cases it is accomplishing a
clearly constitutional purpose.
One of the constitutional purposes is
the enlargement of the country by the admission of new
states, and therefore Congress may lawfully acquire, hold,
and dispose of territory with reference to the
accomplishment of that great constitutional purpose, among
others. It may also acquire adjoining or outlying territory,
dispose of it, make rules and regulations for it for the
purposes of national security and defense, although it may
not be expected that the territory so acquired, held, and
disposed of shall ever come into the Union as a state. That
is, as many people think, the case of Hawaii.
Now, the disposing of and the making
rules and regulations for territory acquired for either of
these purposes necessarily involves the making laws for the
government of the inhabitants - forever, if the territory is
not to come in as a state, or during the growing and
transition period if and until it shall come in as a state.
But, Mr. President, it is to be
observed, and it should not be forgotten, that all this is a
constitutional provision which looks chiefly at the land and
territory as mere property. And it applies, so far as its
terms and its general spirit and purpose are concerned,
equally to public lands within a state as to those which are
without it. And there is no other provision in the
Constitution for making rules and regulations for the
territory of the United States or its other property, in the
case where the public lands are in Alabama or Florida or
Iowa, than where they are in Alaska or Arizona or wherever
the public lands are outside any state jurisdiction.
The framers of the Constitution were
not thinking mainly and chiefly, when they enacted that
clause, of lawmaking, of the government of men, of the
rights of citizenship. They were thinking of public
property; and although the lawmaking, the rights of men,
citizenship have to be recognized from the necessity of the
case where the public property is a large tract of land fit
for human settlement, yet the language they used and the
thought in their minds treated the element of property as
the principal, and the element of citizenship as something
only temporary and passing, only to last until the property,
territory, and inhabitants can be given over to freedom
under the jurisdiction of a state, to be admitted as an
equal member of our political partnership.
And two things about this clause are
quite significant. One is that it is not contained in the
article which gives Congress general legislative powers, but
is sandwiched in between the section providing for the
admission of new states and the section providing for
guaranteeing to every state a republican form of government,
showing that they were not thinking of conferring a general
legislative power over the inhabitants and were only
thinking, so far as the inhabitants of a territory were
concerned, of the transition or expectant period while they
were awaiting admission to statehood. And, Mr. President,
you are not now proposing to acquire or own property in the
Philippines with dominion as a necessary incident; you are
not thinking of the ownership of land there. You propose,
now, to acquire dominion and legislative power and nothing
else. Where in the Constitution is the grant of power to
exercise sovereignty where you have no property? . . .
My
proposition, summed up in a nutshell, is this: I admit
you have the right to acquire territory for constitutional
purposes, and you may hold land and govern men on it for the
constitutional purpose of a seat of government or for the
constitutional purpose of admitting it as a state. I deny
the right to hold land or acquire any property for any
purpose not contemplated by the Constitution. The government
of foreign people against their will is not a constitutional
purpose but a purpose expressly forbidden by the
Constitution. Therefore I deny the right to acquire this
territory and to hold it by the government for that purpose.
. . .
Now, I claim that under the
Declaration of Independence you cannot govern a foreign
territory, a foreign people, another people than your own;
that you cannot subjugate them and govern them against their
will, because you think it is for their good, when they do
not; because you think you are going to give them the
blessings of liberty. You have no right at the cannon's
mouth to impose on an unwilling people your Declaration of
Independence and your Constitution and your notions of
freedom and notions of what is good. That is the proposition
which the senator asserted. He does not deny it now.
If the senator gets up and says, "I
will not have those people in Iloilo subdued; I 'II not
govern the Philippine Islands unless the people consent;
they shall be consulted at every step," he would stand in a
different position. That is what I am complaining of. When I
asked the senator during his speech whether he denied that
just governments rested on the consent of the governed, he
said, in substance, that he did deny it - that is, his
answer was "some of them"; and he then went on to specify
places where government did not so rest.
The senator says, "Oh, we governed the
Indians against their will when we first came here," long
before the Declaration of Independence. I do not think so. I
am speaking of other people. Now, the people of the
Philippine Islands are clearly a nation - a people three and
one-third times as numerous as our fathers were when they
set up this nation. If gentlemen say that because we did
what we did on finding a great many million square miles of
forests and a few hundred or thousand men roaming over it
without any national life, without the germ of national
life, without the capacity for self-government, without
self-government, without desiring self-government, was a
violation of your principle, I answer, if it was a violation
of your principle it was wrong.
It does not help us out any to say
that 150 years ago we held slaves or did something else. If
it be a violation of your principle, it is wrong. But if, as
our fathers thought and as we all think, it was not a
violation of the principle because there was not a people
capable of national life or capable of government in any
form, that is another thing.
But read the account of what is going
on in Iloilo. The people there have got a government, with
courts and judges, better than those of the people of Cuba,
who, it was said, had a right to self-government, collecting
their customs; and it is proposed to turn your guns on them,
and say, "We think that our notion of government is better
than the notion you have got yourselves." I say that when
you put that onto them against their will and say that
freedom as we conceive it, not freedom as they conceive it,
public interest as we conceive it, not as they conceive it,
shall prevail, and that if it does not we are to force it on
them at the cannon's mouth - I say that the nation which
undertakes that plea and says it is subduing these men for
their good when they do not want to be subdued for their
good will encounter the awful and terrible rebuke, "Beware
of the leaven of the Pharisees, which is hypocrisy."
move on to final document |