And first, the chaos of opinion into which the country was thrown by the outbreak of the Spanish-American War ceases to be wholly without form and void. The discussions of a year have clarified ideas; and on some points we may consider that the American people have substantially reached definite conclusions.
There is no need, therefore, to debate laboriously before you whether Dewey was right in going to Manila. Everybody now realizes that, once war was begun, absolutely the most efficient means of making it speedily and overwhelmingly victorious, as well as of defending the most exposed half of our own coast, was to go to Manila. "Find the Spanish fleet and destroy it" was as wise an order as the President ever issued, and he was equally wise in choosing the man to carry it out.
So, also, there is no need to debate whether Dewey was right in staying there. From that come his most enduring laurels. The American people admire him for the battle which sank the Spanish navy; but they trust and love him for the months of trial and triumph that followed. The Administration that should have ordered him to abandon the Eastern foothold he had conquered for his country—to sail away like a sated pirate from the port where his victory broke down all civilized authority but our own, and his presence alone prevented domestic anarchy and foreign spoliation—would have deserved to be hooted out of the capital.
So, again, there is no need to debate whether the Peace Commissioners should have thrown away in Paris what Dewey had won in Manila. The public servant who, without instructions, should in a gush of irresponsible sentimentality abandon great possessions to which his country is justly entitled, whether by conquest or as indemnity for unjust war, would be not only an unprofitable but a faithless servant. It was their obvious duty to hold what Dewey had won, at least till the American people had time to consider and decide otherwise.
Is there any need to debate whether the American people will abandon it now? Those who have a fancy for that species of dialectics may weigh the chances, and evolve from circumstances of their own imagination, and canons of national and international obligation of their own manufacture, conclusions to their own liking. I need not consume much of your time in that unprofitable pursuit. We may as well, here and now, keep our feet on solid ground, and deal with facts as they are. The American people are in lawful possession of the Philippines, with the assent of all Christendom, with a title as indisputable as the title to California; and, though the debate will linger for a while, and perhaps drift unhappily into partizan contention, the generation is yet unborn that will see them abandoned to the possession of any other Power. The Nation that scatters principalities as a prodigal does his inheritance is too sentimental and moon-shiny for the Nineteenth Century or the Twentieth, and too unpractical for Americans of any period. It may flourish in Arcadia or Altruria, but it does not among the sons of the Pilgrims, or on the continent they subdued by stern struggle to the uses of civilization.
Nevertheless, our people did stop to consider very carefully their constitutional powers. I believe we have reached a point also where the result of that consideration may be safely assumed. The constitutional arguments have been fully presented and the expositions and decisions marshaled. It is enough now to say that the preponderance of constitutional authorities, with Gouverneur Morris, Daniel Webster, and Thomas H. Benton at their head, and the unbroken tendency of decisions by the courts of the United States for at least the last fifty years, from Mr. Chief Justice Waite and Mr. Justice Miller and Mr. Justice Stanley Matthews, of the Supreme Court, down to the very latest utterance on the subject, that of Mr. Justice Morrow of the Circuit Court of Appeals, sustain the power to acquire "territory or other property" anywhere, and govern it as we please.[9 ] Inhabitants of such territory (not obviously incapable) are secure in the civil rights guaranteed by the Constitution; but they have no political rights under it, save as Congress confers them. The evidence in support of this view has been fully set forth, examined, and weighed, and, unless I greatly mistake, a popular decision on the subject has been reached. The constitutional power is no longer seriously disputed, and even those who raised the doubt do not seem now to rely upon it.
Contributions to International Law and Morality.
In thus summarizing what has been already settled or disposed of in our dealings with the questions of the war, I may be permitted to pause for a moment on the American contributions it brought about to international morality and law. On the day on which the American Peace Commissioners to Paris sailed for home after the ceremonial courtesy with which their labors were concluded, the most authoritative journal in the world published an interview with the eminent President of the corresponding Spanish Commission, then and for some time afterward President also of the Spanish Senate, in which he was reported as saying: "We knew in advance that we should have to deal with an implacable conqueror, who would in no way concern himself with any pre-existing International Law, but whose sole object was to reap from victory the largest possible advantage. This conception of International Law is absolutely new; it is no longer a case of might against right, but of might without right.... The Americans have acted as vainqueurs parvenus."[10 ]
Much may be pardoned to the anguish of an old and trusted public servant over the misfortunes of his native land. We may even, in our sympathy, endeavor to forget what country it was that proposed to defy the agreements of the Conference of Paris and the general judgment of nations by resorting to privateering, or what country it was that preferred to risk becoming an asylum for the criminals of a continent rather than revive, even temporarily, that basic and elementary implement of modern international justice, an extradition treaty, which had been in force with acceptable results for over twenty years. But when Americans are stigmatized as "vainqueurs parvenus," who by virtue of mere strength violate International Law against a prostrate foe, and when one of the ablest of their American critics encourages the Spanish contention by talking of our "bulldog diplomacy at Paris," it gives us occasion to challenge the approval of the world—as the facts amply warrant—for the scrupulous conformity to existing International Law, and the important contributions to its beneficent advancement that have distinguished the action of the United States throughout these whole transactions. Having already set these forth in some detail before a foreign audience,[11 ] I must not now do more than offer the briefest summary.
The United States ended the toleration of Privateering. It was perfectly free to commission privateers on the day war was declared. Spain was equally free, and it was proclaimed from Madrid that the Atlantic would soon swarm with them, sweeping American commerce from the ocean. Under these circumstances one of the very first and noblest acts of the President was to announce that the United States would not avail itself of the right to send out privateers, reserved under the Declaration of Paris. The fast-thickening disasters of Spain prevented her from doing it, and thus substantially completed the practice or acquiescence of the civilized world, essential to the acceptance of a principle in International Law. It is safe to assume that Christendom will henceforth treat Privateering as under international ban.