Page:Speeches, correspondence and political papers of Carl Schurz, Volume 6.djvu/125

Rh that question, the spirit of the Constitution is flagrantly violated in one of its most essential principles.

We are now engaged in a war with the Filipinos. You may quibble about it as you will, call it by whatever name you will—it is a war; and a war of conquest on our part at that—a war of barefaced, cynical conquest. Now, I ask any fairminded man whether the President, before beginning that war, or while carrying it on, has ever taken any proper steps to get from the Congress, the representatives of the people, any proper authority for making that war. He issued his famous “benevolent assimilation” order, directing the Army to bring the whole Philippine archipelago as promptly as possible under the military government of the United States, on December 21, 1898, while Congress was in session, and before the treaty with Spain, transferring her shadowy sovereignty over the islands, had acquired any force of law by the assent of the Senate. That was substantially a declaration of war against the Filipinos asserting their independence. He took this step of his own motion. To be sure, he has constantly been telling us that “the whole subject is with Congress,” and that “Congress shall direct.” But when did he, while Congress was in session, lay a full statement before that body and ask its direction? Why did he not, before he proclaimed that the slaughter must go on without useless parley, call Congress together to consult the popular will in Constitutional form? Why, even in these days, while “swinging around the circle,” the President and his Secretaries are speaking of the principal thing, the permanent annexation of the Philippines, not as a question still to be determined, but as a thing done—concluded by the Executive, implying that Congress will have simply to regulate the details.

Now you may bring ever so many arguments to show that the President had technically a right to act as he did,