CONGRESS. (TnE CUBAN AND PHILIPPINE POLICY.) 



109 



of race. So says United States vs. Cruikshank 

 (92 U. S v 544). 



" The fourteenth amendment did not change the 

 relations of the State and Federal governments, 

 as held In re Kemmler (130 U. S. 430). It did not 

 attempt to confer the right of suffrage upon the 

 negro, but citizenship only, which does not in- 

 clude the right to vote. A woman is a United 

 States citizen, but can not vote. That amend- 

 ment simply tried to force the States to accord 

 suffrage to the negro by imposing the penalty of 

 loss of representation in Congress, which I have 

 already stated as the second clause. But unfor- 

 tunately for the bill of the gentleman from Indi- 

 ana, Congress did not rest content with the four- 

 teenth amendment, but followed it up with the 

 fifteenth, which declared it to be out of the power 

 of a State to disfranchise the negro as such the 

 very thing which the fourteenth amendment de- 

 clares shall cut down the State's representation. 



" The only thing, therefore, which can reduce a 

 State's number of Representatives is declared by 

 the fifteenth amendment to be an impossible 

 thing; and the gentleman is left high and dry by 

 the last amendment of the Constitution." 



Jan. 8 the first section of the Burleigh, or mi- 

 nority bill, w T as substituted for the first section of 

 the Hopkins, or majority bill, by a vote of 100 

 yeas to 102 nays, 77 members not voting and 10 

 answering present. The bill as amended was 

 passed the same day by a vote of 132 yeas to 

 109 nays, 108 not voting and answering pres- 

 ent. The measure was reported in the Senate 

 without amendment Jan. 11, and passed without 

 division or discussion, and it was approved by the 

 President Jan. 10. It is as follows: 



" Be it enacted, etc., That after the 3d day of 

 March, 1903, the House of Representatives shall 

 be composed of 380 members, to be apportioned 

 among the several States as follows: Alabama, 9; 

 Arkansas, 7 ; California, 8 ; Colorado, 3 ; Connecti- 

 cut, 5; Delaware, 1; Florida, 3; Georgia, 11; 

 Idaho, 1; Illinois, 25; Indiana, 13; Iowa, 11; Kan- 

 sas, 8; Kentucky, 11; Louisiana, 7; Maine, 4; 

 Maryland, 0; Massachusetts, 14; Michigan, 12; 

 Minnesota, 9; Mississippi, 8; Missouri, 10; Mon- 

 tana, 1; Nebraska, 0; Nevada, 1; New Hampshire, 

 2; New Jersey, 10; New York, 37; North Caro- 

 lina, 10; North Dakota, 2; Ohio, 21; Oregon, 2; 

 Pennsylvania, 32; Rhode Island, 2; South Caro- 

 lina, 7; South Dakota, 2; Tennessee, 10; Texas, 

 10; Utah, 1; Vermont, 2; Virginia, 10; Washing- 

 ton, 2; West Virginia, 5; Wisconsin, 11; and 

 Wyoming, 1. 



" SEC. 2. That whenever a new State is ad- 

 mitted to the Union the Representative or Repre- 

 sentatives assigned to it shall be in addition to 

 the number 380. 



"SEC. 3. That in'each State entitled under this 

 apportionment, the number to which such State 

 may be entitled in the Fifty-eighth and each sub- 

 sequent Congress shall be elected by districts com- 

 posed of contiguous and compact territory and 

 containing as nearly as practicable an equal num- 

 ber of inhabitants. The said districts shall be 

 equal to the number of the Representatives to 

 which such State may be entitled in Congress, no 

 one district electing more than one Representative. 



" SEC. 4. That in case of an increase in the num- 

 ber of Representatives which may be given to any 

 State under this apportionment, such additional 

 Representative or Representatives shall be elected 

 by the State at large, and the other Representa- 

 tives by the districts now prescribed by law until 

 the Legislature of such State, in the manner 

 herein prescribed, shall redistrict such State; and 

 if there be no increase in the number of Repre- 



sentatives from a Slate UK; llcju-csontatives 

 thereof shall be elected from t.lic districts now 

 prescribed by law until such Stale bo redistrieted 

 as herein prescribed by the .Lcgislut iu<- of said 

 State; and if the number hereby provided for shall 

 in any State be less than it was before 1 he chan"e 

 hereby made, then the whole number to such St;U<; 

 hereby provided for shall be elected at large, unless 

 the Legislatures of said States have provided or 

 shall otherwise provide before the time fixed by 

 law for the next election of Representatives 

 therein. 



" SEC. 5. That all acts and parts of acts incon- 

 sistent with this act are hereby repealed." 



The Cuban and Philippine Policy. The 

 most important action taken by the Congress in 

 the way of determining national policy was the 

 adoption of two amendments to the army appro- 

 priation bill, one dealing with Cuba and the other 

 with the Philippine Islands. This method of se- 

 curing the passage of measures deemed urgent by 

 a Congressional majority, in cases where separate 

 bills might encounter opposition and fail through 

 delay, was much in vogue at one time; but it fell 

 into disrepute, and was abandoned for years. 

 Little can be said in defense of the revival of the 

 old device, which is essentially fraudulent, as it 

 incorporates in a money bill matter not at all 

 germane to it. 



The Cuban amendment was reported, Feb. 25, 

 in .the Senate, by Mr. Platt, of Connecticut, from 

 the Committee on Relations with Cuba ; and it was 

 to be added to the clause in the army appropria- 

 tion bill as it had passed the House, providing 

 $14,000,000 for the pay of enlisted men and $1,- 

 000,000 for additional pay for length of service. 

 It was the last of a series of provisos. The text of 

 it is as follows: 



"Provided further, That in fulfilment of the 

 declaration contained in the joint resolution ap- 

 proved April 20, 1898, entitled ''For the recognition 

 of the independence of the people of Cuba, demand- 

 ing that the Government of Spain relinquish its 

 authority and government in the island of Cuba, 

 and to withdraw its land and naval forces from 

 Cuba and Cuban waters, and directing the Presi- 

 dent of the United States to use the land and naval 

 forces of the United States to carry these resolu- 

 tions into effect,' the President is hereby author- 

 ized to * leave the government and control of the 

 island of Cuba to its people ' so soon as a govern- 

 ment shall have been established in said island 

 under a constitution which, either as a part thereof 

 or in an ordinance appended thereto, shall define 

 the future relations of the United States with 

 Cuba, substantially as follows: 



" I. That the Government of Cuba shall never 

 enter into any treaty or other compact with any 

 foreign power or powers which will impair or tend 

 to impair the independence of Cuba, nor in any 

 manner authorize or permit any foreign power 

 or powers to obtain by colonization or for military 

 or naval purposes or otherwise lodgment in or con- 

 trol over any portion of said island. 



" II. That said Government shall not assume 

 or contract any public debt to pay the interest 

 upon which and to make reasonable sinking-fund 

 provision for the ultimate discharge of which the 

 ordinary revenues of the island, after defraying 

 the current expenses of government, shall be in- 

 adequate. 



" III. That the Government of Cuba consents 

 that the United States may exercise the right to 

 intervene for the preservation of Cuban independ- 

 ence, the maintenance of a government adequate 

 for the protection of life, property, and individual 

 liberty, and for discharging the obligations with 



