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My point is this and this is the only place where I do agree with the amiable Secretary of War. I think we ought to leave it to the Filipinos to frame their own constitution. It is not customary for countries, nations, or republics, to have a constitution before they become a nation or become a republic. The United States itself never had a constitution until 11 years after the Declaration of Independence. I am afraid of a constitution, because I am afraid it will defeat independence.

I almost apologize for agreeing with the Secretary of War, when he is so much against us on the big issue, but he said that if the Filipinos are competent to govern themselves-which I know they are they are competent to make a constitution for themselves, and set up self government. I agree with him there.

Senator HAYDEN. The Philippines, in one sense, are in the same status as a territory of the United States. No territory has been admitted to the Union without an enabling act, which first required that a constitution, republican in form, be written and adopted by the people.

Mr. TAVENNER. Senator, I do not believe, though, that the Philippine Islands are a Territory. Are they, Senator Hawes? Senator HAWES. No; they are not a Territory.

Mr. TAVENNER. They are not anything. They have no exact status. A Territory is eligible eventually for Statehood. Philippines are not.

Senator HAYDEN. The Territory of Arizona, for example, was acquired by force of arms, and by purchase from Mexico. A territorial form of government was set up, and in due time the status changed. The status might have been that that part of the country of the United States might have been cut up. We had to have some assurance that there was to be a republican form of government there. Mr. TAVENNER. The only answer I can make to that is this. A Territory is coming into the United States, and the Philippines are going out. The Philippines would be a different nation when they left us, under their own sovereignty. In any event, it is wholly useless to rush independence by insisting upon ratifying their constitution, because one hour after the American flag comes down and the Philippine flag goes up, they can dump the whole thing overboard and make a new one, anyway. There will be nothing to prevent them if they so desire.

Senator HAYDEN. That has been done in the case of States. We provided, in the State of Oklahoma, that its capital should be located, for a certain number of years, at the City of Guthrie. Immediately after Oklahoma was admitted, they proceeded to move the capital to Oklahoma City, and the Supreme Court of the United States decided they had a perfect right to do it. The Philippines undoubtedly ought to have a right to change their constitution, but our only obligation to them is to start them out in the right way. We want to be sure they have a republican form of government, and not a monarchy.

Mr. TAVENNER. Pass a bill fixing a definite date, and the Philippines will have your constitution ready for you before they take charge. You can not control them after that, anyway. As I say, it is not fair to put on an alien people, a people who are not going to be members of our family, conditions and principles which might be

good for us but which are not necessarily good for those people. It is not real self-government for them.

Senator METCALF. Will you proceed, now? We have several witnesses.

Mr. TAVENNER. Here is one thing that makes impossible any certainty of a definite date for the Philippines to be free. You state five years, Senator. I do not see how you can get independence for the Philippines in five years under this bill.

Senator HAWES. We worked it out very carefully.

Mr. TAVENNER. The way it reads now

Senator HAWES. Yes; we believe under that bill that it can be accomplished in seven years.

Mr. TAVENNER. I could not figure it out in less than nine.
Senator HAWES. The plebescite, and the whole thing.

Mr. TAVENNER. I will repeat this. If the constitution ever comes up here, in either House of Congress, you will never be able to get as many votes for it as you will for a Philippine independence bill. I may be wrong, but I believe both Houses of this Congress are not only for Philippine independence, but overwhelmingly so. I believe that there are enough votes to pass a Philippine independence bill over the veto of the President. I believe you will agree that we have a majority in each House, and since we have, why take any chances? Why not be certain that we are making the Philippines free once and for all? If the Filipinos desired to, they could go ahead and frame a constitution right now, without our passing this bill. I heard that discussed by Senators and Representatives in a joint hearing presided over by the late then Senator Harding. It was practically unanimous. They said there was nothing to prevent the Filipinos from going ahead, and while not establishing an independent government, going ahead and framing a constitution, with the understanding that if they should get their independence such would be their constitution.

I am only against this thing for one reason. I am fighting to bring this long fight to a close. The Philippines have been put off year after year, and year after year. Let us either give it to them, or say definitely we will not.

I am in favor of allowing Filipino workmen to come in here until the very minute the American flag comes down there, and letting them send in their sugar, all the sugar they want, until the American flag comes down there. If we insist on keeping the flag up there, against the desire of the people, then they have the right to all the incidental privileges that may result from that fact.

I am against a plebiscite, because for many, many years the Filipinos have asked for a plebiscite. The legislature passed it, and it was vetoed by the Governor General, and they passed it over his veto, and it was vetoed by President Coolidge. It is not fair, at this late date, to come along now and say, "Hold a plebiscite."

There is no doubt that the Filipinos are overwhelmingly for independence, as anybody knows who is familiar with this question. So, am opposed to that feature of the bill.

That is all I have to say about the bill, Mr. Chairman, but there is one other thing I would like to say, and I will make it very brief. This is what I consider to be one of the very strongest arguments for Philippine independence that can be made to Americans. I have

told you what I think about the Filipinos; but they are not the only ones concerned in this thing. The United States of America is interested also. We have promised to give independence to the Philippines, and we have not done it. George Washington said that those who deny freedom to others, do not deserve it themselves, and, under a just God, can not long retain it. It might sound childish for me to suggest that we ever could get into trouble through holding the Philippines. How could anything happen to the greatest nation on earth? Let me make one suggestion. I have worked almost day and night for 23 years to get these ideas I am trying to put over here in but a few minutes. The point is made that Japan is in favor of Philippine independence, so that she can go and take them.

But I am convinced that Japan wants the United States to hold the Philippines, and to keep the flag flying there, so that if we get into trouble with Japan at any time, she can go over there and pull down the American flag, and make us send our fleet and our American boys there to fight her. That is a very important thing to Japan. It makes a big difference whether we fight Japan over there, or whether we fight her here. That is my opinion. I am not suggesting that we give up the Philippines out of fear of Japan, or fear that there will be war. I suggest that we give them up because it is right. I believe the day is to come when Japan is going to say to you, "You taught us imperialism. Why is it any worse for us to take Manchuria than it is for you to take the Philippines?"

Also, we indicate that we think it is wrong for Japan to take the Philippines if we give them up. If it is wrong for Japan to be there, why isn't it wrong for us to be there?

That is the only point I want to make, except this final word. I read in this book of yours, Senator Hawes, how when you saw those hundreds of thousands of Filipinos in the islands your heart was touched, and how it brought tears to your eyes. If you will only put through Congress some bill that will give them independence, not only will they put your monument in the Philippines from one end to the other, but they will bless your name as long as any Filipino is alive on earth. I want to say to you personally that if you pass a Philippine independence bill, I am for you, not only for Governor General, but for the Presidency of the United States, for the reason that if you pull down the American flag in the Philippines

Senator HAWES. I am afraid you are going to lose some votes if you keep on.

Mr. TAVENNER. You will have done the United States one of the greatest services any man can do. I believe the possession of the Philippines by the United States is the greatest menace that confronts this country to-day.

Have no fear, Senator, about making a mistake in giving them independence. No people that ever obtained sovereignty over themselves, in lieu of that of an alien people, ever made a mistake. History does not show a single case where any country ever regretted having obtained independence. Nor does history show any case where any country ever made a mistake through being generous to an alien and weaker people. I think we can feel safe, and let our work bear the scrutiny of the people that are to come, if we grant the Philippines immediate independence.

STATEMENT OF CHARLES EDWARD RUSSELL, REPRESENTING PHILIPPINE CIVIC UNION

Mr. RUSSELL. Mr. Chairman, I represent the Philippine Civic Union. I do not know the extent of the membership of the Civic Union. It has been formed since I left the islands, but I am familiar with the names of many men who are connected with it, and I recognize among them men of property, men of probity, of character, of standing, and responsibility.

Senator METCALF. You have lived there some time?

Mr. RUSSELL. I have not lived there. I spent three months there in 1920 and 1921. I have read the literature of the union carefully. It seems to me to emanate from men of gravity and of intelligence and of purpose.

On behalf of the union, I would like to lay before the committee these points.

First, it seems to the union that all discussion of the Philippine matter that includes questions of fitness for government, or economic stability, or economic competence, are irrelevant and immaterial. We have scrutinized with great care the covenant that the United States made with the Philippines in 1916, and we do not find there any condition precedent of this nature. We do not find that freedom was to be granted to the Philippine Islands when they were economically stable, when they were economically competent, when they were able to support themselves, or even when they had sufficient revenue. It was to be granted on only one condition precedent, which was as soon as a stable government can be established therein.

A stable government was established therein very quickly after the passage of this act, and the making of this covenant, and it has remained stable ever since-one of the most stable governments in the world. For 15 years it has been so.

Second, the members of the union have carefully considered all the possibilities of economic disaster that can follow independence. They do not believe that these disasters would be nearly as serious as has been represented. They have faith, because they believe the resources of the islands are so great, and the capacity of the people so great, that whatever economic changes may be brought about by. independence will be met. That is to say, if they can not longer sell sugar to the United States, they will sell it somewhere else. If they can not sell it at all, the islands can grow other things besides sugar. They are well aware of the fact that there may be, and probably will be, an economic shock following the severance of relations, but for that economic shock they are perfectly prepared.

In that connection, may I say that it is difficult for me to listen. to predictions of revolutions, chaos, and disorder in the islands without entering some protest. I think I am as well acquainted with the Filipino character as any man that was not in the islands. I have traveled very widely upon this earth, through all its continents. Of all the people that I have met in my travels, the Filipinos stand up near the first, for gravity, reasoning, self-control, intelligence, and fundamental character. They are not a tumultous people. They are not a riotous people. They are not a revolutionary people. They are a people accustomed to reasoning, and to act upon reason. The notion that revolution would break out following the collapse of the sugar industry seems to me absolutely untenable and absurd. It is unthinkable. They do not tend that way.

In that same connection, again, fully considering all economic possibilities, unpleasant or diastrous, following independence, they are perfectly ready to pay that price, because they do not believe that liberty can be evaluated in pounds of sugar. They think that liberty is the most priceless of possessions. They reflect that other people have bought their liberty in long and bloody wars, and desperate struggles. They expect to get theirs by an appeal to the sense of justice of the American people, and the total collapse of their sugar industry would be nothing in comparison with the joy they would have in their independence.

Third, they believe that at this time, when the moral validity of international agreements is under the shadow of a considerable dubiety, when there are elements in the world that seem to hold that no treaty is binding except to the extent to which it can be enforced. with guns and arms, it is more than ever essential to the welfare of the world that the United States, which has been called the world's conscience, stand forth with an unequivocal declaration that treaties have moral power; that agreements must be kept; that any word the United States has passed, must be fulfilled, regardless of consequences. They think that such a declaration now, at this time, is a great moral tonic that the world needs.

Fourth, I am authorized to say that the members of the union feel that they have for 15 years patiently asked the United States to fulfill its promises, and the United States has not done so. They must feel that if, under those conditions and circumstances, the United States now refuses this appeal, the only conclusion they can reach is that the United States does not intend to fulfill its promises; that this is, in effect, the final declaration of the United States that it is going to keep the islands forever.

All these years they have looked upon the United States with admiration, respect, and confidence. They have held it up to their children as the model among governments. They have believed in its idealism. If now they are going to be compelled to believe that all the protestations of the United States and its Presidents, to the effect that independence is to be granted, were merely pretenses; that all the objections raised about self-government, and so forth, ⚫ were hypocritical-if they must believe that, then there comes upon them a great loss, a great sense of disappointment. They have lost, out of their moral structure something which seems to me infinitely more important than the economic structure that we heard about this morning. They have lost out of that moral structure their greatest asset. They ask me humbly to petition that the great country they they have looked upon so long with admiration and with confidence as an example, and as a model, and as an inspiration, should not sully its honor with bad faith, and the shame of a broken promise.

Senator HAWES. Just one moment. Mr. Russell, you are an historian, as I understand it, and I have had the pleasure of reading two of your books.

Mr. RUSSELL. Yes.

Senator HAWES. There are certain nations in the world that are called colonizing nations, such as England, France, Holland, and so forth.

Mr. RUSSELL. Yes.

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