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(5) The government of the Commonwealth of the Philippine Islands shall provide for the selection of a Resident Commissioner to the United States, and shall fix his term of office. He shall be the representative of the government of the Commonwealth of the Philippine Islands and shall be entitled to official recognition as such by all departments upon presentation to the President of credentials signed by the chief executive of said islands. He shall have a seat in the House of Representatives of the United States, with the right of debate, but without the right of voting... His salary and expenses shall be fixed and paid by the government of the Philippine Islands. Until a Resident Commissioner is selected and qualified under this section, existing law governing the appointment of Resident Commissioners from the Philippine Islands shall continue in effect.
SEC. 8. From and after the date of the inauguration of the new government provided for in this act, the immigration laws of the United States shall extend and apply to immigrants from the Philippine Islands: Provided, however, That during the existence of said government citizens of the Philippine Islands seeking admission into the United States shall be considered as nonquota immigrants, and the provisions of the immigration laws, regulations, and orders applicable to nonquota immigrants shall apply to them: And provided further, That the number of said immigrants of the Philippine Islands shall not exceed one hundred during any calendar year. This section shall not apply to the Territory of Hawaii nor to persons possessing the following status or occupations: Government officers, ministers or religious teachers, missionaries, lawyers, physicians, chemists, engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure, nor to their legal wives or their children under sixteen years who shall accompany them or subsequently may apply for admission to the United States, but such persons or their legal wives or foreign-born children who fail to maintain in the United States a status or occupation placing them within the accepted classes shall be deemed to be in the United States contrary to law, and shall be subject to deportation.
SEC. 9. That, except as in this act otherwise provided, the laws now or hereafter in force in the Philippine Islands shall continue in force in the Philippine Commonwealth until altered, amended, or repealed by the Legislature of the Philippine Commonwealth or by the Congress of the United States, and all references in such laws to the Philippines or Philippine Islands shall be deemed to include the Philippine Commonwealth. The government of the Philippine Commonwealth shall be deemed the successor of the government of the Philippine Islands and of all the rights and obligations thereof.
PLEBISCITE ON THE QUESTION OF PHILIPPINE INDEPENDENCE
Sec. 10. (a) At any time within the fifth year after the inauguration of the government provided for in this act the people of the Philippine Islands shall vote on the question of Philippine independence. The Legislature of the Philippine Commonwealth shall provide for the time and manner of an election for such purpose, at which the qualified voters of the Philippine Islands shall be entitled to vote.
(b) If a majority of the votes cast are in favor of Philippine independence, the Chief Executive of the Commonwealth of the Philippine Islands shall so report to the President of the United States, who shall, within sixty days after the receipt of such report, issue a proclamation announcing the results of such election, and within a period of two years of such report the President of the United States shall withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force: Provided, That the constitution has been previously amended to include the following provisions:
(1) That the property rights of the United States and the Philippine Islands shall be promptly adjusted and settled, and that all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippine Islands.
(2) That the government of the Commonwealth of the Philippine Islands will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States not later than two years after his proclamation recognizing the independence of the Philippine Islands.
(3) That the officials elected and and serving under the constitution adopted' pursuant to the provisions of this act shall be constitutional officers of the free and independent government of the Philippine Islands and qualified to function in all respects as if elected directly under such government, and shall serve their full terms of office as prescribed in the constitution.
(4) That the debts and liabilities of the Philippine Islands, its Provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent government of the Philippine Islands; and that where bonds have been issued under authority of an act of Congress: of the United States by the Philippine Islands, or any Province, city, or municipality therein, the Philippine government will make adequate provision for the necessary funds for the payment of interest and principal, and such obligations: shall be a first lien on the taxes collected in the Philippine Islands.
(5) That the government of the Philippine Islands, on becoming independent of the United States, will assume all continuing obligations assumed by the United States under the treaty of peace with Spain ceding said Philippine Islands to the United States.
(6) That by way of further assurance the government of the Philippine Islands will embody the foregoing provision (except paragraph (3)) in a treaty with the United States.
(c) If a majority of the votes cast are against Philippine independence, the chief executive of the government of the Commonwealth of the Philippine Islands shall so report to the Congress of the United Sttes for their action regarding the future political status of the Philippine Islands.
NOTIFICATION TO FOREIGN GOVERNMENTS
SEC. 11. Upon the proclamation and recognition of the independence of the Philippine Islands under their constitution, the President shall notify the Governments with which th United States is in diplomatic correspondence thereof and invite said governments to recognize the independence of the Philippine Isalnds..
TARIFF DUTIES AFTER INDEPENDENCE
SEC. 12. After the Philippine Islands have become a free and independent nation there shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Islands the rates of duty which are required to: be levied, collected, and paid upon like articles imported from other foreign countries.
CERTAIN STATUTES CONTINUED IN FORCE SEC. 13. All laws or parts of laws applicable to the Philippine Islands not in conflict with any of the provisions of this act are hereby continued in force and effect until altered, amended, or repealed in accordance with existing law by the Philippine Legislature or by the legislative authority of the government established under the provisions of this act, or by act of Congress of the United States.
The CHAIRMAN. Senator McNary is unavoidably detained, presiding over the hearings on the agricultural appropriation bill.
Senator King. Mr. Chairman, I did not understand that if there were any other witnesses who care to testify, they were to be limited.
bill. The CHAIRMAN. That was the vote of the committee, that the committee did not care to hear testimony in regard to other features of independence, or anything except to get more information in regard to this bill. I mention it because it was a rather unusual vote.
Senator KING. I was not present. I should have voted against that.
The CHAIRMAN. That action was taken because in the Seventyfirst Congress this committee held full hearings, and also because the House committee has had full hearings, and anyone who bad statements to make for or against independence had already made them in the House.
Senator VANDENBERG. I think we can get a pretty broad field of information before we get through, Senator.
The CHAIRMAN. The Secretary of War, Mr. Hurley.
STATEMENT OF HON. PATRICK J. HURLEY, SECRETARY OF WAR
Secretary HURLEY. Mr. Chairman and Senators, in the beginning of this argument I would like to state that I have a profound respect for the aspirations of the Filipino people; that all my contacts with them have been extremely agreeable. I deeply appreciate the many kindlinesses and courtesies and attentions of all kinds shown me while I was in the Islands. I make this prefatory statement only that it may be understood that any opposition I may express to the measures pending before the committee have absolutely no connection with any personal antagonism or ill feeling toward the people whose rights are being considered. On the contrary I have the most profound respect for the people and their aspirations.
Before beginning my statement I would like to familiarize the committee in the beginning with some conclusions that I have reached, so that my subsequent remarks and answers to questions may be more easily understood.
The political chaos in the Orient to-day is such that, in my opinion, this is no time to deal with Philippine independence. The present legislation directed to that end would serve the interests of neither the Filipino people nor the United States.
Until the Filipino people shall have made greater progress toward economic independence, political independence would merely invite chaos and revolution. All the measures necessary for the attainment of economic independence can not be determined in advance.
The political and social institutions of the Filipino people are not yet developed to a point where the stability of an independent government would be reasonably assured.
The most essential steps toward economic independence for the Philippine Islands are the establishment of stable trade relations, and greater diversification of Philippine agriculture and industry. Appropriate present measures to those ends include:
(a) Legislation which will prevent excessive shipments to the United States of Philippine sugar and other Philippine products, the unrestricted entry of which to the United States on a duty-free basis may be prejudicial to American agriculture or industry or tend to undue expansion of a particular crop or industry of the Philippine Islands.
(6) The enactment by the Philippine Legislature of tariff laws which will give needed protection to American cotton textiles and to certain American farm and dairy products, thus tending to bring about more balanced trade reciprocity between the Philippines and the United States than now exists.
The immigration of Filipino labor to the United States is not to the best interests of either the Philippine Islands or the United States.
An equitable numerical limitation should be placed on such immigration, accompanied by special provisions permitting the entry of public officials, students, and others ordinarily excepted from the full application of our immigration laws. (Immigration regulation should not be based on racial grounds.)
Increased participation by Filipinos in local governmental administration is desirable. That participation has increased progressively ever since the occupation of the islands by America. The continuance of American responsibility without adequate authority should not be considered. No final solution of the political relations between the United States and the Philippine Islands can be undertaken at the present time without grave danger to both peoples.
The validity of the title of the United States to the Philippine Islands is based upon the results of the Spanish-American War as ratified by the treaty of Paris and a related supplementary treaty. The Supreme Court of the United States has expressly affirmed the validity and completeness of this title. The title has been recognized, either directly or by implication, by the nations of the world.
I have thus stated in the beginning a few fundamental conclusions so that I may now proceed with the statement.
I would like to say to the committee in the beginning that the statement I am about to make was made yesterday before the House Committee on Insular Affairs. I am sure that everyone interested in this bill is familiar with the statement I made there. The Hare bill in the House is approximately the same as the new Hawes-Cutting bill in the Senate.
If it would be inflicting an unnecessary hardship on the members of the committee to read it, I will put the statement that I made yesterday before the House in the record, and we can then proceed on the questions and answers, both upon my statement and upon the bill. However, if the committee desires me to amplify by making the argument I made yesterday, I am prepared to proceed.
Senator Hawes. I agree with the Secretary that the record is over there for our inspection. We can read it.
Senator King. I think we know the Secretary's views and his opposition to the independence of the Filipinos, or these bills, so there is no necessity of repeating the address that he made there yesterday, so far as I am concerned.
Secretary HURLEY. Senator, let me disagree with you in the beginning, if you meant to say that you know that the Secretary's views are in opposition to the independence of the Filipino people. Is that your understanding of the argument I made?
Senator KING. Well, my contacts with you and statements which I think are authentic have led me to the conclusion, Mr. Secretary, that you are opposed to the Philippine independence, with this qualification-some time.
Secretary HURLEY. Well, just so you put in the qualification there.
Senator King. Sometime, somehow, maybe, they will be entitled to independence, but not now.
Secretary HURLEY. Well then, if that is your opinion it will be necessary for me to enlighten you by making the argument I made yesterday.
Senator King. I shall be very glad to have you do so.
Secretary HURLEY. Because you are just exactly 100 per cent wrong.
Senator KING. Are you in favor of their independence?
Senator KING. Six years?
Secretary HURLEY. Well now, do not go ahead with me talking about years. I am talking about conditions.
Senator King. Ten years? Twenty years?
Secretary HURLEY. I would prefer not to answer any such question because it is very evident that you do not understand the statements I have made, or the argument I made yesterday.
Senator KING. I think I do.
Senator King. And your statement now confirms my view that you are not in favor of independence for the Philippines.
Secretary HURLEY. Then I will proceed with my argument, because you do not understand. Of course I can not argue with you about what you understand from the statement I have made. I can merely make the statement.
Senator KING. As you will, Mr. Secretary.
Senator Hawes. But, Mr. Secretary, I have drawn the same conclusion that Senator King has drawn, for this reason. In our hearings before this committee last year the important thing was an expression of opinion as to time. And no witness that appeared there or has appeared before the House Committee has failed to discuss the question of time.
Secretary HURLEY. Well, I have discussed the question of time fully. And anyone who thinks I have not discussed the question of time has not paid very close attention to what I have said.
Senator HAWES. Well, I disagree with you, Mr. Secretary. They tried to have you say yesterday whether you believed in 5 years or 10 years or 25 years, and you did not express an opinion.
Secretary HURLEY. No; the opinion I expressed was this, that when Dewey's fleet sank the Spanish Fleet in the harbor of Manila, when the United States destroyed the Spanish sovereignty over the Philippine Islands the United States accepted certain obligations in regard to those people. It departed from the old system of colonization. Instead of using the Islands as a place for exploitation of American capital and American gain, the attempt was made to set up a selfgoverning, self-subsisting, self-sufficient member of the family of nations. The program laid out to accomplish that was, first, to provide an intelligent public opinion capable of establishing selfgovernment; to insure the economic self-sufficiency of the Islands in order to support such a government; and to alter and upbuild the social structure so as to support the two former.
What I said yesterday was, and what I said in my last year's letter, was that the United States has proceeded on a definite, well-defined policy that is capable of fulfillment, that, while the political situation has run away with the other two elements of the composite objective, I believe that the responsibilities assumed by the United States when it destroyed the sovereignty of Spain have not been fulfilled, and that the Philippine Islands should be given their freedom under the policy that is unbroken from the beginning. That policy is stated, not only by every President who was held that office since we acquired