3. How is war declared? Give some illustrations.

4. Show why the President with so little nominal power over the declaration of war, has nevertheless such great influence in bringing on or avoiding a conflict.

5. Must a formal declaration of war always precede hostilities? Examples. 6. Explain how an advantage may sometimes be gained by beginning hostilities before the declaration, or by delaying the declaration even after hostilities have begun.

7. What is an ultimatum, and why does it usually lead to war when delivered by one great power to another?

8. Explain the legal preliminaries leading to the outbreak of the SpanishAmerican war.

9. Why does our Constitution limit each appropriation to the army to a period of two years?

10.

Show the proportion of our total national government appropriations which is devoted to the military and naval outlay.

11. Why is Cuba sometimes spoken of as a "sphere of influence" of America? 12. Why is the Platt Amendment called an amendment? Explain its chief provisions.

13. Show the difference between military and civil administration and explain some of the chief problems of army organization.

14. What is the principal difference between the American Army organization to-day and that of 1898?

15. Why is a General Staff required, and what are its duties?

16. Show exactly how it increases the efficiency of an army.

17. Prepare a report showing the organization of the American regular army.

18. What is the difference between the regular army and the militia? Outline the principal provisions of the Militia law as passed by Congress.

19. Show how the provisions of the Constitution on the militia interfere with the efficiency of that body in time of war.

20.

Contrast the problem of army and militia organization of this country with that of European countries.

21. Explain why Congress at the opening of a war does not call the militia, as militia into the service of the United States.

22. Resolved that a Federal reserve volunteer army, independent of the State militia, should be created by Congress, to be composed of men trained two weeks in each year between the ages of eighteen and twenty-five, and one week yearly from the age of twenty-five to forty. Defend either side of this question. 23. How would you explain the perpetual conflict between efficient army administration and popular government? Give examples.

24. Prepare an essay on the military policy of the United States.

CHAPTER XIII

THE POWERS OF CONGRESS-Continued

CONTROL OVER THE TERRITORIES AND OTHER

POWERS

Our Colonial Empire.-The new conditions of American political life are strikingly shown by the rise of our colonial empire. The dramatic events of 1898 suddenly brought the nation face to face with a new problem, the government of distant dependencies. For this work we had neither experience nor liking. Our only effort in this direction, the government of Alaska, was a notorious failure, and a large part of our population was strongly opposed to any extension of American control over additional territory. The war with Spain, the annexation of Hawaii, the purchase of the Panama strip, suddenly placed in our charge Cuba, the Philippines, Porto Rico, Guam, Hawaii, and the Canal Zone, none of them accustomed to our form of government nor inhabited by our race. The constitutional basis of our control over this empire rests first, upon Article 4, which gives to Congress the power to "dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States;" and second, upon the authority which Congress possesses as a part of national sovereignty to acquire territory. Such power to acquire necessarily includes the right to govern new acquisitions.

Congress has used these powers in a series of laws called "organic acts" which in fact are the constitutional law of each new dependency. In passing these laws we have paid little or no attention to the rich colonial experience of other nations, and have thereby caused ourselves no little trouble. We have started to work out our own solution of the problem. In each dependency we began with a military control following the war; later Congress has established a highly developed popular government, in most cases somewhat too far in advance of the needs and ability of the people. Finally we have settled down to an effort to administer this plan of government in as liberal a spirit as possible. The great bulk of this work has devolved upon the President and his advisers. In the early stages of our colonial policy the President was practically the dictator of colonial administration. In the memorable clause added to the Army Appropriation Bill of March 2, 1901, the President was entrusted with the absolute control of the Philippines until Congress

could act. The Acts of April 20, 1900, for Hawaii, April 12, 1900 for Porto Rico and of July 1, 1902, for the Philippines gave to those dependencies their constitutions, and provided that the principal executive officers should be appointed by the President of the United States. In the Philippines and Porto Rico the upper House of the legislature is also chosen by him. When President McKinley came to make the appointments for these positions, he fortunately chose men who were pre-eminently well qualified for the work to be done, and then entrusted them with full power. The result has been a rapid organization of the governments of all the dependencies and an efficient and progressive administration throughout the critical early stages of American sovereignty. The island governments have had a good start. To settle everything possible in Manila, Honolulu and San Juan was the motto of the Administration and events have proven its wisdom. While the central authorities at Washington have thereby escaped a great deal of unnecessary red tape, they have been able to keep in close touch with the colonies by frequent conferences between the President and the governors and other executive officials from the dependencies. In order to concentrate the control over the dependencies there has been established a special Bureau of Insular Affairs in the War Department under the direction of an experienced army officer. Besides its ordinary functions the Bureau has become an extensive purchasing agency for the islands, a means of preparing needful legislation to be introduced in Congress, and last but by no means least, an effective press agency by which the public is constantly informed of important happenings in the colonies.

The systems of government adopted for the three principal island dependencies are as follows:-The Philippine Government Act of July 1, 1902, provides for a legislature of two houses, the upper chamber being the former Philippine Commission, all the members of which are chosen by the President, the lower house being elected by the people upon a suffrage qualification determined by the Commission. The members of the upper house have both executive and legislative duties, being charged with executive cabinet offices. President Wilson appointed for the first time a majority of natives in the Commission. The Governor has a veto, an extensive appointing power and the usual general executive 1 The first and most important paragraph in this extraordinary grant of power reads as follows:

"All military, civil, and judicial powers necessary to govern the Philippine Islands, acquired from Spain by the treaties concluded at Paris on the 10th day of December, 1898, and at Washington on the 7th day of November, 1899, shall, until otherwise provided by Congress, be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct, for the establishment of civil government and for maintaining and protecting the inhabitants of said islands in the free enjoyment of their liberty, property and religion; Provided, That all franchises granted under the authority hereof shall contain a reservation of the right to alter, amend, or repeal the same."

authority, besides the command of the constabulary and the control over the United States military force stationed in the islands. The local governments are organized as provinces and municipios or townships under a law passed by the Philippine Commission. In the province there is a local government, partly appointed and partly elected; in the municipality it is principally elected by the people under suffrage qualifications requiring either education or property.1

All the important and arduous work of organizing the government and giving it an impetus in the right direction has been performed by an appointed commission of Americans and natives. These men have coped with the gigantic problem of creating a new government, suppressing chronic ladronism or thievery, stamping out plague, cholera and smallpox among a people many of whom were intensely ignorant, hostile and superstitious, devising a new system of taxation, counteracting the paralyzing effects of widespread devastation and famine, inciting the people to renewed industrial activity, attempting to win their confidence and educate them for some degree of self-government. The popular assembly has been elected by a political party which demands immediate independence from American control, but its members have shown a willingness to co-operate with the appointed upper house in the passage of necessary laws.

Hawaii is the farthest advanced in civilization of all our dependencies. It has therefore been given the most independent system of government, closely approaching that of the mainland territories or embryo States. The law of 1900 provides a legislature, both houses of which are elected directly by the people under an education qualification. The Governor and his Cabinet are appointed by the President as are also the principal judges. The general average of education is very high among the native Hawaiians, but not among the Chinese and Japanese, who constitute a large part of the population. The local governments were origi

1 The regulations governing suffrage are prescribed by the municipal code as passed by the Philippine Commission on January 31, 1901, and are as follows: "The electors charged with the duty of choosing elective municipal officers shall be male persons, twenty-three years of age or over, who have had a legal residence in the municipality in which they exercise the suffrage for a period of six months immediately preceding the election, and who are not citizens or subjects of any foreign power, and who are comprised within one of the following three classes:

"(a) Those who prior to the 13th of August, 1898, held the office of Municipal Captain, Gobernadorcillo (local official), Alcade (mayor), Lieutenant, Cabeza de Barangay (village chief), or member of any Ayuntamiento (municipal council). "(b) Those who own real property to the value of 500 pesos, or who annually pay thirty pesos or more of the established taxes.

(c) Those who speak, read or write English or Spanish."

"It will be seen that in addition to the qualifications given in the first paragraph, an elector need only have one of three qualifications mentioned under a, b and c. Electors are also required to subscribe to an oath of allegiance to the United States sovereignty.

nally mere districts, administered by officials appointed from the central government at Honolulu but an elective town and county system has been drafted from American models.

Porto Rico, the smallest and most densely populated of the island dependencies, occupies a stage midway between Hawaii and the Philippines, both as to general advancement and governmental form. The law of April 12, 1900, has provided a bi-cameral legislature, the lower house elected, the upper house, or Executive Council, appointed by the President. Of the eleven members of the Executive Council, five must be natives of the island. Six of the Council members are the heads of important executive departments and the President has followed the practice of appointing Americans to these positions, thereby securing a majority of Americans in the Council and giving all the leading executive departments to Americans. Doubtless in the course of time it may be found advisable to place Porto Ricans in these positions, but in order to maintain American control over the upper house of the legislature, this plan was considered a necessary safeguard. In practice, with few recent exceptions, the native members of the Council have co-operated most heartily with the Americans in most of the essential measures of improvement and reorganization. Occasionally the lower house refuses to concur in financial measures; in order to prevent a deadlock in such cases the law provides that if the two houses fail to agree on revenue and appropriation bills, the law of the preceding year shall remain in force.

The local governments, reorganized on an excellent plan proposed by the commission which codified the insular laws in 1900 and 1901, are municipal in character, with a local council and mayor. There is in all our dependencies a much greater power of central supervision and guidance over the local districts in order to insure the efficient maintenance of new American methods in the local governments; but such centralization as exists is vastly less in extent than that maintained under Spanish dominion.

Of all our new possessions it may be said that certain fundamental needs are apparent and that the governments for perhaps another decade may be obliged to concentrate attention upon these vital questions; they are roads, schools, agricultural and industrial development and a just system of taxation. For some reason Congress has not provided for immediate action on a large scale in the first two of these fields. Because of the slow and painful progress which is being made in road-building, particularly in the Philippines, vast sections of the most fertile and productive land are excluded from markets. All the island dependencies are taxing their resources to the full limit for road-building but when it is remembered that in the Philippines and Porto Rico under Spanish control few roads of permanent value were constructed and maintained, the amounts now expended seem inadequate. In the Philippines the difficulty was aggravated by the refusal of Congress