* * *

clearly reflected the view of the Congress which passed it that, before independence should be granted, certain additional progress on the part of the people of the Philippine Islands would be necessary in order that they might thereby "be the better prepared to fully assume the responsibilities of complete independence. At the time when the organic act was passed, a stable government, established and maintained under American control and supervision, was actually in operation and had been in existence in the Philippine Islands for approximately 15 years. Congress was certainly aware of that fact. Neither in the preamble to the organic act, nor elsewhere, has Congress ever promised independence to the Filipino people at a particular date or within any specific or approximate period of years; and any claim that the United States has failed to keep its promises to the Filipino people with reference to independence is wholly without foundation. The full test of the preamble to the organic act must be considered and must be viewed against the background of the related facts.

Although a stable government, established under American control and direction, obviously existed in the Philippine Islands when the organic act was passed, Congress, in that act, neither set a definite time for independence nor did it include in the act any specific provisions for the subsequent inauguration of an independent Philippine government. The reason for those omissions is not open to doubt. When Congress, in the preamble to the organic act, referred to a "stable government" it had in mind a government which would depend for its stability not upon the sustaining arm of the United States but upon further and adequate preparation of the Filipino people to meet the responsibilities that complete independence would necessarily entail. That the omission of a specific date for independence was the result of no oversight is proven beyond question by the following facts: During the consideration by Congress in 1916 of the legislation which later took form as the organic act the Clarke amendment, fixing a definite period within which independence should be granted, passed the Senate by the deciding vote of the Vice President. It was subsequently twice rejected in the House of Representatives on May 1, 1916, by votes of 193 to 151 and 213 to 165, respectively. Following the rejection of the Clarke amendment in the House, and the defeat of a motion to adjourn presented by a proponent of early independence, the following instruction to the House conferees was adopted by a vote of 203 to 154:

"That the managers on the part of the House are instructed not to agree to any declaration or provision setting a definite time or fixing a definite period at or within which the Philippines shall be granted independence." (P. 8184, Cong. Rec., May 1, 1916.)

The practical question now to be faced is not whether the government which has been and is now being maintained in the Philippine Islands by the power and aid of the United States is stable. That fact is self-evident and was evident when the organic act of 1916 was passed. The real point at issue is whether or not the Filipino people are now adequately prepared to establish a government the stability of which, without the protection and assistance incident to United States sovereignty, is reasonably indicated. The answer to that question must be sought not in statements of political abstractions but in a fair and impartial examination of the economic, social, political, and international conditions with which an independent Philippine government would be confronted.

Congress may, of course, now conclude that complete independence should be granted to the Filipino people regardless of whether or not they are adequately prepared to establish a stable government based upon their own powers, resources, and conditions. Any such conclusion, however, would reflect, not a logical confirmation, but a fundamental modification, of the purpose set forth in the preamble to the organic act of 1916. It would constitute a negation and abandonment, not only of the declaration in that preamble, but of the established American policy with reference to the Philippine Islands, as set forth in official pronouncements of the last 30 years. Two salient purposes stand out clearly in that long series of pronouncements. The first is that ultimate independence will not be denied to the Filipino people when they are reasonably prepared therefor. The second is that Âmerican sovereignty and control shall not be withdrawn from the Philippine Islands until American obligations there shall have been duly fulfilled and adequate preparation of the Filipino people for an independent national existence shall have been reasonably achieved.

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11. FURTHER COMMENT IN REFERENCE TO CERTAIN FEATURES OF S. 3377

Section 1: It would seem unnecessary for the bill to designate the building and chamber in which the Constitutional Convention shall hold its sessions. (Lines 7-8, p. 1.)

An appropriate period should elapse between the passage by the Philippine legislature of the enabling provisions and the date of the election. Such a period The name "Commonwealth of the Philippine Islands" appears at places in the bill as Philippine Commonwealth." (Lines 2-3, p. 2.)

of not less than three months is suggested. (Line 1, p. 2.)

The words "10th day of December, 1898" should read "11th day of April, 1899." (Line 7, p. 2.)

Provision should be made for excepting and excluding from the jurisdiction and control of the new government such areas as may be reserved for the purposes of the United States. (Line 11, p. 2.)

Section 2: This section authorizes the inclusion in the constitution of certain provisions, required to be effective pending the final and complete withdrawal of United States sovereignty.

The bill elsewhere (secs. 9 and 13) provides for the continuance in effect, pending alteration, amendment or repeal by proper authority, of certain laws not in conflict with any provisions of the bill. There are many provisions of existing United States law which apply to the Philippine Islands and would not appear to be necessarily in conflict with S. 3377. Among them may be mentioned sections 3, 4, and 5 and parts of sections 10, 19, and 26 of the organic act and section 7 of the act of Congress of February 13, 1925, reference the Supreme Court of the Philippine Islands.

No occasion is seen, under the assumptions upon which the pending legislation is apparently based (see par. 12, hereinafter) for a general reconstitution of the government of the Philippine Islands in the brief period which the bill contemplates before independence. There is no need for the disruption of the present governmental system during the few remaining years of United States Sovereignty which the bill has in view; and there is every reason why American control and direction should not be weakened during a period in which American responsibilities will, if anything, be increased under the conditions which may be expected to precede the imminent withdrawal of American sovereignty. It is not believed to be necessary or expedient to formulate, adopt, and put in effect, for a period of a few years, what would be, in effect, a temporary constitution, complicated by a series of miscellaneous provisions inserted at the mandate of the United States. Furthermore, so long as American sovereignty in the Philippine Islands continues, it is believed that it would be most unfortunate for Congress to enact legislation which, on its face, contains implications such as that the allegiance of citizens of the Philippine Islands to the United States (sec. 2 (a)), or the right of the United States to maintain armed forces in the Philippine Islands (sec. 2 (1)) is contingent upon the inclusion of any such provisions in a temporary Philippine constitution.

It is recommended that there be omitted from the procedure outlined in connection with early independence as contemplated in the bill all consideration of a Philippine constitution to be effective during the remaining brief period under American sovereignty which the bill has in view. For that period, existing United States legislation, with a few additions and amendments, will amply suffice and much needless change and confusion will thereby be eliminated. No serious-minded person, with real knowledge of conditions in the Philippine Islands, is apt to contend that, whatever may be the merits or disadvantages incident to American sovereignty in the Philippine Islands, the continuance for a few years of the present governmental system would involve any suggestion of American tyranny or oppression.

It is further recommended that, should your committee still deem it advisable to disturb the gradual accumulation of Philippine legislation and experience, effected over a period of 30 years, in order to inaugurate a constitutional experiment in the Philippine Islands for a 5-year period, the constitution to be thus put in effect under American sovereignty, do not include, provisions such as are incorporated in the several subsections of section 2. Any such provisions, not adequately covered by existing United States legislation, and intended to be effective during the period of American sovereignty, should preferably be covered directly by supplementary United States legislation rather than by incorporation by United States legislative mandate, in what purports to be a constitution' formulated and adopted by the Filipino people.

Section 3: Should provisions for a constitution, under United States sovereignty, be retained in effect as contemplated in the bill, formulation and adoption of that constitution by the constitutional convention, will, it is believed, serve all necessary purposes as regards Philippine ratification. A popular vote on that constitution would appear to be unnecessary and expensive. The inclusion of a popular vote in the procedure would greatly increase the expense and delay in case the constitution were returned by the President for further consideration under section 4.

Section 4: The periods provided for consideration of the constitution by the Congress appear to be too brief. The provision for return of the constitution for further consideration, ratification, and submission appears to involve needless expense and delay.

As regards any constitution which would not become effective until independence, congressional approval would appear to be necessary only as regards those provisions to be irrevocable without the consent of the United States.

12. GENERAL COMMENT AND CERTAIN RECOMMENDATIONS

The general course of action represented by the bill can be justified only on the assumption that the economic, social, and political preparation of the people of the Philippine Islands for independence is now practically completed. If that assumption be correct, and if it be accepted that Congress has the power to alienate United States sovereignty over the Philippine Islands, the principal congressional legislation now indicated would appear to include the enactment of legislation, of relatively limited scope, which would supplement and amend in certain respects existing legislation regarding the Philippine Islands. Such legislation might appropriately be directed to effecting, as regards existing Philippine legislation, certain modifications properly incident to the continued conduct of the government of the Philippine Islands, under American sovereignty, during the few remaining years which the bill contemplates before complete and final independence. The indicated legislation should also include: Provision for the transfer, at the proper time, to the government of the Philippine Islands, of all immovable property of the United States within the territorial jurisdiction of that government, except such property as may be retained for use of the United States Government and its officials after as well as before independence; provision for the retention and governmental administration of any lands and waters of the Philippine Islands which may be retained by the United States and may not be included in the territorial jurisdiction granted to the independent government to be established in the Philippine Islands; provision for appropriate repeal, effective as of the date when the independent government begins to function, of all laws of the United States having in contemplation the Philippine Islands as territory subject to the jurisdiction of the United States, in so far as such laws may affect statutes of the United States of general application; provisions outlying and authorizing procedure appropriate for the formulation and adoption of a constitution for an independent government of the Philippine Islands; provision to insure the incorporation, in that constitution, of certain provisions, irrevocable without the consent of the United States, together with a commitment of the government of the Philippine Islands to the effect that such provisions shall subsequently be incorporated in a permanent treaty with the United States; provision for approval by the United States Congress of so much of that constitution as reflects the provisions and commitment mentioned in the preceding clause; provision for the selection and announcement of the initial officials to assume office under the constitution; and provision for the transfer of governmental functions to the independent Philippine government at the time which may be fixed.

13. CONCLUSIONS

It is my sincere and honest conviction, based upon long and careful study of the facts, supplemented by a recent personal visit to the Philippine Islands, and by numerous conferences with Filipinos, Americans, and others who are well informed as to condition in the Philippine Islands, that American obligations in those islands are not yet duly discharged nor the Filipino people yet adequately prepared to assume the responsibilities incident to complete independence. I am satisfied that the stability of the present government of the Philippine Islands is still dependent, as it was when the organic act was passed in 1916, upon economic and other conditions incident to a further continuance of American sovereignty

in the Philippine Islands. It is my further firm belief that neither the due discharge of our obligations with respect to the Philippine Islands nor the further preparation which the Filipino people must achieve before independence may safely be granted them can be accomplished, either within the period or by the means set forth in the provisions of bill S. 3377.

14. EFFECT TO BE ANTICIPATED FROM A POSSIBLE EXTENSION OF THE PERIOD PROVIDED IN THE BILL FOR THE EXISTENCE OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINE ISLANDS

Under the terms of the bill the existence of the government of the Commonwealth of the Philippine Islands is limited to about five years. The question may arise as to whether the unfortunate effects anticipated from the operations of the bill in its present form would be mitigated or eliminated by an extension of the existence under American sovereignty, of the government of the Commonwealth of the Philippine Islands.

Any real solution of the present Philippine problem will necessarily involve three essential factors. One is time. The second is a suitable readjustment of the existing trade relations of the Philippine Islands. The third is the maintenance in the Philippine Islands, during whatever period may precede independence, of a government reflecting American control and supervision adequate to meet the American responsibilities that will necessarily continue throughout that period. Extension of the life of the government of the Commonwealth of the Philippine Island would tend to solve the factor of time. Unless, however, the period of its life were very materially extended, it would not solve adequately the time factor. The bill does not include provisions reflecting any adequate program for the adjustment of Philippine trade relations to a sound and stable basis. The governmental system contemplated in the bill does not provide effective powers of American control and supervision and hence contains no adequate assurance that American responsibilities would be duly met under that form of government. It follows that mere extension of the period that this bill might operate prior to independence would not constitute a satisfactory solution of the problems with which we are confronted. Such extension may enable some of those who may be responsible for initiating the experiment to escape witnessing its failure. It would probably enable certain large investments in the Philippine Islands to be largely or completely liquidated. There is every reason to believe that it would not prove to be in the ultimate best interests of either the American or the Filipino people.

(In the following communication, the Secretary of War submitted a statement of the attitude of the War Department in reference to the Vandenberg bill, S. 3080, "to enable the people of the Philippine Islands to adopt a constitution and form a government for the Philippine Islands and to provide for the future political status of the same":)

Hon. HIRAM BINGHAM,

WAR DEPARTMENT, Washington.

Chairman Committee on Territories and Insular Affairs,

United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: 1. I have your letter of January 19, 1932, with its inclosure consisting of a bill (S. 3080, 72d Cong., 1st sess.) entitled "A bill to enable the people of the Philippine Islands to adopt a constitution and form a government for the Philippine Islands and to provide for the future political status of the same." You indicate that it is the desire of your committee to receive a statement as to the attitude of the War Department toward this bill.

2. An examination of the provisions of the bill indicates that the proposed legislation is founded, first, upon the announced American policy of ultimate independence for the Philippine Islands at such time as the Filipino people can establish a stable independent government, and, second, upon the fact that the capacity of a government "to function in its economic aspects" is an essential element of stability. The several sections of the bill contain provisions evidently designed to bring about, primarily through a series of successive readjustments of existing trade relations between the Philippine Islands and the United States, conditions under which the ultimate change from American sovereignty to an independent government may be effected without sudden and disastrous shock to the economic and social status of the Filipino people. Provision is made for

the distribution of the corresponding trade readjustments over a period of approximately 20 years, the initiative as regards each successive step to be taken by the Philippine Legislature. Under the terms of the bill, successive increments in reciprocal customs duties would be applied to Philippine-American trade and would be accompanied by progressive restriction of Filipino immigration to the United States. When, and if, this progressive modification of existing trade relations shall have reached a point where the resulting conditions are approaching those presumably expected to exist between an independent Philippine state and the United States, provision is made for a popular vote of the Filipino people for or against independence with two stated features. One feature is that independence shall be accompanied by restricted Filipino immigration to the United States in accordance with an indicated quota. The other feature is that there shall be “a 20 per cent preferential in tariff duties between the United States and the Philippine Islands." It is understood that the preferential is intended to be reciprocal. In case the majority of votes should be cast in favor of independence under the conditions stated, provision is made for the election of delegates to a constitutional convention in the Philippine Islands "to formulate and draft a constitution for a free and independent government of the Philippine Islands" and for the inclusion therein (or in an ordinance appended thereto) of certain stated features. The constitution so formed, together with any separate related proposition, would then "be submitted to the people of the Philippine Islands for their ratification or rejection" in an election to be held in such manner, and at such time (not later than six months after the completion of the constitution) as the Philippine Legislature may prescribe. In case that a majority of votes then cast should be "for the constitution," the bill provides for the submission of the "constitution and ordinances” to the President of the United States and for the effecting of changes necessary to meet any objections which the President may raise. Additional provisions contemplate that, after the completion of the constitution in final form, an early election shall be held for the officials therein provided; that the returns of the election shall be certified by the Governor General to the President; that the President shall, within 30 days after the receipt of such certification, issue a proclamation reciting the appropriate facts and designating a time, not later than six months after the issuance of the proclamation, when the government of the Philippine Islands shall be turned over to the duly elected officers; and that such officers shall thereupon begin to function under the constitution. It is further provided in the bill (sec. 10).

"At the time designated the President of the United States shall permanently withdraw and surrender all rights of possession, jurisdiction, and sovereignty 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."

The bill finally provides (sec. 11):

"This act shall not take effect until ratified by the Philippine Legislature.” Provision is also made in the bill for the withdrawal, from time to time, by proclamation of the President, issued at the initiative of the Philippine Legislature, of either all, or all but a small percentage, of the customs duties and immigration restrictions which may have been imposed under the act prior to such initiative; for the remission (subsec. 1 (a)) to the Government of the Philippine Islands of the initial percentage (10 per cent) of United States customs duties paid upon articles coming into the United States from the Philippine Islands; for the disbursement (subsec. 1 (a)) of such remitted revenues, on the order of the Governor General, for one or both of two stated purposes; for the assignment of a United States Foreign Service officer, under such regulations as the Secretary of State may prescribe, for duty in the Philippine Islands in connection with the administration of the immigration laws; for an elective Vice Governor of the Philippine Islands and the abolishment of the present appointive office of vice governor; and for repeal of that provision of the present organic act which prescribes that the vice governor shall be ex officio head of the department of public instruction.

The bill further provides that if the Philippine Legislature shall, within any one of certain stated periods, petition for the withdrawal of customs duties and immigration restrictions previously imposed at its initiative, the succeeding provisions of the act shall not be operative. It is also provided that the succeeding provisions of the act shall not be operative in case the Philippine Legislature shall fail to take the appropriate initiative for the imposition of the second, third, or fourth increment of customs duties and immigration restrictions. A somewhat