The Open court

^be ©pen Gourt

A MONTHLY MAGAZINE

H)cvote^ to tbe Science of IReliGlon, tbe IReliGion ot Science, ant) tbc
leitension ot tbe IReliaious parliament irt)ea

Editor: Dr. Paul Cards, j„^^„,^. . j E. C, Hegeler.

Assistant Editor: T. J. McCormack. Assoaates. ^ ^^^^ Carus.

VOL. XIV. (no. 2) February, 1900. NO. 525

CONTENTS:

Frontispiece. Eros and Psyche.

Eros and Psyche. Retold after Apuleius. With Illustrations by Paul Thu-

MANN 65

Expansion, but Not Imperialism. Editor 87

The Constitution and the ^^Open Door.'' Roscoe C. E. Brown 95

China and the Philippines. Editor 108

American War Sottgs. C. Crozat Converse, LL. D iii

Gospel Parallels from Pdli Texts. Translated from the Originals by Albert

J. Edmunds 114

Comment on Eros and Psyche iig

The International Congresses of the IVorld's Exposition at Paris, in igoo. . 120

Popular Music 122

Life After Death. A Comment on Hoffmann's Story of Tante Fritzchen.

The Rev. J. Cleveland Hall 123

The Cross in Japanese Heraldry. N.W.J, Hayden 124

Book Notices and Notes 125

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Copyright, 1900, by The Open Court Publishing Co. Entered at the Chicago Post Office as Second-Class Matter-

^be ©pen Court

A MONTHLY MAGAZINE

2)cvote& to tbe Science of IRelf gion, tbe IReltafon of Science, an& tbc
Bitension of tbe IReligious {Parliament irc>ea

Editor: Dr. Paul Carus, ji„„^„t , . J E- C. Hegblkr.

Assistant Editor: T. J. McCormack. ^ssonaies. ^ ^^^^ Carus.

VOL. XIV. (no. 2) February, 1900. NO. 525

CONTENTS:

Frontispiece. Eros and Psyche. |

Eros and Psyche. Retold after Apuleius. With Illustrations by Paul Thu-

MANN 65

Expansion, but Not Imperialism. Editor 87

The Constitution and the ^' Open Door.'' Roscoe C. E. Brown 95

China and the Philippines. Editor 108

American War Songs. C. Crozat Converse, LL. D iii

Gospel Parallels frotn Pdli Texts. Translated from the Originals by Albert

J. Edmunds 114

Comment on Eros and Psyche iig

The International Congresses of the World's Exposition at Paris, in igoo. . 120

Popular Music 122

Life After Death. A Comment on Hoffmann's Story of Tante Fritzchen.

The Rev. J. Cleveland Hall 123

The Cross in Japanese Heraldry. N. W. J. Hayden 124

Book Notices and Notes 125

CHICAGO

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LONDON : Kegan Paul, Trench, Trubner & Co., Ltd.
Single copies, 10 cents (6d.). Annually, $1.00. In the U. P. U., 5s. 6d.

Copyright, 1900, by The Open Court Publishing Co. Entered at the Chicago Post Ofl5ce as Second-Class Matter

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EXPANSION, BUT NOT IMPERIALISM.

BY THE EDITOR.

[The speeches of Senators Beveridge and Hoar have attracted much attention
all over the country, but neither the one nor the other has, in our opinion, pre-
sented the right solution of the question. In a debate which took place on Jan, 17,
igoo, before the Sunset Club of Chicago, the editor of llie Open Court made some
comments along the lines in which he has treated the subject from time to time in
incidental notes in these pages. The following article is an expansion of his re-
marks.]

ON the question of the Philippines, our nation is divided into
two parties: (i) the expansionists, and (2) the anti-imperial-
ists. They are represented in the Senate by Beveridge, and by
Hoar, and here in the Sunset Club by Col. J. H. Davidson and the
Rev. Jenkin Lloyd Jones. ^

The expansionists declare that we should not let slip the op-
portunity of growing in power and expanding into an empire that
the world must reckon with and that in the future will make its
influence felt all over the globe. The anti-imperialists take their
stand upon high moral ground and urge us, not without some dis-
play of sentiment, to remain faithful to the ideal of liberty as out-
lined in our Declaration of Independence.

There is much that is right and good on either side. Both
parties emphasise a truth, and I fail to see that the two views
should not be reconcilable. In fact, I claim that on the main
points, omitting all incidentals, they do not clash at all, and may
be combined in the proposition Expa?ision, but not imperialism,
which, I trust, will finally be accepted by the nation at large.

Let our new acquisitions, which de facto, by right of conquest

IThe present article is a resume of the editorial views on expansion, and we hope that our
readers will forgive us for repeating some of the arguments presented in former numbers of The
Open Court. See " Cuba as an Allied Republic of the United States," November 189S, pp. 690-993 ;
"Americanism and Expansion," April 1899, pp. 215-223; "The Filipino Question," June 1899, pp
375-6; and "The Philippine Imbroglio," August 1S99, pp. 504-5.

88 THE OPEN COURT.

and treaty of peace, are now our dependencies, be established as
federal republics enjoying home rule in agreement with their own
wishes and according to the character of their nationalities. ^ When
dealing with them, let us avoid the very terms "dependency" and
"subject"; let us call them, and in every respect treat them as,
independent allies and let us allow them sovereignty in their own
sphere of political life. But while we should give independence to
Cuba, Porto Rico, and the Philippines, we need not abandon the
strongholds and harbor defences of these islands. We might hold
them as federal fortifications, but we must hold them under all
circumstances, and I go so far as to claim that it is the duty of the
United States government to retain them, for they are indispens-
able to the maintenance of our interests in the world's politics;
and they have fallen into our hands, not by chance, but through
the necessity of our historical development, which led to a conflict
with Spain and pitted the representatives of two opposed prin-
ciples against one another upon the very spots where their inter-
ests collided.

As to the Philippines'^ the best plan may prove to be a division
of the territory into various states with different constitutions ac-
cording to local requirements, ethnological as well as religious.
The Mussulmans, the various mountain tribes, the Filipinos, the
European colonists of the city of Manila, etc., are too disparate
elements to enter as homogeneous ingredients into the plan of a
comprehensive Philippine Republic.^ But the various districts
might be independent and might form a loose confederacy under
the presidency of the United States; and a federal supreme court
should be instituted as a court of last appeal in all affairs, civil
litigations and criminal proceedings. It would be the duty of the

iThe question of the constitutionality of the Open Door policy which in the present number
is so ably handled by Mi. Roscoe C. E. Brown is a legitimate problem if our new acquisitions are
to be treated as dependencies the laws governing which must be manufactured at Washington.
But the question could not be raised at all if the proposition were accepted which we advocate
as the only practicable solution. It is obvious that whatever relations may be covered by the name
of this alliance, our Constitution can have no direct bearing on the administration or methods
of taxation in the islands. For further details see the article "China and the Philippines," on
p. £££ of the present number.

2 We say " the Philippines," not the Filipinos, for the Filipinos are only a part of the inhab-
itants of the Philippines. We must not forget that the European residents in Manila have a
right, too, to make their wishes respected. In addition there are other tribes and residents.
Aguinaldo represents only a fraction of the Filipinos.

3 If we attempt to govern the Philippine Islands, we would be responsible for the laws that
prevail there, and the criticism of the anti-imperialists that we sanction slavery and polygamy
would be just. But if we make of the Sulu Mohammedans a federal state, we could not be blamed
for their institutions, and all that can be expected of us would be that we exercise a moral influ-
ence upon our allies which will finally lead to the abolition of institutions which are not com
patible with our own ideals of civilised life.

EXPANSION, HUT NOT IMPERIALISM. 8g

latter so to construe the laws of the different states that they would
not lead to collisions and would be interpreted in the spirit of mod-
ern civilisation and humaneness.

There are imperialists who claim that the Filipinos are not fit
to govern themselves. It may be. But have we not large classes
in the United States that in this respect are no whit better?

If the inhabitants of our conquered territories are not yet fit to
govern themselves (as is so frequently claimed), let us teach them
the principles of self-government; and I feel sure that according to
the old maxim, docendo discimus, we ourselves shall be able to profit
by these lessons as much as, perhaps more than, the Filipinos.

The acquisition of the new territories will prove a test of our
own worth. Even if we make of them federal republics, our respon-
sibility does not cease entirely; and we shall naturally watch their
development with parental pride. As the education of children
exercises an educational influence on the parents themselves, so the
United States may derive unexpected blessings from a faithful
discharge of their duties toward their new wards.

There are many reasons for granting unreserved home rule
to the Philippines, but I will here mention only the one that ap-
peals most strongly to the advocates of imperialism. It is this :
that our hold on the islands will be strongest if we grant to the in-
habitants perfect independence. If we subdue them they will be
our enemies. Quoi servi tot hostes. Let the natives of the Philip-
pines and of all the other new territories elect their own magistrates
and attend to the policing of the country by men of their own
choice, of their own language, of their own nationality, and accord-
ing to principles which they deem best. The easiest way of gov-
erning people, be they colonists or a conquered race, is by giving
them local self-government. The more independent they feel the
more satisfied they will be.

If we guarantee the inhabitants of the Philippines their liberty,
they will prove themselves to be sincere allies, and in critical times
we may rely upon their friendship.

But why should we not abandon the islands entirely ? Why
should we not with the anti-imperialists say that we have no busi-
ness in Havana and Manila ?

Did you ever consider that from the harbors of Cuba and Porto
Rico a bold though weak enemy could destroy within a week our
entire coast trade and harrass our maritime cities with impunity?
Havana, Cienfuegos, Santiago de Cuba, San Juan of Porto Rico,
command the seas that wash our ghores, and without them the

go THE OPEN COURT.

canal that is to unite the two greatest oceans of the world cannot
be controlled. The possession of these strongholds is of vital in-
terest to us and should not be left to the accidents of the home
politics of the islands.

The same (in a modified form ) is true of the fortifications of
Manila Bay, of Apia, and Honolulu. To surrender any one of
these fortifications would be treason toward the mission of the
United States. Cavite in hostile hands would, in the emergency of
war, be a formidable weapon against us, but Manila Bay in our
possession will serve our navy for a basis of operation and will
offer our merchantmen in the far East a convenient place of refuge.

The idea that the business of the United States is at home,
and that the Illinois farmer has no interest beyond the territory
which he plows, is a grave mistake. The world is one great organ-
ism, and if we cannot, or dare not, take a strong stand in the Gulf
and in the Pacific we shall soon see our national life crippled in
our own country. If we want to stand up for American principles
in contrast to European principles, we must look out for the future
and strengthen our position which is much weaker than our national
vanity would admit. It is not enough to talk about ideals, we must
work for them and, if need be, fight for them.

Aye, to fight for them! There is the rub. Our friends, the anti-
imperialists, as a rule, denounce war and speak of the dangers of
standing armies and militarism. But this world is a world of strug-
gle; and he who dees not struggle will be trampled under foot.

War is terrible, but we cannot change the constitution of the
universe, the plan of which is to bring out nobler qualities by com-
bat and competition. We can replace the crude modes of battle
with more refined methods, the club with the gun and the gun with
legal argument; but even a lawsuit remains a struggle, and the
stronger one conquers.

Strength is an indispensable quality, but there is this comfort
that brute force prevails only for the moment, and strength not
allied with justice cannot stand. It is right that gives to power
endurance, in which sense the saying is true that right is might.

Arbitration will become a more and more acceptable way of
settling international disputes; but we shall see that arbitration will
be decided in favor of that side which in case of war would win.
The United States are a peaceful nation, but they will remain at
peace only so long as they are strong enough to defend themselves
against foreign infringement.

As to militarism I claim, first, that it is dangerous only when

EXPANSION, BUT NOT IMPERIALISM. QI

the life of the nation is rotten. Secondly, if we grant the newly
acquired territories home rule, we shall have as little need of a
standing army in the Philippines as we have here among us to-day
for the sake of keeping the United States loyal to the Union. And,
thirdly, what we need to maintain ourselves in the struggle for ex-
istence among the nations of the world is not a strong army but a
strong navy, and no one has as yet claimed that the navy might
become dangerous to the liberties of the nation.^

We wrong no one in retaining these harbor defences of the
islands ceded to us by Spain ; for certainly neither Aguinaldo nor
any of his followers has a better title to the possession of Cavite.
The Filipinos are not the only inhabitants of the Philippines; the
colonists of European extraction have no less a right to life and
liberty in the islands; diXid we have the same right as they to go
there. Let our navy, whom destiny and duty brought thither, in
the name of our government have and hold what through an in-
evitable course of events fell into their hands.

By granting independence and home rule, nay, even sover-
eignty, to the inhabitants of the islands, but retaining the strong-
holds of the country, we can be good expansionists and at the
same time thorough anti-imperialists.

Allow me here to make an incidental comment as to the nature
of sovereignty, what it involves and what it does not involve. Sov-
ereignty means independence and involves the right of administer-
ing one's own affairs without the intrusion of outsiders. But the
sovereignty of a state or a monarchy does not necessarily involve

1 Militarism is dangerous in France, because there is somethirg rotten in the Republic, but it
is not dangerous in Germany. Most of the Germans who denounce the German army as an un-
bearable burden or an imperialistic institution are deserters or people who left the fatherland
merely to shirk their military duty. They know not whereof they speak. The army is a two-
edged sword, which the government is very fearful of using fcr selfish ends, for they know very
well that they could not use it twice with success. The author of this article served in the Prus-
sian field artillery, regiment No. 17, and was attached as a lieutenant of the reserves to the Saxon
artillery, regiment No. 12, until he became naturalised as a citizen of the United States, and he
challenges anybody to deny that the regulations of the German army have a good deal of demo-
cratic principle in them. There is no respect of person but duty rules supreme and the prac-
tical application of this rule is one, perhaps the main, reason of its strength.

So long as they were warlike, so long as they were ready to fight for their ideals and the ex-
pansion of their kind of civilisation with sword in hand, the Roman Republic stood unshaken,
but when they became refined by the luxuries of peace and left the glory of dying for their coun
try to mercenary soldiers, Rome degenerated and the establishment of Ca'^sarism became neces-
sary as the best thing that could be had under the circumstances. Militarism in itself does not
endanger liberty ; but lack of strength and flabby love of peace at home and abroad do.

One of the speakers at the Sunset Club praised Mr. Gladstone's love of peace ; but please
bear in mind that by his principles of avoiding war he encouraged England's enemies, and the
whig ministry had to wage more wars than its Tory predecessor Lord Palmerston.

Far from being a noble and moral principle, the ideal of peace at any price is mere seuti-
mentalism, and is as immoral as the ovine morality of those who admire the sheep for its good
nature in allowing itself to be devoured by the wolf.

92 THE OPEN COURT.

the regulation of import duties, and a series of rights which are
exercised b)' the representatives of a confederation of two or sev-
eral allied sovereign states. Thus, the states of our Union are sov-
ereign states, and so in Germany are the kingdoms of Bavaria, Wiir-
temberg, and Saxony; but they, as such, have no representatives
at foreign courts; they have under their control no standing armies,
nor do they possess the right of levying duties or any other indirect
taxes. There is no need of entering into details, as it will be
sufficient to indicate that the sphere of regulating international
relations is a province of its own which does not necessarily belong
to the institution of home rule.

It is in the interests of the islands themselves that we should
reserve to ourselves, at least at present, the regulation of their
international relations, for thus alone can they be protected against
foreign encroachments which, for instance, Hayti has suffered
repeatedly at the hands of European powers; and the mode in
which we should in the course of time change this condition may
fairly be left to future developments.

Let us look out for advantages that are real, which consist in
the expansion of our industries and our commerce, including the
possession of a few important strongholds of strategic importance
for the protection of our interests in cases of war, but not in the
acquisition of territorial possessions with the right to interfere with
the home politics of other nations, which only increases our respon-
sibilities, leads to complications of incalculable intricacy, and ren-
ders our position precarious.

Under all circumstances the policy of changing our dependen-
cies into federal republics as independent as possible in their home
politics seems to be the most promising, the easiest, and the best
method of dealing with the intricate questions that arise from our
territorial expansion. We should have in that case all the advan-
tages which other nations have through actual possession, and
should be relieved of the responsibility of detailed management,
which, after all, is a risk and a danger, bringing no returns what-
ever, except perhaps to a few ofifice-hunters, to keep out whom
would be a great blessing and would save our nation the unpleas-
ant experience of making itself obnoxious to its new allies.

Genuine expansion carries the principles of our own history
with it and extends the blessings as well as the responsibilities of
home rule to those who come under our influence. Imperialism
however is a mere external show of expansion without any actual
benefit. Imperialism would weaken our position in the world.

EXPANSION, BUT NOT IMPERIALISM. 93

But because we should not allow our country to drift into imperial-
ism, we must not set our face against expansion. Why should we?
If the feet of our boys are growing shall we not allow them to wear
boots of a larger size?

The anti-imperialists claim that expansion is a new departure
in the history of the United States, but this is an error. We have
been expanding since the very day that the thirteen colonies con-
stituted themselves as states, and an irony of fate which is so often
visible in history placed Thomas Jefferson, the leader of the anti-
imperialists, then called Whigs or anti-federalists, in power at the
very moment when the first opportunity offered itself of a most im-
portant expansion. James Monroe, the Whig ambassador of the
United States, reached Paris in 1803 at the time when France was
preparing for war with Great Britain; and the French government
offered to the United States for ^15,000,000 that large tract of terri-
tory then called Louisiana, covering the entire Mississippi valley
including the whole state of Illinois with our good city of Chicago
and extending northward to Canada. The Whig ambassador did
not hesitate to conclude the bargain, and the Whig president en-
dorsed it, although it was fundamentally and directl}' opposed to
his anti-imperialistic interpretation of the constitution. He felt
urged to excuse his conduct by saying that he "acted like a guard-
ian who makes an unauthorised purchase for the benefit of his
ward, trusting that the latter will afterwards ratify it]" but he for-
got to ask the consent of both parties concerned, the people of the
United States and the inhabitants of Louisiana, and perhaps with
good reasons; for the latter, then consisting mainly of French colo-
nists, would undoubtedly have as vigorously protested against the
ratification of the bargain as the present inhabitants are satisfied
with it. Think what would have become of the United States if
England had taken the Mississippi valley which at this critical mo-
ment was prevented only by an anti-imperialist acting according
to the principles of imperialism !

We grant that the present administration made mistakes, but
we ought to be charitable; for it is likely that the anti-expansion-
ists, if they had been in power, would have done no better. The
situation was difficult, and criticism is easy. They will always be
"antis"; some people are born so. It is probable that if the
"antis" had been in power, they would be expansionists now ; and
if not, if they had withdrawn from the islands, the situation there
would be worse than it is at present.

If the purchase of Louisiana had been made by a federalist

94 THE OPEN COURT.

president, would not Mr. Jefferson have censured him severely for
the unwarranted trespass of his power? Since the silver issue has
worn out, the "antis" need a new campaign cry, and it seems that
anti-expansion is the best obtainable.

One more word. Cuba seemed to be a witches' cauldron of
restlessness and yet our relation to the island is so far quite satis-
factory. On the other hand, the Filipinos were regarded as a peace-
ful nation who would be easily managed and might quickly be
Americanised. Yet we have trouble upon trouble with them and
in spite of many official announcements that the end of the revolu-
tion is near on hand, their pacification is still unaccomplished. And
why? because the United States government was careful enough to
treat Cuba according to the principle here sketched out, but did
not deem the same consideration necessary for the Filipinos.

Let us heed the lesson which these facts teach.

THE CONSTITUTION AND THE "OPEN DOOR."

I!V ROSCOE C. E. IJROWN.

IS THE "open door" in the Philippines a "political myth"?
Has the Government of the United States exceeded its powers
and promised what it cannot perform in announcing to the nations
through its Peace Commissioners at Paris its policy "to maintain
in the Philippines an open door to the world's commerce"? With
the near prospect of the restoration of normal conditions in the
islands these become practical questions. On the answer to them
will depend our power to make our Asiatic possessions an aid to
the liberal trade policy which we in common with Great Britain are
trying to uphold in China, instead of having our presence in the
Orient a stumbling-block in our own commercial path and an irri-
tation to the rest of the world.

Those who hold that no separate tariff for the Philippines is
possible base their opinion on the Constitutional provision :

' ' The congress shall have power :

"To lay and collect taxes, duties, imposts and excises; to pay the debts, and
provide for the common defence and general welfare of the United States ; but all
duties, imposts and excises shall be uniform throughout the United States."

The interpretation of this rule as applying to our new posses-
sions requires the assumption, first, that all territories of the United
States under all conditions are within the United States in the
meaning of the Constitution, and, secondly, that in the view of the
organic law the Philippines cannot possibly be differentiated from
continental territory. Two cases in the Supreme Court are relied
upon to uphold the first contention. One is the dictum of Chief
Justice Marshall^ in 1820. Arguing that Congress had power to
extend a general direct tax to the District of Columbia, the Chief
Justice remarked :

iLoughhorougli vs. Blake, 5 Wheaton 319.

g6 THE OPEN COURT.

"The power, then, to lay and collect duties, imposts and excises may be ex-
ercised, and must be exercised, throughout the United States. Does this term des-
ignate the whole or any particular portion of the American empire ? Certainly this
question can admit of but one answer. It is the name given to our great Republic
which is composed of States and Territories."

More directly touching the Philippine tariff question is the
decision of the Supreme Court ^ upholding the collection of duties
under the United States tariff, without action of Congress or the
establishment of a collection district, in California in 1849. Justice
Wayne in his opinion said :

" By the ratifications of the treaty California became a part of the United
States. And as there is nothing differently stipulated in the treaty with respect to
commerce, it became instantly bound and privileged by the laws which Congress
had passed to raise a revenue from duties on imports and tonnage. . . .

"The right claimed to land foreign goods within the United States at any
place out of a collection district, if allowed, would be a violation of that provision
in the Constitution which enjoins that all duties, imposts and excises shall be uni-
form throughout the United States."

Cliange "California" to "the Philippines," it is said, and the
open door is closed. True, it might be, if the Supreme Court, on
the case being presented to it, were to decide that with the trans-
position that decision was still good law. There are many reasons
to believe, however, that on review the Court might hold that even
our continental territories were outside the United States of the
Constitution, and that its tariff applied to them from convenience
and not from necessity. And, even if it did not, it is still a far cry
from American California to the Asiatic Philippines.

From the first organisation of the Government Congress has
been treating territory as in one way or another outside the Con-
stitution, governing it in violation of general provisions of the Con-
stitution which are more fundamental and less limited as to time
and place than the tariff rule, and the Supreme Court itself has re-
peatedly upheld such practices.

The original charter of the United States Bank, approved on
February 25, 1791, authorised the directors to establish offices of
discount and deposit "wheresoever they shall think fit within the
United States." On the annexation of Louisiana they desired to
establish a branch in New Orleans, but nobody considered that they
had the power to do so. By order of the House of Representa-
tives the Committee of Ways and Means of that body drafted a bill
extending the bank's privileges, and on March 23, 1804, the Presi-
dent signed the law authorising the directors to establish branches

1 Cross vs. Harrison, i6 Howard 164.

THE CONSTITUTION AND THE OPEN UOOR. 97

on the terms of the original act "in any part of the territories or
dependencies of the United States." Possibly that was an unneces-
sary law, but it clearly reveals the views of the men who had a
hand in making the Constitution about its territorial application.
It shows, too, that the idea of "dependencies" could net have been
so foreign to "the Fathers" as their descendants sometimes sup-
pose, since they, who were always splitting constitutional hairs and
living in daily fear of opening the door to tyranny, were willing to
contemplate "dependencies" in their laws.

The internal revenue laws under the Constitution are as uni-
versal and uniform in their application as the tariff laws, but it was
not until 1868 that they were by act of Congress ^ extended to apply
to all places "within the exterior boundaries of the United States."
A curious phrase that, suggesting an interior boundary beyond
which the enforcement of the revenue law is a matter of discretion.
The territories thus embraced by that act were the Indian reserva-
tions and the lands of the Civilised Tribes which the revenue col-
lector had not before invaded. But long before that an internal
boundary had been marked out for him. The first internal tax
on spirits distilled in the United States was levied by the act of
March 3, 1791, which, for the purpose of collection, ordered "that
the United States shall be divided into fourteen districts, each con-
sisting of one State." The Territories of the United States were
entirely neglected, though they had growing towns, and it was not
until 1798 that " The Annals of Congress" showed the existence of
a supervisor of internal revenue in Ohio.

The constitutional rule for direct taxes, instead of requiring
uniformity, orders that they shall be "apportioned among the sev-
eral States which may be included within this Union according to
their respective numbers." This provision is apparently co-exten-
sive with that concerning duties. If the makers of the Constitution
were so deeply concerned that the burden of indirect taxes should
be laid fairly on all, they must have been equally anxious that the
direct tax burden should be borne by all, after the method of ap-
portionment, which was considered equitable in that case. The
two clauses must be taken together, and the fact that the one in pro-
viding uniformity mentions the United States as a whole, and the
other in prescribing rules of proportion among the parts refers to
the area of taxation distributively, cannot be taken to mean that
the tax limits in the two cases are different. In the first quarter
century of the Government's operation several direct taxes were

I Section 3, 448,

g8 THE OPEN COURT.

laid, and solely in the States. Finally one was extended to terri-
tory, and in upholding it Chief Justice Marshall delivered his dic-
tum, already referred to, defining " the American Empire." He
himself felt embarrassed by his own rule, and confessed difficulty
in reconciling a tariff necessarily operative in the Territories with a
direct tax operative there or not, at the discretion of Congress. He
contented himself with deciding that at any rate, even if Congress
was not obliged to tax the Territories, it had the power to do so,
and that was the point at issue before the Court. It would seem a
good deal more natural to suppose that if Congress had discretion
in the one case it had in the other.

The original law for the collection of customs, passed July 31,
1789, divided the States into collection districts, but entirely
neglected the Territories. The only collector in the Western coun-
try was at Louisville, then in the State of Virginia, and his juris-
diction extended from the Falls of the Ohio to the mouth on the
Southern side. The territorial bank of that river was free for the
landing of goods without duty. \'ermont was left without a custom
house until its admission as a State, and so was Tennessee, but as
soon as either was admitted a port was established in it, evidently
out of scrupulous regard for the Constitution, which forbade pref-
erence to ports of one State over those of another. It was not until
1799 that the customs laws were put in force in any part of the
Northwest Territory.

When the Louisiana treaty came up for debate the preference
for French and Spanish vessels was attacked as unconstitutional.
Of course it was defensible as a reservation or "burden upon the
fee.' But having doubts of the power of the Government, even as
a condition of acquirement, to give a privilege which did not har-
monise with the Constitution, the supporters of the treaty preferred
to defend the grant as concerning things outside the Constitution.
Congressman Nicholson, one of the leaders of the House whose
word carried weight, thus stated the Administration's position : ^

"Whatever may be the future destiny of Louisiana, it is certain that it is not
now a State. It is a territory purchased by the United States in their confederate
capacity, and may be disposed of by them at pleasure. It is in the nature of a
colony whose commerce may be regulated without reference to the Constitution.
Had it been the Island of Cuba, which was ceded to us under a similar condition of
admitting French and Spanish vessels for a limited time into the Havannah, could
it possibly have been contended that this would be giving a preference to the ports
of one State over those of another, or that the uniformity of duties, imposts and
excises throughout the United States would have been destroyed ? . . .

1 Annals of Congress, i8o3-'o4, p. 471.

THE CONSTITUTION AND THE OPEN DOOR. 99

" The restrictions in the Constitution are to be strictly construed, and I doubt
whether under a strict construction the very same indulgence might not be granted
to the port of Natchez, which does not lie within any State, but in the territory of
the United States."

The judicial power of the United States is explicitly defined
by the Constitution, yet the courts in the Territories are and for
nearly a century have been organised without regard to the Con-
stitution and clearly in violation of it — if they are under its control.
All the judicial power of the United States of the Constitution is
vested in courts whose judges hold office during good behavior,
and to them are committed certain functions which are exclusively
their own. They cannot be alienated by Congress. Wherever the
Constitution runs no other courts are capable of receiving those
judicial powers which are reserved to the Federal courts, and which
they are commanded to assume. As early as 1816 Justice Story
declared, with the concurrence of the whole Court ^ : "No part of
the criminal jurisdiction of the United States can consistently with
the Constitution be delegated to State tribunals. The admiralty
and maritime jurisdiction is of the same exclusive cognisance; and
it can only be in those cases where previous to the Constitution
State tribunals possessed jurisdiction independent of National au-
thority that they can now constitutionally exercise a concurrent
jurisdiction." Nevertheless in the Territories courts which were
not Federal courts, which were incapable of receiving Federal
jurisdiction, exercised jurisdiction of that "exclusive cognisance."
In 1828 the exercise of maritime jurisdiction by a Territorial court
of Florida was questioned, and in his argument to the Supreme
Court in defence of Territorial authority Daniel Webster said :

" What is Florida ? It is no part of the United States. How can it be ? How-
ls it represented ? Do the laws of the United States reach Florida ? Not unless
by particular provisions. The Territory and all within it are to be governed by the
acquiring power, except where there are reservations by the treaty. . . . Florida
was to be governed by Congress as she thought proper. What has Congress done?
She might have done anything — she might have refused trial by jury and refused a
Legislature."

Mr. Webster won his case. Chief Justice Marshall, writing
the opinion, said "^ :

" It has been contended that, by the Constitution, the judicial power of the
United States extends to all cases of admiralty and maritime jurisdiction, and that
the whole of this judicial power must be vested in ' one Supreme Court, and in
such inferior courts as Congress shall from time to time ordain and establish.

1 Martin vs. Hunter's Lessee, i Wheaton 304.

2 American Insurance Company vs. Canter, i Peters 542.

lOO THE OPEN COURT.

Hence it has been argued that Congress cannot vest admiralty jurisdiction in courts
created by the Territorial Legislature.

"We have only to pursue this subject one step further to perceive that this
provision of the Constitution does not apply to it. The next sentence declares that
■ the judges both of the Supreme and inferior courts shall hold their offices during
good behavior.' The judges of the superior courts of Florida hold their offices for
four years. These courts then are not constitutional courts, in which the judicial
power conferred by the Constitution on the general government can be deposited.
They are incapable of receiving it. They are legislative courts, created in virtue
of the general right of sovereignty, which exists in the Government, or in virtue of
that clause which enables Congress to make all needful rules and regulations re-
specting the territory belonging to the United States. The jurisdiction with which
they are invested is not a part of that judicial power which is defined in the third
article of the Constitution, but is conferred by Congress in the execution of those
general powers which that body possesses over the Territories of the United States.
Although admiralty jurisdiction can be exercised in the States in those courts only
which are established in pursuance of the third article of the Constitution, the
same limitation does not extend to the Territories. In legislating for them Con-
gress exercises the combined powers of the general and of a State government. "

In 1849 the Supreme Court reaffirmed this doctrine even more
explicitly, and Justice Nelson made this broad statement about
Territories ^ :

" They are not organised under the Constitution, nor subject to its complex
distribution of the powers of government, as the organic law ; but are the creations
exclusively of the legislative department and subject to its supervision and control.
Whether or not there are provisions in that instrument which extend to and act
upon these Territorial governments it is not now material to examine."

This last suggestion of an open question as to some shadowy
constitutional authorit}' over the Territories is particularly interest-
ing in view of Chief Justice Taney's persistent tendency to subject
the government of the Territories to the checks of the Constitution
for the protection of slavery. The California tariff opinion, which
was almost contemporary with Justice Nelson's, was written by
Justice Wayne, of Georgia. He was the man who persuaded the
court in the Dred Scott case of the expediency of declaring that
Congress had no power to interfere with slavery in the Territories,
and he was the only member of it who fully concurred with Chief
Justice Taney's opinion. His pleading of the Constitution to justify
the California tariff, when it might equally well have been justified
as a general exercise of sovereignty, and probably would have been
by some other judge, is to be considered in the light of the pro-
slavery policy of restricting the powers of the general government.
This culminated in the Dred Scott decision, denying that the power
"to make all needful rules and regulations" for the Territories ap-

iBenner vs. Porter. 9 Howard 235.

IHE CONSTITUTION AND THE OPEN DOOR. lOI

plied to more than the old Northwest Territory, and holding that
other territory was impressed with a trust for Statehood and already
in anticipation subject to the constitutional checks on administrative
discretion. Such a contention makes the Government's whole course
in dealing with the Louisiana Purchase, and even the Louisiana
treaty itself, unconstitutional. A theory of the Constitution which
inevitably reaches the conclusion that ever since 1804 the country
has treated that document as " blank paper," to recall the strict
constructionist Justice Campbell's sneer at Jefferson, is certainly
open to question and. suspicion.

In many details of government the Constitution as a funda-
mental law for a United States larger than the States composing it
has been made blank paper by events. It is well settled that the
constitutional guarantee of jury trial does not extend to actions in
the State courts. It is equally well settled that it does extend to
all exercise of judicial power by the Federal Government of the
Constitution. The first bill for the government of the Territory of
Orleans, however, which was drawn by Madison in co-operation
with Jefferson and passed in 1804, restricted trial by jury to capital
cases in criminal prosecutions, entirely in violation of the Consti-
tution— if it applied. It also vested the appointment of the Legis-
lative Council in the President, without confirmation by the Senate,
though the Constitution requires the advice and consent of the
Senate to the appointment of specified functionaries "and all other
officers of the United States whose appointments are not herein
otherwise provided for, and which shall be established bylaw." No
pretence was made in the debates that these legislators were "in-
ferior officers " such as Congress could authorise the President or
heads of departments to appoint.

The establishment of this despotism did not pass unchallenged.
The bill was denounced as conferring "royal" powers. It was said
it did "not evince a single trait of liberty." In the House of Re-
presentatives G. W. Campbell, of Tennessee, made an earnest con-
test for the jury trials and the courts of the Constitution, arguing
that "in legislating for the people of Louisiana" Congress was
"bound by the Constitution of the United States." A similar at-
tempt at amendment was made in the Senate, but was voted down.
Among the majority were suoh men as John Breckenridge, of Ken-
tucky, a champion of strict construction and the supposed author
of the famous Kentucky Resolutions ; Timothy Pickering, of Massa
chusetts ; Jonathan Dayton, of New Jersey; Uriah Tracy, of Con-
necticut, and that stanch Jeffersonian, Wilson Carey Nicholas, of

I02 THE OPEN COURT.

Virginia — a strange medley of Federalists and State Rights men,
who seemed to agree on nothing about the Constitution except that
it did not apply to the Territories. Indeed, the prevailing opinion
through the whole course of Louisiana legislation was strongly in
that direction.

Many more scruples were entertained about the right of Con-
gress to bring new peoples within the operation of the Constitution,
and not rule them as colonists, than about any obligation arising
from the Constitution itself to govern territory, regardless of ex-
pedienc}^, according to its specific provisions. Much was said in
both houses of the treaty guarantees of constitutional privileges,
and the Louisiana bill was attacked as not keeping the promise to
France to incorporate the Territor}^ into the Union as soon as might
be consistent with the principles of the Constitution. The Jeffer-
sonian philosophers of liberty anxiously debated among themselves
the duty of the United States to live up to its own ideals of free-
dom. But the suggestion that it must live up to them by a rule of
thumb application of a compact made for a union of States found
little credit even among those who construed that instrument most
strictly in its relation to States. Caesar A. Rodney's declaration^
that the Constitution "does not limit or restrain the authority of
Congress with respect to Territories, but vests them with full and
complete power to exercise a sound discretion generally on the sub-
ject," was echoed by many other debaters.

This same question came up with reference to Florida in 1822.
The bill was modelled on that of Orleans in its administrative fea-
tures, and contained a section forbidding the Territorial govern-
ment to transgress the personal rights guaranteed to the people of
the States by the Constitution. Mr. Montgomery, of Kentucky,
tried to substitute a clause that all the principles of the Constitu-
tion and all the prohibitions to legislation, as well with respect to
Congress as the Legislatures of the States, be "declared to be
applicable to the said Territory, as paramount acts." This was
voted down, and the following is Benton's comment on the inci-
dent - :

"This prompt rejection of Mr. Montgomery's proposition shows what the
Congress of 1822 thought of the right of Territories to the enjoyment of any part
of the Constitution of the United States. . . . The only question between Mr.
Montgomery's proposition and the clause already in the bill was as to the tenure by
which these rights should be held — whether under the Constitution of the United

1 Annals of Congress. i8o3-'o4, p. 513.

- Benton's Abridgement, \'ol. VII, p. 295, note.

THE CONSTITUTION AND THE OPEN DOOR. IO3

States or under a law of Congress and the treaty of cession. And the decision was
that they should be held under the law and the treaty. Thus a direct issue was made
between constitutional rights on one hand and the discretion of Congress on the
other in the government of this Territory, and decided promptly and without de-
bate (for there was no speech after that of Mr. Rea on either side) against the Con-
stitution. It was tantamount to the express declaration: ' You shall have these
principles which are in the Constitution, but not as a constitutional right ; nor even
as a grant under the Constitution, but as a justice flowing from our discretion, and
as an obligation imposed by the treaty which transferred you to our sovereignty.'"

Justice Story, in his commentaries,^ has thus stated this doc-
trine :

" The power of Congress over the public territory is clearly exclusive and uni-
versal, and their legislation is subject to no control, but is absolute and unlimited,
unless so far as it is affected by stipulations in the cessions or by the ordinance of
1787, under which any part of it has been settled."

A host of Supreme Court decisions laying down this law with
some reservations might be cited. When those reservations are
quoted in support of constitutional restraint on Territorial lawmak-
ing it is to be remembered that the Constitution, as well as the
general laws of the United States, are in force by legislation in the
Territories. It is indeed curious that Congress should have made
the Constitution into a law for the Territories, if that Constitution
of itself governed them, but it has done so time and time again in
particular cases, and finally summed up these enactments generally
in Section 1,891 of the Revised Statutes, which declares :

" The Constitution and all laws of the United States which are not locally in-
applicable shall have the same force and effect within all the organised Territories
and in every Territory hereafter organised as elsewhere within the United States. '

Thus the open question of Justice Nelson's time has been prac-
tically closed, and the Supreme Court has for years been declaring
as a fact that the fundamental personal rights guaranteed by the
Constitution belong to the inhabitants of the Territories. In some
cases undoubtedly the opinions tend to uphold the view that the
so-called Bill of Rights and the general limitations of the Consti-
tution by their own force extend to the Territories. But even while
conceding these rights the Supreme Court often shows a tendency
to do so merely on the theory that the old Anglo-Saxon "law of
the land " protects all within the range of government from tyranny
and injustice.

Thus Justice Bradley- says:

"Doubtless Congress in legislating for the Territories would be subject to
those fundamental limitations in favor of personal rights which are formulated in

1 Section, 1328. 2 Mormon Church vs. United States, 136, U. S. i.

I04 THE OPEN COURT.

the Constitution and its amendments; but these limitations would exist, rather by
inference and the general spirit of the Constitution from which Congress derives
all its powers, than by any other express and direct application of its provisions.'

It may be conceded that every officer of our Government, owing
to its very nature, must exercise his functions in harmony with the
spirit of our institutions, with what Justice Matthews^ called "the
principles of constitutional liberty which restrain all the agencies
of government. State and National." But that does not compel the
application to Territories of particular rules of administration made
by States for the government of States in their united capacit}^
And it should be remembered in construing these rules that, how-
ever much the country may have grown and the idea of a broader
nationality developed, the framers of the Constitution formed a gov-
ernment for States and committed the territory or other property
which might fall to the general government to its complete discre-
tion, with a general grant of power. So those who first added new
territory understood and acted, though they were strict construc-
tionists and theoretical democrats.

Perhaps the Louisiana legislation ought to have been declared
unconstitutional. But if so, what is to be said of the condemna-
tion to death or imprisonment without jury trial of American cit-
izens by Ministers and Consuls for crimes committed at places con-
structively made American territory for that purpose by treaty with
foreign governments? There is no constitutional warrant for it. If
trial by jury is a right of all men subjected to the authority of the
United States, is it not as much their right in a consulate at Yoko-
hama as in a courthouse at Santa Fe ? The Supreme Court has
frankly cut this Gordian knot since it could not untie it. It has
said- that though a private American vessel is constructively Amer-
ican territory, yet an offence on it can be punished by a consid
without jury trial, for "By the Constitution, a Government is or-
dained and established for the 'United States of America' and not
for countries outside their limits. . . . The Constitution can have
no operation in another country."

The rule of uniformity in taxation of what is essentially one
people is so manifestly advisable that nobody would wish to change
it or even open the door to change. But in view of all the excep-
tions made in practice to the necessary application of the Constitu-
tion to the home Territories, and the political purpose, which about
1850 demanded limitation of the power over them, it is a violent

I Murpliy vs. Ramsey, 11+ U. S. 15. 2 in re Ross, 140 U. S. 453.

THE CONSTITUTION AND THE OPEN I>0(JK. IO5

assumption to assert that a rule laid down in one particular case
then would be literally and slavishly applied to overturn a deliber-
ate policy of the Government formed to meet utterly different con-
ditions which the Court did not and could not foresee.

The Supreme Court itself in the California tariff decision in-
timated as much. It noted that California was part of the United
States by treaty, and it found nothing in the treaty to differentiate
it from the rest of the United States. The California treaty did
promise to incorporate the Territory into the Federal Union, and
naturally judges with the ''trust for Statehood " idea in mind would
give that promise immediate effect so far as they were concerned
with government under it. The fact that they consulted the treaty
to learn the Territory's status with reference to the Constitution
implies that even this State Rights Court would have regarded a
treaty for acquiring a dependency as giving the acquisition quite a
different character.

In that respect the Philippines hold an entirely distinct rela-
tion to the general government. They are not by treaty taken ac-
tually or prospectively into the Union. The United States has
simply assumed possession of the Philippines. It holds them, just
as all the Federalists, and, indeed, many of the Republicans, be-
lieved in 1803 it could alone hold Louisiana. The narrow con-
struction which denied the jxiwer of expansion for assimilation has
been outgrown. Certainly, it is too late to bind the country in a
similar bond of narrow construction carried to an opposite extreme.
Nor is there anything new or startling in the idea of dependencies
outside the United States. Neither Congress nor the Supreme
Court has ever hesitated to recognise and provide for territorial and
administrative anomalies. The Louisiana and Florida govern-
ments w^ere, as has been seen, utterly inconsistent with the Con-
stitution. The Indians, with their separate laws in States and
Territories, have ever been anomalies, and offer a precedent for
dealing quite unhampered with Orientals as their needs may require.

Our extraterritorial jurisdiction exercised by Federal officers
since 1848 has no warrant in the Constitution for an\' Ignited States
of the Constitution.

Congress did not hesitate to use the word "dependencies"' in
legislating for the United States Bank.

Later, in 1S56, it made laws for the government of the Guano
Islands, which at the discretion of the President might "be con-
sidered as appertaining to the United States.' In other words,
they were territory of the United States w'hich was not within it.

Io6 THE OPEN COURT.

Finally, the Xlllth Amendment to the Constitution declares
that neither slavery nor involuntary servitude "shall exist within
the United States or any place subject to their jurisdiction." The
men who drew this had been through the slavery contest, knew the
doctrine of limited power in the Territories, and had repudiated it,
and won their case in war. They passed the Amendment in the
light of their own contention to assure the exclusion of slavery from
any territory which Congress ruled or might rule outside the United
States of the Constitution.

The supposition that the term United States in that instrument
means more than the government over the States united requires
the assumption of its use in two utterly different meanings without
any indication of the difference. Thus it must be said that the
"people of the United States" who make and amend the Constitu-
tion are people of States, but the United States for which the pre-
amble says they make the Constitution is the whole "American
Empire ; " that the United States of the Judiciary Article means
only States, but of the Tariff Article all the territories or depen-
dencies over which the Government may extend its rule. And that
in face of the final use and implied definition in the Xlllth Amend-
ment of that term in the narrower significance.

Such a restricted meaning is fully in accord with common
sense. Who thinks of the Philippines as being in the United
States? They are manifestly no part of the system for which our
Constitution was made. The belief that the Constitution must of
necessity apply to the home Territories, in spite of evidence that
the founders and early rulers had no such thing in mind, is due in
its present form largely to the feeling of continental interest and
common American nationality. The interpretation of the Constitu-
tion as a fundamental law for Asiatic islands simply because this
country is called upon to rule them is no proper development of
that idea of the American Nation. "The Constitution can have no
operation in another country," and the Philippines, even though
we control them, are another country, physically, morally, socially
and commercially.

The reversal of the California tariff decision is not essential to
the "open door." The reasons for questioning the law it laid down
for this continent are cited only to show clearly how little ground
there is in the circumstances of its delivery, and in our history, for
stretching its meaning to forbid a Government policy in an emer-
gency which its authors never contemplated. Courts do not thus
tie the hands of Government with reference to particular situations

THE CONSTITUTION AND THE OPEN DOOR. I 07

which cannotlbe foreseen. In a constitution, as Story says, "there
ought to be a capacity to provide for future contingencies as they
may happen, and as these are . . . inimitable in their nature, so it
is impossible safely to limit that capacity."

It has not been limited in this country. The Constitution, in
spite of being written, is mobile. It never would have been adopted
if its meaning to the present generation had been known to those
who drew it, if, for instance, it had been understood as an indis-
soluble compact instead of a voidable association. Those who
thought it made blank paper by the changed interpretations cir-
cumstances forced were merely victims of the tendency to limit by
one day's conceptions the power of meeting another's needs. Some
American trader may follow the example of the plaintiff in the Cali-
fornia case, and strive to avoid duties at Manila, or some Spanish
interest may seek, regardless of this country's welfare, to close the
door to the world's commerce in the Philippines. But it is scarcely
conceivable that either could overturn in those distant islands,
which have nothing in common with this country and are not a part
of its industrial system, a considered policy of the United States
with reference to international relations, by invoking a disputed
constitutional doctrine, which, even if true, is true only for "the
United States of America."

CHINA AND THE PHILIPPINES.

BY THE EDITOR.

WHEN the United States requested the powers to give a definite
promise of an open door policy in China, they did so mainly
on the ground of abandoning all interference in Chinese politics.
The Russians have taken their share of Chinese territory in Man-
churia, the English dominate the Yang tse kiang valley, the Ger-
mans have taken Chiau Chow as a fair compensation for the lives
of two banished Jesuits, the French and the Italians are clamoring
for Chinese provinces, and so it was but natural that the United
States, too, should receive their sphere of influence. This, of
course, would mean the end of China and the division of its coasts
among the powerful nations of the world.

To prevent this course, which does not seem very promising
to either of the parties concerned — neither to China, which would
be sliced up nor to the powers, for the commerce of each one would
then be limited mainly to its own provinces, — Lord Beresford pro-
posed the plan of leaving China undivided and of having its integrity
guaranteed by the powers, on the promise of keeping it open to the
world's trade. The United States of America pushed the plan be-
cause it is in their interest. We are not in a position to acquire
more territory than has been forced on us and if we go out empty-
handed, we should at least have definite and unmistakable
guarantees of this open door policy; otherwise, considering future
conditions and the probable expanse of our trade in the far East,
it would be folly not to take part in the division. Our Chinese
trade has been constantly growing, and even now our interests are
not less there than those of the other European powers concerned,
perhaps with the exception of England. If our business and in-
dustries are not crippled by internal strife or party legislation, our
interest in Chinese trade should be steadily on the increase, and
might in time surpass even that of Great Britain, for the geograph-

CHINA AND THE PHU.IPWNES. lOQ

ical situation of America as lying between Europe and Eastern Asia
is the most favorable for the purpose.

Thus, the offset which the United States are expected to pay
f(jr the pledge of the European powers to maintain in China an
open-door policy in their various spheres of influence, does not
consist in keeping the door open in the Philippines but in abstain-
ing from taking part in the general spoliation of China.

Nevertheless, it would be very unfair if we, the United States
advocated an open door policy for China where we actually do not
have any possessions, while we would close the doors in the Philip-
pines ; and it appears to me that even if the United States were
not actually pledged to follow this same open-door policy in the
Philippine Islands, they would be in honor bound to pursue it as far
as possible. And it is interesting to see that the United States are
making arrangements for being assured of such an open door pol-
icy in China while they are anxious to preserve the Chinese wall of
so-called protection that separates the United States from the rest
of the civilised world. So we are willing to have the doors opened
in the Philippines provided they remain shut at home.

First let us look at the question from the legal side. That the
clause enjoining uniformity of all taxes and duties refers to the
United States and not to dependencies which may temporarily or
even permanently come into possession of the nation, has been
demonstrated from a legal point of view beyond a shadow of a
doubt by Mr. Roscoe C. E. Brown. The islands ceded by Spain
to the United States are at present de facto our dependencies, what-
ever Congress may later on decide as to their future fate ; and as
such they cannot be, nor have they as yet been, treated as parts of
the United States themselves.

Should the Philippines become a federal republic of the United
States in such a way as we have advocated, it would by no means
follow that thereby they would possess the right of regulating the
import duties, harbor taxes, foreign representation, etc. None of
the States of the Union exercise these rights which are specially
reserved to Congress and the government of the United States.
In Germany the kingdoms of Bavaria, Saxony, Wiirtemberg, the
Grand Duchy of Baden are independent sovereign states, and yet
they do not exercise the right of regulating import duties, or of
sending representatives to foreign governments.

Thus these rights might in the case of the Philippines as well
be reserved to a federal commission, or be directly managed by
the United States government. But it seems fair that they should

no THE OPEN COURT.

be attended to in concurrence with a commission consisting of men
representing the business interests of the Islands; for after all, it
seems to me desirable to allow the home government of the Philip-
pines to regulate their own affairs, including the imposition of du-
ties, as they see fit. We ought to allow them to regulate their own
commercial relations with the outside world according to their own
wishes. We call attention to the fact that the English dependen-
cies enjoy the right of taxing the imports even of their mother
country. All that can be claimed is that home government does
not as yet necessarily include the regulation of import duties.

There would be another way of allowing the Philippines to be
a federal republic of ours, and yet keep the door of their commerce
open to the whole world, and this would be by pledging the Philip-
pine government at its instalment and from the beginning through
a constitutional clause to such a course, as a condition of receiv-
ing the recognition of the world. In a similar way Japan was
pledged to an open door policy by Commodore Perry; and the Japa-
nese themselves are agreed on the result as having been most fa-
vorable to the development of their country. An open door policy
in the Philippines would mean an assurance of Philippine pros
perity.

AMERICAN WAR-SONGS.

BY C. CROZAT CONVERSE, LL. D.

OUR civil war's chief war- song survivors are — Marching Through
Georgia, and Dixie. Those of our war with Spain are —
ThereHl be a Hot Time in the Old Town To night, and ^Rastus on
Parade.

Some thoroughly excellent and appropriate American national
hymns were written, composed and offered to the American people
for use during our civil war; but they were not adopted by the
people at large. Similarly excellent hymns were prepared for our
national use in Cuba and Manila, and likewise failed of attaining
general public use.

These superior national hymns may be found in our hymnals
and song-shops. They are highly meritorious in sentiment and
singable in their music. Their non-success is not due to any lack
of theirs in these regards : " the boys " did not like them, — that is
the all of this matter; and success with "the boys" is proved to
be — by their fate — the test of their merit ; and yet, because of their
non-success, many a person infers — unjustly — that no good national
hymns were made during these wars. A truer, juster inference may
be this : that slow-moving national hymns, or chorals, are too slow
for our national use ; in evidence of which are these meritorious,
yet unpopular, chorals.

If public opinion, which "the boys" apparently echo, were
not in this condition, it would never tolerate the setting of Julia
Ward Howe's Battle Hymn of the Republic to " the boys " tune for
We'll hang Jeff. Davis to a sour apple tree ; it would pronounce
against this wedding of such words as "Our God is marching on'
to this tune, for being one that outdid in incongruousness any of
the Salvation Army adaptations; as indeed it does outdo them.
Compare it with the hymn beginning: "Come, ye sinners, poor
and needy," set to the tune of Yankee Doodh\

1 12 • THE OPEN COURT.

Our Revolutionary fore-fathers piped, whistled, and sang this
tune's lively strains ; yet to equally lively thoughts and words, and
not to those of a serious import. Nevertheless they had use for,
and used, the stately Hail Columbia, though it has a voice-range so
great as to render it unsuitable for all the people's use ; because
of which, and other musical features, it might be — and probably
would be — shelved with the non-successful war-songs if offered the
public nowadays.

The four songs cited above are characterised by a right robust,
energetic rhythm ; one which slugs, pounds itself into the memory ;
a square cut, trip-hammer pounding of the most self-assertive sort.

The tunes of God Save the Queen and of The Star Spangled
Banner are not of this kind. A war-song candidate for present
public favor hardly would succeed, though never so meritorious, if
he cast his song in the Vx rhythmic mould of these last-cited pieces.

Reasons for the rhythm of the English national hymn may be
found in the poetic structure of the cry : " God save the queen I "
which necessitates the use of its Y^ rhythm ; this hymn having been
written and then adapted to its melody, which was composed long
before in Germany; and these reasons will apply equally well to
The Star Spangled Banner.

Neither of these two songs is a marching-piece ; all of the other
four, herein cited, are altogether march-like, therein showing that
this rhythm, in war- songs, suits the present public taste.

To induce the people to use a war-song, of choral form, new
words set to old music — as in the cases of God Save The Queen and
The Star Spangled Banner, doubtless would be more operative than
new words to new music.

No grander, fittinger tune could be selected for this purpose
than that of Old Hundred; its perfect choral form, giving but one
tone to each syllable, rendering it superior, in this regard, to the
Austrian and Russian national airs. What American poet will
immortalise himself by setting patriotic words to it? If there be no
American poet who is equal to this task, then let our poets try
to set lively, patriotic words — not hymn-words — to the music of
There'll be a hot time in the old town to night, with the encourage-
ment that, which ever one of them makes the best poetic adaptation
to it, will be rewarded with an immediate and great national suc-
cess; a success for which he might toil a life-time, along other
poetic lines to attain, or, perhaps, never realise otherwise. The
offer of a cash-prize for it, by some wealthy patriot, might arousQ
and stimulate poetic competition.

AMERICAN WAR-SONGS.

113

Quarrelling with the people, for liking such tunes as this,
would be as profitless as for their liking the syncopative nibbles of
rag time. Giving the people words for them, which glow with love
for country, is far better.

"The boys" of the army, navy; of the grocer-cart, butcher-
wagon, news-stand, machine-shop, corn-field, and cattle-ranch,
now sing of "a hot time."

Giving them a song of country, liberty, union, set to the "hot
time" tune, would grandly help in teaching them those patriotic
lessons which tend to fit them for American citizenship. If musical
critics object to separating this tune from its original word-mate,
let them consider the tonal expansion of the song entitled America,
through the setting of the melody of the British national hymn to
its words; an expansion which felicitously insinuates into English
thought purely American ideas.

Such song-adaptations as these illustrate man's common spirit
of fraternity, as do the declarations of the Golden Rule by Buddha
and Confucius; and they suggest that the religious parliament idea
may be universally fostered and practicalised through song-inter-
change, song-expansion ; a song-interchange unhampered by song-
critics; one of and for the common people of the whole world.

Emigrants, of different nationalities, sing together, on their
passage to America, hymns, in their respective languages, which
are set to the same tunes, fellowshipping in song though unable to
talk to each other; and this song-union influences the singers in
their subsequent American experiences.

In the war-song survivals there is a key to the conscience of
the present common man, — under man ; he who rejects the national
chorals, though never so stately and effective, and coerces to his
song-use the vocal favorites of "the boys." The truly human and
humane philosopher (not a Nietzsche) will find it potent for un-
locking, reaching and effecting man's edification from man's hum-
ble foundations — not downwards, from the Nietzschian spire and
aspirations. The truly human, philanthropic philosopher will not
hesitate to make a Salvation Army use of such music as this, in
this edifying of the common man, by adapting to it sentiments of
universal brotherhood ; sentiments of world-wide reach and good
will; sentiments which the world's religious parliament in all its
wealth of theologic lore, must approve; because of its universally
familiar and popular character ; and, because, through singing, the
world may be unified in heart and aim.

GOSPEL Px\RALLELS FROM PALI TEXTS.

Translated from the originals by Albert J. Edmunds.

I GAVE some facts about the pre-Christian antiquity of the Pali
Texts in a note in The Open Court for November, 1898. The
question of Hindu ideas reaching Palestine is still on its trial. The
interchange of thought between Greece and India Avas part of the
programme of Alexander, who took Greek artists on his Eastern
expedition. When his successors at Alexandria began translating
the Old Testament, they were carrying out his cosmic plan. Dio-
dorus of Sicily states this plan :

" [Alexander decreed] that there should be interchanges be-
tween cities, and that people should be transferred out of Asia into
Europe, and conversely out of Europe into Asia, to the end that
the two great continents, by intermarriages and exchange of good
offices, might become homogeneous and established in mutual
friendship." {^Diod. Sic. XVIII. 4).

The Alexandrian librarian pointed out to Ptolemy the lore of the
Hindus and others, while the court of Antioch set Berosus to trans-
late the records of the Babylonians. The Old Testament was already
in progress. Now, while the Greeks were thus translating the
Sacred Books of the East, twenty-one centuries before Max Miiller,
Asoko was sending Buddhist missionaries into their empire. Why
should not these two outreachings have met ? Asoko boasts that his
mission made headway. Even though the Buddhist oracles were still
oral, they can have left traces among ascetics in Palestine and
Egypt. The origin of the Essenes is still a mystery ; but the semi-
Christian Elkesaites, according to Hippolytus, came "from Seres
of Parthia," i. e. Buddhists. Hippolytus also tells us that the
Docetas taught that Christ came to abolish transmigration. Now,
Gotamo says, on the first page of the Itivuttaka, the Buddhist
Logia-Book : " I am your surety against return to earth."

GOSPEI, PARALLELS FROM PALI-TEXTS. II5

Joseph Jacobs has shown that Hindu fairy-tales were known in
Palestine in the first century, and the Jataka stories represent their
hero as being educated at Taxila, the centre of Indo-Greek learn-
ing. The Questions of King Milindo exhibit Buddhist schools of re-
citers, at the time of the Christian era, keeping up the sacred lore,
which was enquired into by intelligent Greeks.

In the Book of Discipline, Gotamo predicts that his religion
will last for five hundred years. Now these figures have been
altered to five thousand in uncanonical works written after the time
of Christ, i. e. after the five hundred years had expired. Therefore,
the Book of Discipline would appear to have been untampered with
since that date ; and the Canon may well have been put into its
written form about 90 B. C, as the Ceylon Chronicles state.

These remarks are the summary of an essay, giving full refer-
ences, the result of years of research. No borrowing is alleged on
either side — Christian or Buddhist — in these Parallels. We offer
no theory, but present them as facts. They at least belong to a
world of thought which the whole East had in common.

The Christ remains [on earth] for the yEgn.

John xii. 34. Udana VI. i ; and Book of the Great Decease, p. 23. (Translated in
S. B. E. XI. p. 40).

[This is not a New Testament doctrine, but a current belief at
the time of Christ. Commentators have been at a loss to identify
the Old Testament passage which is supposed to be quoted. The
Twentieth Century Netu Testament proposes the Aramaic version of
Isaiah ix. 7 as the source. Be that as it may, we have here a verbal
Pali parallel.]

Anando, any one who has practised the four mystical methods
— developed them, made them a vehicle and an aim, pursued them
accumulated, and striven to the height thereof, — can, if he so
should wish, remain [on earth] for an iron or the rest of an a?on.
Now, Anando, the Tathagato has practised and perfected these ;
and if he so should wish, the Tathdgato could remain [on earth] for
an (eon or the rest of the aeon.

[The words in italics agree with those in the Greek of John,
except the mood and tense of the verb. Rendel Harris has pointed
out to me that the tense of /xevei is ambiguous, being either present
or future. This is because the manuscripts are without accents.
Tathagato is a religious title equivalent to Clirist. Its exact mean-
ing is doubtful.]

Il6 THE OPEN COURT.

Few That Are Saved.
Matth. vii. 13, 14; Luke xiii 23, 24. A;>guttara Nikayo I ig (Not before trans-
lated).

Monks 1 just as, in this India, there are only a few pleasant
parks, groves, landscapes, and lotus-ponds, but far more of broken
ground, impassable rivers, tree-stumps, thorny roads, and rugged
rocks : so also, monks ! there are few beings who, when vanished
from the human, are born again among humans ; but far more who,
when vanished from the human, are born again in hell, in the wombs
of brutes or the haunt of ghosts ; few who aie born among the angels,
more who are born as I have said. And there are few beings, O
monks 1 who, when vanished from the angelic, are born again among
angels, but far more who vanish from the angelic to be born again
in hell, in the wombs of brutes or the haunt of ghosts.

Ascension.
Udana VIII. 9. (Not before translated).

This story is more analogous to the ascension of Elijah in
the Second Book of Kings than to that of Christ, as related in the
first chapter of Acts. There is no account of the Ascension in the
Synoptical Gospels, except a single line in Luke xxiv. 51,^ while
the Mark Appendix is a later addition. John refers to the Ascen-
sion as a spiritual fact ; so does Paul ; but the only pictorial account
is that of Acts. In the Pali legend, the hero is Dabbo the Mallian,
a disciple of Buddha's who had extraordinary psychical powers.
The Book of Discipline tells us that he was able to light the monks
to bed by emitting magnetic flames from his fingers. See Sacrea
Books 0/ the East, Vol. xx., p. 7.]

Thus have I heard. At one season the Blessed One was stay-
ing in the Bamboo Grove beside the Squirrels' feeding-ground, at
Rajagaha. And the venerable Dabbo the Mallian approached the
Blessed One, saluted him and sat on one side, and so sitting, said
to him: "O Auspicious One, my time is at hand to enter Nir
vana."2 — "Whatever you think fit, O Dabbo." — Then the ven
erable Dabbo the Mallian rose from his seat, saluted the Blessed
One, and keeping on his right hand, went up into the sky, and sat
in the posture of meditation in the ether, in the empyrean. In-
tensely meditating on the nature of flame, he ascended and passed
into Nirvana.

1 Tlie doubt thrown iipo!i this line in the mart^in of tlie Revised Version of 1881 was dispelled
when the Sinai Syriac was found.

2 See my defensive note on this rendering in my translation of Digha 14. [The Marvellous
Birthofthe Buddhas: Philadelphia, 1899, p. 4.)

GOSPEL PARALLELS FROiNI PALI-TEXTS. 1 17

And when the venerable Dabbo the Mallian had thus gone up,
meditated and ascended, there remained neither ashes nor soot of
his body when passed away,^ consumed and burnt. Even as, when
ghee or oil is consumed and burnt, neither ashes nor soot remains,
so was it with the body of the venerable Dabbo the Mallian. And
forthwith the Blessed One, having understood the fact, gave vent
on that occasion to the following Udana :

"The body dissolved, perception ceased, all sensations were
utterly consumed ;

"The constituents of existence were stilled, consciousness and
sense departed."

Supernatural Birth.

Luke i. 35. Majjhima Nikayo, Sutta 38. Quoted in The Questions of Kifi^t--

Milindo, p. 123, but not translated in S. B. E. XXXV.

Conception takes place, O monks, by the union of three. In
this world the father and the mother are united. The mother may
be capable, but the genius {gandhabbo, Sanskrit gandharva), may
not be ready. It is by the union of these three, O monks, that
conception takes place.

[Neumann, in his German translation, expands the text here,
perhaps from the commentary.]

The Saviour is Unique.

John i. 14 and 18 ("only begotten";) Hebrew ix. 26 ("once, at the end of the ages.")

Anguttara Nikayo I. 15.

It is unlikely and impossible, O monks, for two Arahats who
are perfect Buddhas to arise simultaneously in the same world-
system : this is not likely. But it is likely, O monks, for one
Arahat who is a perfect Buddha, to arise in one world-system : this
is quite likely.

[A similar statement is made of an emperor;- and then it is
denied that a woman can be a Buddha, an emperor — strangely
contradicted by fact — a Sakko, a Maro, or a Brahma.]

Saving Faith in the Lord.
Luke xxiii. 42, 43. Majjhima Nikayo, Sutta 22.
Thus, O monks, is the Doctrine well taught by me — plain,
patent, clear, and with the old cloth cut away.^ Seeing, O monks,

1 Or, passed into NirvUna, as above. It is a special word, only used for the death of an
Arahat.

2 I was interested to learn lately from the lips of a Hindu that the ancient title cliakkavatti
applied to-day to the Queen of England as Empress of India.

"Cf. Mark ii. 21.

Il8 THE OPEN COURT.

that the Doctrine is thus well taught [etc.], all those who have
merely faith and love toward me are sure of Paradise hereafter.

He Who Sees the Truth Sees the Lord.
John xiv. 6 and 9.
Itivuttaka 92.
O monks, even if a monk should gather up the folds of his robe
and follow behind me, treading in my footsteps, yet if he be cov-
etous, on lusts intent, bad-hearted, corrupt in his mind's aspira-
tion, heedless, mindless, ill-conducted, with heart confused and un-
ripe faculties, then is he far from me, and I from him. And why?
Because, O monks, that monk sees not the Doctrine; and he who
sees not the Doctrine sees not me. But if that monk should
dwell an hundred leagues away, O monks, and be not covetous,
nor intent on lusts, not bad-hearted nor corrupt in his mind's
aspiration, but heedful, mindful, well-conducted, with concentrated
heart and faculties restrained, then is he near to me, and I to him.
And why? Because, O monks, that monk sees the Doctrine; and

HE WHO sees the DOCTRINE SEES ME.

[The word Doctrine is the ubiquitous Dhanimo, Sanskrit
Dhartna; and can be equally well translanted Truth or Religion. '\

MISCELLANEOUS.

EROS AND PSYCHE.

The story of Eros and Psyche reflects the religious life of classic antiquity
more than any other book, poem, or epic, not excepting the works of Hesiod and
Homer, who are said to have given to the Greeks their gods. The Theogony de-
scribes the origin of the gods and gives to them a definite shape. Homer introduces
their figures into his grand epic ; but the popular tale of Cupid and Psyche reflects
the sentiment with which the gods were regarded, and describes the attitude of man
toward the problems of life, especially the problem of problems — the mystery of
death and the fate of the soul in the unknown beyond.

The orthodox Greek religion consisted
in the performance of certain rites which
were attended to by priests in the name
of the state, and for the public benefit.
Neither faith nor morality was required,
but it was of paramount importance to
give all the gods their due according to
established tradition and thus to fulfil
the duties that men may have toward
the invisible powers, upon whose benefi-
cence their welfare depends. But the
perfomance of sacrifices and other cere-
monies left the heart empty ; they were
attended to in a perfunctory way by per-
sons duly elected either according to de-
scent or station in life and were kept up
simply from fear lest any deity might be
offended by the neglect. The personal
attitude of the people demanded a satis-
faction of the religious cravings of their hearts which resulted in a religious move-
ment originating with the importation of new thoughts from Egypt, Chaldaea,
Phoenicia and Syria, and finding at last a definite expression in the mysteries and
secret teachings of Orpheus, Dionysus, Demeter, and other deities. These innova-
tions were not revolutionary. New gods, it is true, were introduced such as Dio-
nysus, and new prophets such as Orpheus, but the old ones remained in power ;
the change was not in name, but in interpretation ; as such, however, it was none

1 Reproduced from Kraus, Geschichtc der christlichen Kunst, I., p. 102.

Eros .\nd Psyche Together with thh

Good Shepherd.^

(Pagan Sarcophagus.)

I20 THE OPEN COURT.

the less radical, for the very nature of the old gods underwent a thorough trans-
formation and gained a deepening of their religious significance.

Nor is it diffiult to describe (at least in its main outlines) the character of these
innovations for they are obvious and unmistakable, because they became the chief
factors in the formation of the Greek type in its classic period and left their imprint
upon all philosophers and poets as well as upon the public life of ancient Hellas.
The great problem of Greek thought was the riddle of the sphinx finding its solu-
tion in Greek conception of man's soul as worked out by Plato.

How much Plato again and his doctrines affected Christianity is well known
and so we may in the evolution of religion regard the hopes and dreams of the
Mysteries, especially the Eleusinian Mysteries as one of the most important pre-
paration of and transition to Christianity.

All these views found expression in the fairy tale Eros and Psyche — the
only fairy tale of ancient Greece that has come down to us in the bizarre satirical
romance of Apuleius, The Golden Ass. A symptom of the consanguinity of the
ideas that pervade the story of Eros and Psyche and the rising belief of Chris-
tianity may be found in the fact that the Christian emblem of the good shepherd
was chiselled on a sarcophagus side by side with the figures of Eros and Psyche.

We offer the story to our readers in a new version for the sake of its religious
significance and reproduce with it Paul Thumann's beautiful illustrations which in
their spirit are as genuinely classic as any production of Phidias or Praxiteles.

Paul Thumann's illustrations were published for the first time by Adolf Titze,
of Leipsic, a publisher whose firm is justly famous for high class work in illustrating
classics. p. c.

THE INTERNATIONAL CONGRESSES AT THE WORLD'S
EXHIBITION AT PARIS, IN 1900.

It must be gratifying to the inaugurators and promotors of the Chicago World's
Congresses that the French Exhibition will follow its precedent and carry out the
same idea, with such modifications only as will be necessary in a country where
European customs and principles prevail. There will be a series of congresses
with most fascinating programs, worked out by scholars and capable men, and di-
rected with discretion. The religious congress will not resemble the Chicago Par-
liament of Religions, in so far as it will not be a congress of representatives of the
various religions now living, but a convention of scholars, especially of Oriental-
ists, who as students of the history of religions will discuss the subject purely from
a theoretical point of view, and without any reference to the practical questions of
to-day. The president of the religious congresses is Prof. A. Reville, Nouville
Dieppe, Seine Inferieure, France.

The sections of the Congress of the History of Religion are eight in number
and will be divided according to the requirements of the hour into sub-sections
The main eight sections are as follows : (i) Religions of non-civilised peoples. The
religions of the pre-Columbian American civilisations. (2) History of the religions
of the far Orient (China, Japan, Indo-China, Mongolia, etc.). (3) History of the
religions of Egypt. (4) History of the so-called Semitic religions : (o) Assyria
Chaldsea, anterior Asia ; {b) Judaism and Islamism. (5) History of the religions
of India and Persia. (6) History of the religions of Greece and Rome. (7) His-
tory of the religions of the Germans, Celts, and Slavs. Pre-historic archaeology

MISCELLANEOUS. 121

of Europe. (8) The history of Christianity, subdivided into the history of the first
centuries, the history of the Middle Ages, and the history of modern times.

Supporters of the Congress who will subscribe the sum of ten francs will re-
ceive gratuitously the printed reports of the meetings and the various publications
of the Congress. All communications intended for the Congress should be sent to
the secretary before the first of July, 1900; they may be in either French, German,
English, Italian, or Latin. The secretaries are MM. Leon Marillier and Jean Re-
ville, the Sorbonne, Paris, to whom applications for prospectuses giving full details
should be sent.

The philosophical congress is also in very good hands. Its secretary is M. Xav-
ier Leon, the able editor of the Revue dc metafhysiquc et de morale, and its pres-
ident M. Boutroux, a member of the Institute and professor of philosophy at the
Sorbonne. They will be assisted by a number of the most prominent professors
and savants of France.

The program has been carefully worked out, and shows that the man who de-
vised it is a systematic thinker.

The work of the philosophical Congress will be divided into four sections :
I. General Philosophy and Metaphysics ; II. Ethics ; III. Logic and the History
of the Sciences ; and IV. The History of Philosophy Proper. Here are the de-
tails of the Program ;

I. General I^hilosophy and Metaphysics. This section is divided into the fol
lowing subjects; (i) Science and metaphysics. Can the sciences be reduced to
unity? (2) The nature of the fundamental psychical fact ; (3) The unity and iden-
tity of the ego ; (4) The connexion of space-conception with the concepts of the
mind ; (5) Liberty and determinism ; (6) Monism and dualism ; (7) The relativity
of knowledge ; (8) The unknowable ; (9) The problem of finitude ; (10) The differ-
ent forms of contemporary idealism ; (11) Rationalism and faith ; the role which
the will plays in opinions ; (12) The categories ; (13) Is a common terminology for
all philosophers possible ?

II. Ethics; (i) Can a moral doctrine be established without metaphysics?
(2) Can a moral education suffice for the mass of the people without falling back
on religious beliefs ? (3) The relation of Christian morality to the contemporary
conscience ; (4) Is a moral sanction possible or at all necessary ? (5) The aim of
civilisation ; (6) War and peace ; is it possible to suppress war ? (7) The individ-
ual happiness and social interest ; (8) Morals and politics ; (9) Is the basis of jus-
tice individual or social ? (10) Solidarity ; (11) Cosmopolitanism ; (12) The casuis-
tries in morals ; (13) How far is the social question a moral question? (14) Phil-
osophical sociology and scientific sociology ; (15) Conditions of responsibility in the
social and moral order.

III. Logic and the History of the Sciences (//) ; (i) The algebra of logic and
calculus of probabilities — Theory of ensembles ; theory of concatenations ; theory
of groups — The transfinite ; (2) Principles of analysis : number, the continuum
theory of functions ; (3) Postulates of geometry ; their origin and value — Intuition
in mathematics — Non-Euclidean geometry ; (4) Methods of geometry ; analytica
geometry; projective geometry ; geometrical calculus (quaternions); (5) The prin-
ciples of mechanics, their nature and value ; (6) Methods of mechanical physics;
theories of errors and approximations ; (7) General hypotheses of physics ; me-
chanical theory of energetics; (8) The hypotheses of chemistry; the constitution
of matter — The atomic theory; stereo-chemistry; (9) The problem of the origin of
life; (10) Theories of the evolution of the species ; transformism ; heredity. {B):

122 THE OPEN COURT.

(i) The foundation of the infinitesimal calculus ; (2) The genesis of the conception
of imagination and the progressive explanation of the theory of functions ; (3) The
history of the discovery of Newtonian gravitation, and its influence on the develop-
ment of mechanics and physics ; (4) An exposition of the necessities which led to
thermo-dynamics, the conservation of energy, the principle of Carnot-Clausius
etc., etc.; (5) The history of biological methods.

IV. The History of Philosophy : (i) The aim of the method of the history of
philosophy; (2) Progress in the history of philosophy; (3) Can the study of ancient
philosophy be made useful ? (4) The place of the sophists in Greek philosophy ;
(5) Can the historical evolution of the ideas of Plato be determined ? (6) The
principles of natural science in Aristotle ; (7) The idea of evil in I'lotin ; (8) The
value of Scholasticism ; (9) The place of Descartes in the general history of thought;
(10) Spinoza and Leibnitz ; (11) The role of Hume's philosophy in the development
of modern thought; (12) Kant's criticism and psychology; (13) Fichte's ethics;
(14) Hegelianism in actual philosophy; (15) The tendencies in contemporary phi-
losophy.

POPULAR MUSIC.

The present number of TJie Open Court contains a short article by C. Crozat
Converse, a well-known American composer of both choral and popular music, in
which he presents his views on the rise of popular songs and the non-acceptability
of noble melodies to the American public. The general conclusion, although not
expressed in words, seems to be very saddening, for it would indicate that we shall
never have good national hymns or an elevating popular music. The cause of it
lies in the paramount influence which the broad masses of the people exercise in
America.

This is a feature of American life which has been pointed to again and again
with great satisfaction by representative champions of European systems of gov-
ernment. The truth is that the masses of the people are, and always will remain
vulgar. If their taste shall decide in matters intellectual, we cannot expect that
America will be productive of anything good in any line of progressive work. If
the democracy of a republic means that the majority shall dominate, then there is
no prospect here for the artist, the scientist, the philosopher, and the poet.

Republicanism does not mean that the majority shall rule. The laws shall
rule and the government shall administer the laws. The majority has the right
only to decide who shall be entrusted with the work of administration.

Republicanism removes the rule of princes and abolishes prerogatives of an
aristocratic minority, but it should neither endow the majority with sovereign
power, nor should it abolish the functions of an aristocracy. The rule of the ma-
jority would be not less a misfortune than the elimination of aristocratic influences.
American progressiveness has shown itself first of all in the useful arts, in feats of
engineering of all kinds, in the enhancement of mechanics, and American inven-
tiveness is mainly limited to that which is of immediate practical use, such as labor-
saving machinery, locomotives for heavy traffic or rapid transit, etc.

Our art critics have pointed out that American art and poetry are lacking in
originality and depth ; they are sometimes powerful, but rarely noble and elevat-
ing. As a rule, they appeal to the masses, and not to the taste of the cultivated
few. Most of the plays performed at our large theaters are stale and unprofitable;
they are more shows than dramas ; they are not a development of action and
thought but exhibitions of scenic effects and of gaudy dress. The question has

MISCELLANEOUS. 1 23

often been raised how this unhappy state of affairs can be mended. We have not
the slightest doubt that the conditions will be improved, and they may follow the
law of evolution, that is to say, the course of progress will begin with an attention
to the immediate and most pressing needs of practical life, proceeding to the higher
but not less important domain of intellectuality.

The advance of American civilisation shows that to a great extent a develop-
ment for the better has set in. The foundation of great universities is a step in
this direction. And endowed theaters which shall set the standard of musical and
poetical taste will be added in time. Endowed newspapers which should be started
on a limited basis, perhaps in the form of weeklies, will have to follow. As a mat-
ter of course, they must be rigidly non-partisan, and take the ground of a purely
ethical point of view.

The musical and artistic taste of the masses is not worse here than in Europe.
The war songs that were actually sung in the German army, both in 1813-1815 and
1870-1871, were by no means the classical music of later days. The German war-
riors did not sing either Koerner's or Arndt's songs, but ragtime-melodies, with
words of the coarsest character. It is a fact still that the officers of the German
army have great trouble with the singing instinct of the private soldiers, generally
venting itself in songs which not only betray a lack of musical taste, but also
abound in rudities and even shocking indecencies. The regulations in the German
army enjoin officers not to permit such breaches of good behavior ; but, neverthe-
less, partly through connivance, partly through actual encouragement on the sly
these songs spread like wild-fire. But these songs do not become known outside of
the army and the elevating songs of the German nation are produced and known in
a radically different atmosphere.

We may here on American soil allow public opinion to be too much dominated
by the taste of " the boys," but this consideration exercises perhaps an educational
influence on them, and may in time serve as a leaven that will raise the masses to
a higher musical understanding.

I see no cure for the vulgarity of our national taste in music and other arts
than by the foundation of independent art centers which would be looked up to as
an authority, and thus organise the better elements constituting an intellectual
aristocracy, — an aristocracy which is not based upon ancestry, but upon intellectual
and moral superiority. p. c.

LIFE AFTER DEATH. A COMMENT ON HOFFMANN'S STORY
OF "tante FRITZCHEN."

To the Editor of The Of en Court:

" It is awful, when two grow apart so and one of the two has to realise and
know it. O God, I am tired, and v/ant to sleep, just to sleep!" (Tante Fritz-
chen, Hoffmann.)

To those who cannot believe in a revelation, the position taken by " Tante
Fritzchen " which so shocked the good pastor, will assume less or more importance,
according to their intellectual environment. The sea of opinion will have no beaten
path for such to pursue. Each, from Hans Hoffmann's story as a centre, may
move out on one of as many lines of reflexion as a circle has radii.

But, to those who believe in a revelation, — let it be made through a carpenter
under the shadows of Lebanon, or through a prince of the plains under the
Himalayas, or through a shepherd of Sinai, or a camel-driver of Arabia,— the

124 "^"^ OPEN COURT.

whole matter of the questions so shrewdly raised becomes more simple. Each has
only to quote from records he holds to be sacred, and to show that no known fact
or truly scientific deduction is controverted by his "scripture." If the "scripture"
one holds as revelation does not agree with the ' ' scripture " another holds as revela-
tion, it is a cause for worry and indecision only to yet another who holds neithert o
be revelation.

The assumption made by the Carpenter of Nazareth that he knew, is forced
as truth upon the mind of the writer, — by training, by "intellectual environment,'
and by a study that has led to the conclusion that the Man of Nazareth spake as
never any other man before or since has spoken.

First : — The recognition by John, and James, and Peter, of the spirit compan-
ions of Jesus on the Mount of Transfiguration, — is evidence that the mental com-
pass or range of intuitive faculties, when the sphere of the now unseen world ;
entered, will be enlarged to a proportion perhaps limited only by the capacity of
the individual personality.

Second : — The recognition of himself called for by Jesus in the interval be-
tween his resurrection and his ascension, has only a limited significance, and that
only to those whose mental capacity cannot fathom a concept without sensual ac-
companiment,— such as sight, touch, hearing. He was "not yet ascended," — so
his bodily appearance had no necessary relation to the ordinary life after death
whose possibility and environment is in question. And moreover, he exercised
personal power which was sufficient to prevent or call for recognition at his will.

Third : — The exact words of Jesus, in description of this after-life are : ' ' They
are as the angels in heaven." He also, in a parable, used to, more or less poet-
ically, clothe a truth he sought to impress upon his hearers, spoke of " a great gulf
fixed," that divided certain of the dead from others whom they knew when on
earth.

Fourth ; — To the Sadducees, who said " there is no resurrection, neither angel,
nor spirit," Jesus went beyond his mere assertion, and gave what he considered
would be to them an unanswerable argument ; "That the dead are raised, even
Moses shewed at the bush, when he called the Lord the God of Abraham, the God
of Isaac, and the God of Jacob. For he is not the God of the dead, but of the
living."

According therefore to the revelation of the law-giver of Sinai, and of the
carpenter of Palestine, there is an awakening after death that leads to recognition
of one another and a satisfaction, that has no relation to youth or age, scars or
wrinkles, earth's ' forty-five years" or cycles of time. " Many of them that sleep
in the dust of the earth shall awake, some to everlasting life, and some to shame
and everlasting contempt. And. they that be wise shall shine as the brightness of
the firmament." (Daniel xii, 2 )

Nevertheless, the Athenians are not yet extinct, who, "when they heard of the
resurrection of the dead, some mocked ; and others said : We will hear thee again
of this matter." (Acts xvii, 32.)

Danville, Virginia. > Rev. J. Cleveland Hall.

THE CROSS IN ''JAPANESE HERALDRY."
To Ihc Editor of The Of en Court:

I read with interest the article in your December number on The Cross in
Japanese Heraldry, but I was astonished to read the author's statement regarding

MISCELLANEOUS. 125

the •' Manji," viz. that its use by Christianised Japanese nobility is a conclusive
proof of its Christian origin. This statement is absolutely incorrect. Whatever
Christianity the Manji may have is due to adaptation from sources similar to those
whence you trace the analogies in the histories of Nativities in your concurrent ar-
ticle theron. The Manji is an emblem whose use as a solar, and possibly lunar,
representative can be retraced to the fourteenth century B. C. having been fre-
quently found by Herr Schliemann among Trojan remains, and described in his
work Ilios. Moreover this Manji is merely another name for the Swastika of
India, concerning which much has been written ; I believe it is mentioned in the
Ramayana as being painted on the bows of Bharatas fleet, and it is shown in the
Arc}ucolo,irical Survey of India, vol x, plate 2, fig. 8, as being on a coin of Kra-
nanda, supposedly the oldest Indian coin.

This emblem is also known as the Cross gammee, and as the gammadion, and
could pile Pelion upon Ossa in proofs not only of its pre-Christian but almost of its
prehistoric existence.

Should any reader wish to look into the history of this deeply interesting em-
blem, I recommend for valuable assistance the Migration of Symbols, by M. le
Comte Goblet D'Alviella, Senator of the Royal Academy of Belgium, and also The
S-ixistika, by Mr. Thos, Wilson, Curator of the Department of Prehistoric An-
thropology at Washington, D. C.

Lowell, Mass. N. W. J. Havden.

BOOK NOTICES.

Talks to Teachers on 1'sychology : And to students on some of Life's Ideals. By
WiUiayn James. New York : Henry Holt & Co. iSgg. Pages, xi+3or.

Prof. William James has written a characteristic production in his Talks on
Psychology and Life's Ideals. The addresses abound in practical insight and un-
conventional wisdom, and have far more value for teachers than many of the pon-
derous tomes of the psychological Dry-as-Dusts. The scant pedagogical outcome
of the ultra-technical psychological research now in vogue, the great importance of
motor elements in education, the function of reactions, the laws of habit, the asso-
ciation of ideas, the factors of interest, attention, memory, apperception and will,
are all delightfully and, in the main, soundly emphasised. In the section, "Talks
to Students " the essay on "The Gospel of Relaxation" which is an appeal to the
American public, recommends a species of diluted Yoga-practice, a descending
at intervals to the non-thinking level, an absorption in the supreme felicity of
the sensorial life. Here, too, is the source of much genuine philosophy, Professor
James thinks; and it is his essay "On a Certain Blindness in Human Beings,"
which treats of this topic, that he likes best. The essay is a gospel for life's sake
a gospel of a subjective criterion of all ethical values, a levelling of all the stand-
ards of ideality to individual sentiment, culminating in the assertion that "the
truer side is the side that feels more, and not the side that feels less. " On this, his
individualistic and polymorphic philosophy, Professor James lingers with loving
emphasis.

We should like to quote, if space permitted, some of the many apt and trench-
ant passages which Professor James's book contains ; but we must content ourselves
with saying that serious readers of all professions cannot fail to find in it stimulat-
ing and ennobling thoughts.

126 THE OPEN COURT.

One of the latest issues of the Bibliotli'fque dc la rcinic ^encralc dcs sciences
published by G. Carre and C. Naud, (Paris, 3 rue Racine), is a cheap but very
elegantly bound volume of oddities and fancies from the history of mathematics in
France during the seventeenth and eighteenth centuries. The title of the work is
Opitiions et curiosiles touchant la lyiathematiquc, and the author is Georges Mau-
pin, member of the Mathematical Society of France. The following are the author^
and sources of a few typical selections : Orontius Finaeus, Bovelles, Montaigne,
Pascal, the geometry of Port-Royal, Lamy, Ozanam, Sauveur, Bossuet, D'AIembert,
etc. There are several good illustrations which include a portrait of Orontius
Finaeus (1556) and the frontispiece to a work by Barreme (1671). Many of the
extracts are interesting from the point of view of the history of civilisation, one for
instance being the question discussed in the Academy in 1667, as to the character
of the studies which were fit to be pursued by women, — a subject which is referred
to more than once in the book. Most of the space is taken up by certain classical
solutions of the squaring of the circle ; the collateral pursuit of medicine and geom-
etry is illustrated by an extract from a production of 1586; there is a proof of the
existence of God, deduced from a consideration of asymptotic spaces by a Jesuit,
Pardies, etc., etc. Upon the whole the book has a decidedly educational value, in
addition to its antiquarian importance.

Those who desire a sound and instructive discussion of the history and prin-
ciples of the municipal administration of American cities, may turn profitably to a
recent work entitled The GoTer)unent of Municipalities, by Dorman B. Eaton, a
man whose name has been known for many years as that of a distinguished civil
service reformer, and whose very recent death is to be greatly lamented. The first
portions of the volume are historical and critical. " In the midst of the vast con-
trariety and confusion of our hastily devised municipal constructions," says Mr.
Eaton, "I have felt the need of a definite plan and theory of city government, —
carefully considered on the basis both of principle and experience, — and I have
therefore presented such a plan, well knowing, however, that it would encounter
fewer objections if it were less definite and therefore less useful for its purpose.
Besides, it seems to be essential for our municipal betterment, to bring our indef-
inite municipal thinking — or lack of thought — and our manifold partisan schemes,
of city domination for party and sectarian advantage, to the test of a definite
kind, and organisation of city government, having its principles defined and its
methods organised in the interests of the people and not of any party or sect.'
(New York ; Macmillan Co. Pp. 408. Price, $4.00.)

In two good-sized volumes published by The Macmillan Co., Mr. Gamaliel
Bradford has traced through the intricate mazes of history The Lesson of Popular
Goi'erninent . Such subjects as universal suffrage, the general theories of democ-
racy, the histories of popular and cabinet government in Great Britain, the history
of France, public finance, the spirit of party and government in our legislature, are
treated in Vol. I. In Vol. II., the history and theory of state governments is con-
sidered, Massachusetts and New York having been taken as the type, and the gen-
eral theory of city governments in America examined and criticised. The key-note
of the work is this: That while the principles of the government and the character
of the people of the United States, despite their motley ethnological composition, are
still sound and reliable, " some modifications and readjustments of the machinery
must take place, unless we are to drift through practical anarchy and increasing

MISCELLANEOUS. I27

corruption to military despotism." The work concludes with an apt quotation from
an English writer that " the failures of government in the United States are not the
result of democracy, but of the craftiest combinations of schemes to defeat the will
of democracy ever devised in the world." The price of the book is $4 00.

Allen Walton Gould, who has done so much for the literature of children by
publishing a series of nature studies which appeared in the form of a periodical,
and was, if we are not mistaken, republished in book form, has made another ven-
ture of a similar kind, entitled. The Child's World in Picture and Story. Four
numbers lie before us, which are extremely interesting, and adapted as literature
for children of from ten to fifteen years. It is neatly and thoughtfully illustrated,
the first number being dedicated principally to " houses of silk" as built mainly by
moths, spiders, in trees, under ground, and under water. The second number
treats of " houses of paper," explaining the paper-like cells of the wasp. Next come
" houses of wood," built by seeds, (the pea building its pod, etc.) by birds and ants;
in addition, the beavers' dams are illustrated and discussed. The fourth number
is dedicated to " houses of clay ' built by various insects, in comparison to whose
work the mound builders are alluded to. The illustrations are carefully selected so
as to be instructive, and to render the articles more interesting. Price, $1.50 per
year, five cents per single copy.

The Macmillan Company began in January the publication of a new periodical
entitled, Tlic International Montiily; A Magazine of Contemporary Thought.
The type of the RIonthly is that of the more serious English and American reviews,
with the exception that in the present case a thorough-going popular presentation
of topics is aimed at. The editorial management is conducted by Mr. Frederick
A. Richardson, assisted in each department by an advisory board consisting of dis-
tinguished representatives of science, literature and art, in America, England, Ger-
many and France. The contents of the January number are as follows : Later
Evolutions of French Criticism, by Edouard Rod, Paris ; Influence of the Sun upon
the Formation of the Earth's Surface, by N. S. Shaler, Harvard University; Or-
ganisation among American Artists, by Charles De Kay, New York ; Recent Ad-
vance in Physical Science, by John Trowbridge, Harvard University ; The Theat-
rical Syndicate, by Norman Hapgood, New York. Price, $3.00 a year. Single
copies, 25 cents.

Fords, Howard, and Hulbert, of New York, have issued a collection of the
addresses delivered at the semi-centennial Jubilee of Plymouth Church, Brooklyn,
in November, 1S97. The title of the collection is llic Xciu Puritanism, and the
addresses are mainly concerned with the significance of the career of Henry Ward
Beecher, and of the work of Plymouth Church. Their tone is that of a liberalised,
but militant, Christianity, which still remains true to the stern ideas of Puritanism
as adapted to the changed condition of modern life. The authors of the addresses
are ; Lyman Abbott, Amory H. Bradford, Charles A. Berry, George A. Gordon
Washington Gladden, and William J. Tucker. (Pages, 275. Price, $2.25.)

Dr. Hermann Schubert, Professor in Hamburg, Germany, and well known in
the educational world for his text-books of elementary mathematics, has just pub-
lished a second edition of his Exercises i)i Arithmetic and Algebra {.Aufgaben
aus der Arith/netih iind .Ugebra fiir /u'ld- uud Biiigerschiden . Potsdam. 1S99

128 THE OPEN COURT.

A. Stein). The new edition has been entirely recast, and is published in three
forms: (i) With answers; (2) Without answers; and (3) With the answers sepa-
rate. The examples are systematically and logically arranged, and would be espe-
cially valuable for the use of teachers in preparing examinations The collection
will be in two volumes. (Price, i Mark 70 Pf. each).

A SyNahtts of the Leclures 011 I't-rtcbrala delivered by the late Prof. Edward
D. Cope in his courses at the University of Pennsylvania have recently been pub-
lished by the University. Professor Cope was one of the most distinguished sci-
entists that America has produced, and Professor Osborn, who writes his biography
in the present volume, ranks him as a comparative anatomist, both in the range
and effectiveness of his knowledge and ideas, with Cuvier and Owen. There are
many illustrations in the work and a portrait of Professor Cope. Price, cloth, $1.25

The International Folk-Lore Association, of Chicago, has issued the first
authentic collection of Tales fi-om the Totems of the IHdery. The collector of
the tales is James Deans a well-known geologist and ethnologist, who prepared for
the World's Fair an anthropological exhibit representing the modes of life of the
Hidery Indians of North-west British America, — an exhibit now to be seen in the
Field Columbian Museum, at Chicago. The book is published in good form, and
with illustrations.

The publishing house of Otto Hendel, of Halle, Germany, has just issued in
their Bibliothek der Gesamt-Litteratur a new edition of Immanuel Kant's Cri-
tique of Pure Reason. The editor is Dr. Karl Vorlander who has supplied an
introduction and a carefully compiled index. The text is that of the second edition
of the Critique, published in 1787. The price of the volume bound is 3.25 marks
only.

NOTES.

We have just been informed of the death of the Hon. John B. Stallo, which
took place on January 6th, at his residence in Florence, Italy. He was one of the
most prominent philosophers of this country, and combined in his person the rare
qualities of a thorough knowledge of the exact sciences with an unusually clear and
logical judgment, which had been sharpened in his profession as a lawyer and
judge. He served as United States Minister to Italy under Cleveland's administra-
tion, and remained in that country after his resignation. His American home was
Cincinnati, Ohio.

Professor Mach writing from 'Vienna, says : that his great book. The Concepts
of Modern Thysics is far too little known and appreciated, at least in Germany
and he adds "perhaps I might succeed in causing a German translation of his main
book to be made and brought out here." Professor Mach, who has for two years
been in correspondence with the American thinker, adds that his career too was
very remarkable.

The National Pure Food and Drug Congress will hold its third annual meeting
in Washington at the Columbian University, beginning their sessions on Wednes-
day, March 7, 1900.

Newest Publications.

History of Modern Philosophy in France. With twenty three Portraits
of French Philosophers. By Professor L. Le'vy-Bruhl, Maitre de Con-
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Descartes' Discourse on Method. With Portrait after the painting of
PVanz Hals. Pp., 86. Paper, 25c (is. 6d.). The Discourse is the
simplest and pleasantest introduction to philosophy that one can
procure.

Solomon and Solomonic Literature. By Moncure Daniel Cotnvay, L. H.D.
Portrays the evolution of the Solomonic Legend in the history of
Judaism, Christianity, Hinduism, Buddhism, Parseeism, and also in
ancient and modern Folklore. Pp., viii-f 243. Cloth, ^1.50 (6s.).

A First Book in Organic Evolution. By Dr. D. Kerfoot Shute, Professor in
the Columbian Univ. With Nine Colored Plates and Numerous Illus-
trations. Pp., 285. Price, $2.00 (7s. 6d. net).

Science and Faith ; or, Man as an Animal, and Man as a member of So-
ciety. With a Discussion of Animal Societies. By Dr. Paul Topi?iard,
Editor of the "Revue d'Anthropologie, " and sometime General Secre-
tary of the Society d'Anthropologie. Translated from the Author's
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The Evolution of General ideas. By Th. Ribot, Professor in the College
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