The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-08-01
THE NATIVES AND THE TERRI
TORIES.

The natives seem to be unduly
alarmed about their political condition
in the future.
The native press publishes grossly
inaccurate statements about the power
of Congress over the people of a ter
ritorv. and the treatment of the negro |
in the Southern States. They are led |
to believe that the people OF terri
tory are without any rights, are the
creatures of Congress, and will be
treated by it, just as the negroes are
treated by the Legislatures OF seVeraI
of the Southern States.
Unfortunately the matter involves
constitutional law, and the rather in
definite relations of a territory to
State and the general government.
The native cannot be blamed, if he
does not understand these relations.
Indeed, ninety per cent. of American
citizens could not pass very credit
able examination on the subject. Even
the lawyers, and judges cannot always
agree as to what these relations really
are. Every little while new relation
is discovered by the Courts.
1t must be expected that very ignor-
ant white men will put foolish notions
on the subject into the heads OF the
natives, and disturb them.
The fact is now pretty well known
that the makers of the Constitution
did not foresee what vast territory
would be acquired by the Nation
aside from the large territory
that belonged to the original States.
So they simply provided in that in
strument that Congress should have
the right to make "all needful rules
and regulations for the government
of territories" and stopped just at that
point. Nothing was said about the
rights of the people who might live in
the territories. 1t was assumed that
Congress would take care of them
Justly and generously until they were
converted into States.
The Constitution did not say, as
residents of States you are fully cap
able of self government, but as resi-
dents of a territory you are not fit to
take care of yourselves" The idea
was that a territory should be con-
sidered a minor child, until it had
certain number of people, and then 1t
was made over into State, and con-
sidered to be of age, and able to take
care of itself.
The Supreme Court has, however
been called upon repeatedly to define
the relations of the territories to the
Federal Government. 1t has inter
preted or applied the Constitution, t(
these relations, and has had some diff
Guilty in doing so, because the Consti
tuition is silent on the subject. Blu
this great Court has laid down some
very definite law, which Congress mus
observe or the Court will pull its ears
as it does occasionally.
Several years ago, the power of Con
gress to break up the Mormon Church
of Utah, then a territory, was befor'
this great Court, and these words wer
used in the decision of the case.
The pIenary power of Congress owe
the territories combine that of lOca
proprietor of land, and a regulator o
local government. Doubtless the pow
err is subject by implication to all fun
damental limitations, in favor Of in
dividual rights which are now formu
lated in the Federal Constitution an
it's amendments" Q36 u. S. r. II
The plain meaning of this is, tina
Congress cannot do just as it likes wit
the people of a territory. If it deprive
them of rights" the Court will pro
tect the people. But the difficulty Is
in ascertaining just what tie rights
are.
So far as the natives are concerned
they need not have the least fear re
garding the Commissioners. Their
could not have been selected from tn
vast population of the country, 1t l
safe to say, four men more friendI