Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-01
FROM srANEy TO rANEy.

| the ''open door system In the Philippines
| and are satisfied that under the de-
cision of the Supreme Court In the case
| OF Fleming ct al. VIZ. Page Congress
| has power TO continue the system In force
The question at issue in the case cited
| was whether Tampico. while in the mill
| tary occupation OF the United States In
| 1877. ceased to be foreign country within
! the meaning OF the revenue laws, ana
| the decision of the court was rendered by
| Judge fancy. II was first held that ter
rtory in the military possession OF the
United States as n result Of conquest,
and not yet finally and definitely held
as United States territory, must be treat
ed as foreign territory under the revenue
| laws. Next the court recited that
after Florida had been ceded TO the
United States and the forces Of the United
States had taken possession OF Pen
sacola, 1t was decided by the treasury
Department that goods imported from
Pensacola, before an act Of Congress
was passed erecting II into a collection
district and authorizing the appointment
of a collector, were liable to duty-tiint
is. that although Florida had, by cession,
actually become a part of the United
States and was I'm our possession. yet un-
der our revenue laws its ports must be
regarded as foreign until they were es-
tablished as domestic ports by an act OF
Congress. Under this decision. the
Herald's special goes on to say. 1t is
believed to be clear that ports in territory
held by the United States can be con-
sidered as foreign ports, indefinitely" as
far as the revenue and navigation laws
of the United States are concerned. If
this is true it is. adds the special, within
the power of the government 10 establish
for such ports an entirely different tariff
system from that I'm the United States,
and to enforce the United States tariff on
goods from those ports while collecting
their tariff on goods from the United
States. And this, we are told. Is what
will be done under the open door policy.
as it is proposed by the administration
to have it in force in the Philippines.
Now, the Herald's special carries us
beyond the mere "open-door" issue to a
much broader question. II places the
President and his Cabinet In the position
OF maintaining that Chief-Justice fancy
laid down the doctrine that territory ac-
quired by the United States could be de-
barred indefinitely" the privileges Of
statehood Did he intend TO do anything
OF the kind? On that point let US appeal
from Chief-Justice fancy in the case Of
Fleming ct al. VS.. Page to Chief-Justice
fancy in the bred Scott case. What did
the learned jurist say as bearing on this
question In the latter case? We gave the
substance OF his deliverance the other
day, but we now quote his words as fol-
lows:
There is certainly no power given by
the Constitution to the Federal govern
ment TO establish or maintain Colonies
bordering on the United States or at
distance. to be ruled and governed at its
own pleasure, nor to enlarge its terrific
rial limits in any way except by the adj
mission of new States. That power is
plainly given; and if a new State is adj
mtted. it needs no further legislation by
Congress, because the Constitution itself
defines the relative rights and powers
of the State, and the Federal Govern
ment. But no power is given to acquire
a territory to be held and governed per-
manently in that character.
And indeed, the power exercised by
Congress to acquire territory, ana
establish a government there ac-
cordng to its own unlimited discre-
ton was viewed with great Jealousy
by the leading statesmen of the day And
i'm the Federalist (No. $50, written by Mr.
Madison. he speaks of the acquisition
of the northwest territory by the con-
federated States, by the cession from
Virginia, and the establishment Of a
government there. as an exercise or
power not warranted by the Articles of
Confederation, and dangerous to the IL
berries of the people. And he urges the
adoption Of the Constitution as a security
and a safeguard against such an exercise
Of power
The learned Chief Justice reinforces this
doctrine, or, rather. dictum, in the fur
Their declaration that territory SIS &C
quired to become a State, and not to be
held as a Colony and governed by Con-
gress with absolute authority" Then, af-
ter setting forth the principle upon which
"our governments State governments)
rest" and upon which they alone con-
tinue TO exist" and defining how the
General Government derives it's powers,
he says:
"a power therefore in the General Gov
eminent to obtain and hold Colonies and
dependent territories, over which they
might legislate without restriction, would
be inconsistent with its own existence In
its present form"
Certainly, as regards an open door lin
definitely" this decision would seem to
knock from under Mr.. Mckinley and his
Cabinet the Fleming ct al. VS.. Page
prop 1t shows that there is no warrant
for the construction they put upon the
Florida decision And, of course, the
going down Of this prop, or the manner
in which the bred Scott decision knocks
it down, settles also the broader question
we have noted as involved in the conten-
ton Of the President and his official
household. In truth, there is going TO be
a great opportunity for the constitutional
lawyers in the Senate when the treaty of
the President and his commissioners with
Spain comes before that body.
--- -----------
The Rev. DR.. Thomas G. Hall, son of
the late Rev. DIR. John Hall, who was for
so many years pastor OF the Fifth-Avenue
PRESBYTERIAN church, OF New York, has
accepted a professorship in the Union
Theological Seminary He will fill the