New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-21
THIS UNCONSTITUTIONAL UNION.
AND WHAT WOULD BEST BE DONE WITH IT
IF THE LITTLE AMERICAN" AGITA-
TON WERE TO PREVAIL.

To the Editor of The Tribune
Sir: Every now and then It is reported that
here and there some one soemnly declares that
the Constitution does not permit the United
States 10 acquire foreign territory. and thereby
succeed 10 the sovereignty OF foreign nation
over the whole or a part OF its doninions. In
view Of history and the Constitution itself
this position strikes the ordinary mind Dor
dering on the hystercal Though the Consttu-
ion places a number OF restrictions upon the
National powers, nothing appears therein eX-
pressly denying the power To acquire foreign
territory and succeed to foreign sovereignty.
On the other hand. the Republic was organized
as nation possessing every sovereign power
not expressly or by necessary Implication de-
MED limited. That the acquisition of terri
tory in addition 10 that Of the Thirteen States
contemplated is disclosed by Article ".
Section 3. paragraph 2 OF the Constitution:
The Congress shall have power TO make all
ncedful rules anC regulations respecting the ter
ritory or other property Of the United States.
Historically, know that almost from the
very beginning the United States entered upon
an extensive policy Of expansion by acquiring
foreign territory and succeeding 10 foreign SOW
ereignty. Constitutional or unconstitutional.
that is what We have been doing through four
generations
1t would be Instructive 10 draw map o, the
United States originally constituted and as
constituted ard by different coors indicate
how much we have acquired in the interim from
foreign nations. In the Revolution the Thirteen
States were strip Of land along the Atlantic
and butting up against the Appalachian Range,
and which we will call the Alleghanes and Blue
RIDGE. BY the Treaty Of Peace in 1888 we ac-
quired not only independence, but also the SOW
the back country to the Mississippi In 1879
Great Britain coded to us Wisconsin. In 1895
we obtained from Spain the northerly part OF
West Florida In 1903 we bought from France
the great Louisiana Territory. being the land
north Of Texas and reaching from the Gulf and
the Mississippi 10 the Rocky Mountains and
British America. Great Britain in ISIS coded 10
US the region about the headwaters o. the Mis-
sssppi. The next year purchased from
Spain the Floridas In 1s42 Great Britain sur
rendered to us portion OF what is now Maine.
and also Rouse's Point. on Lake Champlain.
We annexed the Republic OF Texas In le45. In
1876 Great Britain renquished TO us the Oregon
Territory and thereby extended to the Pa
clhc. During 1s4S and 1853 Mexico ceded TO
US her possessions west OF Texas 70 the Pacific.
Russia, IN 1867. ceded 10 US Alaska. and. finally,
during the present year annexed the Re
public Of Hawaii. Before the war we endeav-
ored to induce Spain to sell Cuba to US and now
she surrenders Guam the Philippines and Porto
Rico
A. will be seen. almost the entire soil 81 what
is now the United States was, at the Declaration
OF Independence, owned by foreign nations 1t
is doubtful. If any other nation has acquired so
much Of what were foreign sovereignties as
these United States. In the main. our present
sovereignty consists OF a series Of SUGGESTIONS
to the sovereignty OF seven other nations.
The generations which made these purchases
and obtained these SUGGESTIONS believed they
possessed the constitutional power TO deal in
sovereignties and went into the business on
most expansive and imperial scale. II seems,
however II the dissenters are correct that this
policy was all unconstitutional Then It follows
that ali the new States added 10 the Original
Thirteen and organized out OF the territories so
purchased were unconsttUtionally organized
and admitted into the Union. and have no con-
stitutional existence Possibly IT is so. still 1t
may be doubted il the American people can be
so persuaded.
On several occasions the Supreme Court has
affirmed the constitutional power OF the Ma
tional Government 70 acquire foreign lands.
Chief Justice Marshall who. perhaps more than
any one man stamped his mind upon the Con-
s-itution. and gave thereto its ultimate broad
INTERPRETATION. said. in the case Of the American
Insurance Company against Cantor. decided in
1928 and reported in Peters. OIL
The Constitution confers absolutely the
Government Of the Union the powers Of making
war and OF making treaties; consequently that
Government possesses the power o. acquiring
territory either by conquest or by treaty
Still later. and in 1870. the Court IN the case
OF Stewart against Bloom. reported in II Wal
lace. 493. unanimously approved Of the above
case Justice swayne delivering the opinion,
said
The war power and the treaty making power
each carries with it authority 10 acquire terri
tory Louisiana, Florida and Alaska were &C
outred under the latter. California under both
The political complexion Of that court adcs
weight 10 the decision because OF the fact mat
eminent turists Of all shades Of political opinion
Joined in it, viz: Republicans, JUSTICES strong
Bradlev and Miller; Republicans with Demo-
cratic leaninss which soon thereafter led them
into that party Chief Justice Chase, Justices
Davis and Field Democrats, Justices Clifford
and Nelson The two last-named had partici-
,,,.s IN the famous bred Scott decision OF
1877 "a Howard. 393) wherein Chief Justice
Tanev had expressed doubt Of the power OF
,be Government 10 acquire territory 70 be per
,nsnentIv held and governed colonies stu,
strict constructionist as he was. he said: 1T Is
a question for the political departmt Mt OF the
Government (hat is. the Executive and Legs
lative) and not the judicial; and whatever the
political department Of the Government snail
recognize as within the limits OF the United
states the judicial department Is also bouhd
70 recognize and administer In II the laws OF inc
United States. far as they apply ana 10 main
tain in the territory the authority ana the rights
OF the Government"
Judge fancy did not question the power OF
the Government TO acquire new territory. what