The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-07-12
Continued from Ist page.)

Wallans, as represented by the
majority Of them, the Cubans, the
Porto Ricsus, aud the Philippines,
are without the pale of the claws of
Nature and of Natures God" aud
that they are not entitled to a gov
eminent deriving its "iust powers
from the consent of the governed;
that they may be ruled by our Con-
gress, sitting at Washington, enact
ing laws for those whom few Con
gressmen have seen, and Of whose
needs they are ignorant-laws that
may differ as to each distant colony
or, what is perhaps the most likely
result Of such rule. Congress may
forget or absolutely neglect its sub
jects, as 1t has forgotten Alaska, for
example, and as it has neglected the
District of Columbia.
Congress is the power which gov
erns territories, aud it governs them
so absolutely that some Of the judi
cial decisions, asserting or affirming
this power, indicate that the day
may come when the Supreme Court
of the United States may de-
clare that the limitations of the
Constitution affect Congress only
in respect OF legislation touching
the States of the Union, and
that they do not prevent Congress
from exercising power over terri
tories as unrestricted as that which
is exercised by the British Parlia-
ment. In recent case decided by
the United States Circuit Court of
Appeals at San Francisco, Judge
Morrow said: 1.-THE Territories OF
the United States are entirely sub
jeot to the legislative authority of
Congress. They are not organized
under the Constitution, nor subject
to it's complex distribution OF the
powers of government as the organic
law" Justice Bradley of the United
States Supreme Court, in 1889, in an
opinion in a case involving this
question, said: Doubtless Congress
in legislating for territories would
be subject to those fundamental
limitations in favor Of personal rights
which are formulated in the Consti-
tuition and its amendments; but
these limitations would exist rather
by inference and the general spirit
of the Constitution, from which
Congress derives all it's powers, than
by express and direct application OF
it's provisions" Justice Bradley
moved forward a little along line
pointed out by Marshall, going be-
yond any decision that had thereto
fore been made by the Supreme
Court; and while it may be that
the Court will always find reason
for keeping Congress within the
constitutional limitations, its recent
history shows that it is equal to bold
departures. 1t may therefore some
day reach the point of declaring
that there is no limitation upon the
powers of Congress in its govern
ment of territories.
Without regard to this point, how
ever, the question as to the advis-
ability Of adding territory to our
government, which shall be COM
pletely under the control of Con-
gress, is a very serious one. Certain
ly most of us are wrong in our judg-
ment of Congress il the powers of
that body ought to be enormously
increased. 1t has been supposed
that proper regard for the inter
ests of the country demanded rather
that they should be curtailed. For
many years it has been very diff
cult, practically impossible, to in
duce Congress to devote itself to
the promotion of the general vel
fare. 1t has neglected its present
duty. Are we to be happier, are our
problems of government to be more
easily solved, by increasing the al
ready neglected duties Of Congress