The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-07-20
Forward I!

No decision of any Federal court for
years and years has brushed away 80
many cobwebs as the opinion of the
United States Circuit Court of Appeals
in the ninth judicial circuit, in the case
of the Alaska liquor sellers.
The case itself, originally of infinitesi-
NAL importance and interest, was pre-
scented in court on appeal in such
manner that it involved fundamental
principles and Constitutional questions
of far-reaching consequence. The ques.
ton before the court was nothing more
or less than the power Of Congress to
institute one form of government in
one part of the national territory, out
side of the States themselves, and an
other form of government in another
part; and likewise to exercise generally
in the government of territory pow
ers not conferred by the Constitution.
The case was considered with great
care, and about six weeks ago the de-
cision of the court was rendered at San
Francisco by Judge Morrow. Read
again the clear and positive affirmation,
by Federal court from which there is
appeal only to the Supreme court at
Washington, of principle which
reaches all way around the world, if
need be:
"The territories of the United States are
entirely subject to the legislative authority
of Congress. They are not organized under
the Constitution, nor subject to Its complex
distribution OF the powers OF government as
the organic law, but are the creation, ex-
clusivey, of the legislative department,
and subject to its supervision and control.
1t [Congress] may legislate in &C.
cordance with the special needs Of each
locality, and vary its regulations to meet
territory all the functions OF government
are within the legislative jurisdiction OF
Congress, and may be exercised through
local government or directly"
The comprehensive principle, af-
frmed by the United States Circuit
Court of Appeals as "well established
doctrine" simplifes matters exceed
ingly for the America of the twentieth
century. 1t sweeps aside the objec-
tions of those obstructionists who main.
tain that because the Constitution does
not specifically provide for colonial
system there is no Constitutional
method by which this nation can pos
sess remote dependencies and admins
ter their affairs under our flag. 1t de-
stroys utterly the pretence that our
form of government is not suited for
widely different peoples and varying
conditions.
Under this Constitutional doctrine,
Congress is all powerful for imperial
rule; already equipped with all the
powers needed for the government of
any island or any land on the face of
the globe which we have acquired or
may hereafter acquire.
Under this doctrine, for example,
Congress might govern Hawaii directly,
as it now governs the District of Column
bia. 1t might administer the affairs of
Cuba through an executive styled
Protector, and the Protector might be
Cuban. 1t might continue indef-
nitely military government in the
Philippines. 1t might establish Par
lament in Porto Rico, a Consul. Com.
missioner in the Landrones, and q
Naval Board with supreme executive
authority in Carolines. 1t might make
different set of laws for every one of
these regions, according to the charac-
ter of the people to be governed. 1t
might change the form Of government
anywhere, to meet changes in the con-
ditions OF the case; and all under the
same flag, for the power Of Congress in
United States territory, outside OF forty
five States, is absolute and limitless.
So elastic are our institutions, under
the Constitution as it stands to-dayi
So perfectly adapted is the American
system for any amount of expansion,
imperial prosperity, and national glory
in the years 10 comei-New York Sun.