The Independent., 1898-03-30
About Precedents.


established precedent in the Texas
case, and Congress can now origin
ate another precedent. 1t is we'll
not to forget he details of the Texas
case. All OF Florida and Louisiana
had been the property of Spain.
Louisiana included Texas. Spain
by treaty ceded to France all OF her
possessions on the continent except
Florida. In 1906 the United States
by treaty annexed to our territory
all OF Louisiana. In 1919 we made
a treaty with Spain annexing Florida
and ceding to her the Texan part
Of Louisiana. The King of Spain
did not ratify this treaty until after
he had lost Mexico by the revolution
1t was held, therefore, that this rati-
fication did not convey Texas to
Mexico. In this nice question was
the germ Of our contention with
Mexico that finally led to war As
a result OF the battle OF San Jacinto
Santa Anna made treaty conceding
the independence OF Texas, which
threreupon set up for herself as the
Lone Star Republic.
1t will be seen, then, that our sur
render OF Texas by the treaty OF 1919
was imperfect; that Meyico's claim
was defective; and that admission
of Texas by joint resolution as a
State was the actual recovery of
domain over which we had always
retained a shadow OF title. Texas
was not annexed as territory, but
was admitted as a new State into
the Union by express authority of
the constitution granted to Con-
gress. Precedent was followed, not
invented. The constitutional theory
and practice that alien territory can
be annexed only by the treaty-mak-
ing power Of the constitution was
left undisturbed.
The Chronicle avows itself ready
and willing now to establish pre-
cedent, which will ignore the treaty
making power and arrogate to Con-
gress a power which no expounder
of the constitution has ever pretend
ed that it possesses. Congress can
establish no precedent unwarranted
by the fundamental law. If it could,
the work Of Chief Justice Marshall,
in definition of the powers OF the
three coordinate branches of the
Government, would not be worth
the binding of the books in which
it is inscribed.
When Tim Campbell represented
Tammany in Congress he introduced
a bill that was declared unconstitu-
tional by the Judiciary Committee.
Tim heard the report, and, address
ing the chair, said, "Mr. Speaker,
what's the constitution amongst
friends2"
The Chronicle seems to follow
Tins construction of the funda-
mental law. Between such friends
as the island oligarcby and the
Chronicle the constitution may not
amount to much, but to the great
body Of the American people it
amounts to the charter of all the
rights they have, and should not be
violated il the smallest particular
lest it become ineffective in all its
parts.
Will the Chronicle say, once for
all, whether it favors the immediate
admission OF Hawaii as a State OF
whether it favors its annexation as
a territory, ultimately to be admit
ted as State?
Will it also cite the constitutional
authority for the accomplishment
OF the second and third plan by joint
resolution instead Of by treaty.
Let it be remembered that this
country fought four years of de-
structive and costly war to establish
the constitution as the supreme law
Of the land, and if now that instru
ment may be set aside the sacrifice
made in its behalf was valor, life and
treasure spent in vain.-S. f. Call.
oheerily, OIL The Anchors Weighed