Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-01-18
LEGAL LIGHT
ON EXPANSION.
New York State Bar Association
Listens to Arguments.
THE PHILIPPINES DISCUSSED
ur. Gardiner Gives n Mastery speech
Regarding the Question That H.
Agitating Ciasse. and Masses.

Albany. n. v. Jan. is.-rhe New
York State bar association held It's
annual meeting here today.
Tho feature OF the meeting was
speech by Charles a. GARNER. counsel
for the elevated railroads Of New
York city.who gave an address on "our
right to acquire and hold foreign ter
ri,ory."
AIR. Gardiner began with the following
proposition.
MIR. GARDENERS SPEECH.
The rovcrcclgn nations of the world
posscss equal rights and equal powers
Their equality IN perfect. their indie
tendance absolute. between them ma
upnnl constitutions are unknown. In
external aud international relations the
United States IN assumed by all other
tuNcrcignticn to poaacHH absolute pow
err. unroatraincd by constitutional
Limitations. That assumption ~ corr
rect, based upon the fundamental can-
on OF the law Of nations The United
states may fntify ita proposed treaty
with spain. and no other nation has
amy right 90 question It's political or
constitutional authority 10 do 80"
The speaker contcndcd that soycr-
cignty eNistn In the people. not In the
Constitution, which ~ merely law.
made by the people. The Internal mat
tiers OF government powers not grant
ed By the Constitution 10 the federal
government are reserved to the states.
In external matters powers not cx-
prcssly forbidden to the national gov
eminent are to be- exercised by u. tn-
der the later head comes the question
OF acquiring territory.
PROBLEMS or EXPANSION.
AN problems OF EXPANSION" AR. Gar
diner said. are political, not judicial.
and therefore not covered by the COM
ntltution. Political questions depend
only upon the viii of the sovereign.
In this case the sovereign ~ the people
OF the United States represented by
III Federal government has not only
the right To acquire. but to dispose 90
territory. The government OF terrltor-
les u not constitutional aud Ia u Con-
Ercsn IN not limited Ia any manner
Whatever"
Scattered through hts address were
many references To the Suprtlnc court
drciaionn sustaining thu claims he
madc In fcfercnoe Is the 10 etnuicnt
OF territories he said
chief Justice Waite said: AN tor
tltory within the Jurisdiction OF the
United States, not Included Ia any
state, must necessarily be governed
by or under the authority OF Com
authority over the people Of the terri
tories ana all the departments OF the
territorial governments, uit u. =. ias)
In later case the court decided that
In ordnining government FOR the terri
tories, all the discretion which belongs
10 legislative power Is vested la con.
grcHH.' dit q. =. 80 The power Of
Congress over the territories IL gem
erai and plcnary,' said Mr. Justice
Bradley Use 4. r. 49, And the court.
summarizing the whole matter, an.
nounccd this opinion through
Mr, Justice brewer; a ter
rltory IL political community, organ.
iEod by Congress, an whose powers are
created by Congress. and all whose acts
are subject TO congregational nupcrviH.
ion.' uss u. \. 4iG)"
DRIED SCOTT DECISION.
Mr.. Gardiner referred TO the bred
Scott decision which has been quoted
na supporting the claim that expansion
II unconstitutional, and In which JUS
tice fancy said: There In certainly
no power given by the Constitution 90
the Federal government he said, 10
establish or maintain colonies border
ing ON the United states OF at dis
lance. TO be ruled ana governed at its !
own pleasure, nor to enlarge itH terri
torial limits In any way except b. the
admission NJ new states. That power
In plainly giycn.'
1T has boon held TO authorize the
acquisition Of territory not NJ Tor nd
mission az the time but To be admit
ted. IL N acquired 10 become
a state and not to be- held US a colony"
10 How. 40, if1l
Mt. Gardner said;
II am OF opinion that this declara-
tion IN not a dlctum, as often contend.
cd but vital part OF the dccisiQn: an
essential step In. an elaborate 'argu-
mcnt. a point necessarily involved In
deciding that the Missouri compromise
was unconstitutional aud bred Scott
a slave and not u citizen.
THE decision IN either law or not
law. II cannot be valid as TO colonies,
"A secondary consideration, and invalid
ms 10 slavery. a primary issue, II must
stand or fall as u whole, Hence We
have this dilemma; n today the bred
Scott decision II law, then the 18th, itth
aud 18th amendments are not law: the
results OF the rebellion are nulllncd;
the Missouri compromise was uncon-
htitutional; slavery can be maintained
In all our territories and the negro has
mo rights which the white man III
bound to respect 90 How, 1919 This
dilemma has been overlooked"
THE PRESS AZ A FACTOR.
Mr., Gardiner went on to assert that
the laws Of the United States do not
apply TO any territory not In Possession
OF the government when thcy We're en-
acted, Thus the relations OF newly
acquired territories would stand In the |
same relations 10 the states regarding
the tariff as they did before being nc- |
quircd.
Mr. Gardiner gave credit TO the press
OF the country Tor the growth OF the |
expansion sentiment and called upon |
the bar 10 give It's support to the work |
OF spreading II.
POr COhN FOH PARIS.