New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-16

II
e. the consideration Of practical and pressing prob
,as are to be moro narrowly constitutional than
-. men that wrote the Constitution!
r n said that any rate our practice under this
,ause of the Constitution has been against the
,5ew Of the that wrote H. and In favor OF that
o,ed from Mr. Chief Justice Marshall? Does
ovhody seriously think. then. that though We have
- New Mexico Arizona and Oklahoma as terri
,as part OF Il nearly a century, and all OF 1t
.r century. our representatives believed all the
"sns they had no constitutional right TO do so?
r,no ,maglnes that when the third OF century
ling which We have already held Alaska is
S,ded out 10 a full century. that unorganzed
s.rritory will then have any greater prospect
- NJ present Of admission a State. who
susves our grandchildren will be violating the
Constitution in keeping 1t out? Who magines that
Asr the Constitution ordained on this continent
S-"cacally for the United States Of America" We
s 'r ever permit the Kanskas. Chinese and Jap
,ese who make up majority OF the population IN
- sandwich Islands, to set up government OF
.Aoir own and claim admission as an independent
"a sovereign State OF the American UnionF
rsnally let add that conclusive proof relating
9. or,v 20 practice under the Constitution but TO
,-acise construction OF the constitutional IAN
80 as TO the Territories by the highest author
g. IN the light OF long previous practice. is 10 oe
w. - IN another part of the instrument Itself de-
N-ots,v added three-quarters of century later
49, XIII provides that neither slavery nor In
'r,arv servitude shall exist within the United
s,es M anu place subject TO their JURISDICTION
% ~ term the United States as used in the Con-
lection really includes the Territories as an inte-
g. Dsrt as Mr. Chief Justice Marshall said wha'.
gre soos the Constitution mean by the additional
'Nes "or any place subject to their jurisdiction
-, 20, TOO plain for argument that the constr
- here refers to territory not a part VI ule
u.s. states but subject to its jurisdiction-terri-
urA'eo o,rnle like the Sandwich Islands or the
tory, for e1ainp''' INV
philippines -, - ., 60 ,h. o,,nion OF the
". chief Justice?-for after all his Is not name
~ 6ealt with lightly. Well. first. 1t was
-, NOT q decision OF the court Next IN an
W and later case, before the same eminent
o'N . me a constitutional expounder as eminent
u generally accepted-none other than Daniel
sro,s,er-yho took precisely the opposite Nie"
= ,os discussing the condition OF certain terri
.o-v on this continent which we had recently
". ,,ad SAID Mr. Webster: What .s Florida?
So M mart Of the United States. How can II be?
-ssAaa Is 10 be governed by Congress as 1t thinks
- Congress might have done anything
,rcb, have refused trial by jury. and refused
s.,a,,,-a" Well after this fat contradiction
:. he courts former dictum what happened? SIM
NV that Mr.. Webster won his case. and that the
Cb,ef Justice made not the slightest reference 10
"a ovn nreyious and directly conflicting opinion
Need we give it more attention now than Marshall
6ld then? -
NJ Webster maintained the same position long
..-u,ara in the Senate of the United States, In
baen continuously sustained since by the courts
s,d nv Congressional action. In the debate with
" Calhoun In February 1s49. Mr.. Webster said:
.sWhat is the Constitution Of the United states
Is not its very first principle that all "lthih us
Influence and comprehension shall be Represented
in The LEGISLATURE which it establishes win NOT
only right OF debate and right 10 vote IN Doth
houses of Congress but right 10 partake In the
choice Of President and Nice-PresidentY Inc
President of the United States shall govern TINS
territory as ne sees ft till Congress makes iur-
r. ,,-o,.ision We have never had terri
,o-, govarned as the United States is governed.
| do not say that while we sit here 10 make
, laws for these territories we not bound by
every one OF those great principles which are IN
tended as general securities for pubic liberty but
they do not exist In territories TIL INTRODUCED Dy
The authority Of Congress. Our history IS
inform In its course. 1t began with the acquH-
20, OF Louisiana 1t went on after Florida be-
anne a part of the Union. In all cases. under all
circumstances, by every proceeding or congress on
the subject and by all judicature nethe SUBJECT
has been held that territories belonging 10 'ne
United States were TO be governed by consttu-
40, ~ their own and in approving that
constitution the legislation Of Congress was not
necessarily confined those principles that Dind II
when II is exercised in passing laws for the united
States itself"
Mr. Webster for judicial opinion sustaining these
views and Mr. Webster said that "the same thing
has been decided by the United States courts over
and over again for the last thirty years may
add that II has been held over and over again
during the subsequent fifty. Mr.. Chief Justice Waite,
giving the opinion Of the Supreme Court OF the
United States Din National Bank sgt. Co. OF Yank-
ton l L s. l29-132) said: 1T is certainly now too
late 10 doubt the power OF Congress 10 govern the
Territories Congress Is supreme, and for ell the
purposes OF this department. has all the powers
OF the people Of the United States. except such as
Nv irDn
the prohibitions OF the Constitution
MI Justice Stanley Matthews. OF the United states
Supreme Court stated the same view with even
greater clearness IN one OF the Utah poygamy
cases murphy agt. Ramsey ia L. s. a. 40; III
with Congress say whether In a given
case any Of the people resident in the Territory
shall participate in the election of its officers or
the making OF It's laws. 1t may take from them
any right OF suffrage II may previously have con-
.ierred or at any time modify or abridge It. as IL
may deem expedient. Their political rights
are franchises which they hold privileges In the
legislative discretion Of the United States.
The very latest judicial utterance on the subject
S in harmony with all the rest Mr. Justice Morrow,
Of the United States Court of Appeals for the Ninth
Circuit in February, 1885, held (57 T. s. Appeals, %;
THE now wel-established doctrine Qs) that the
Territories Of the United States entirely sub
cect to the legislative authority OF Congress. They
are not organized under the Constitution nor sub
sect 10 its complex distribution OF the powers OF
government. The United States having
rghtfully acquired the Territories and being the
only Government which can impose laws upon
them. has the entire dominion and sovereignty,
National and municipal Federal and State"
THE MORE RECENT CONSTITUTIONAL OBJ
JECTONS
In the light OF such expositions Of our constitu-
tonai power. and our uniform National practice, II
Is difficult 70 deal patiently with the remaining OBJ
3cons to the ACQUISITION Of territory. purportng 10
Be based on constitutional grounds One Is that 10
govern the Philippines without their consent or
against the opposition OF Agunaldo is 10 violate the
Principle. only formulated be sure, In the Deciar-