New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-19

vast domain with the exception OF Alaska, the
Congress Prior to 1870 there no uniformity
tory ef he Existing every es eFroy
Organized became subject to ne rSUwg snd all
laws Of the United States which are not locally ra In
within all the organized Territories and in every
Territory hereafter organized az elsewhere within
In I an early case Chief Justice Marshall decided
that territory annexed did not ps1 aG rgns be
said those stipulated in the treaty or
lice Nelson in a subsequent case. suggested potent
reason therefor. Territories ARE not he SAID or
creations exclusively OF the legislative department
of the Government. and subject 10 it's supervision
neither created nor ORGANIZED nor supervised under
a hty Of cd n 2shs from h
propro yigore? Consider also the remarks OF Mr.
granted Ito Territories depends entirely upon the
organic act Of Congress in each case and II is al
may, see a 70 adopt" as Wall, slsl Also the
Gtical community organized by Congress. all whose
powers are created by Congress, and all whose acts
4s) II all Territorial rights and powers are created
by Congress, then none are created by me Cons9iu
by Congress. then none fixed and unalterabe by
virtue OF the Constitution.
NO INALIENABLE RIGHTS.
Not only arc the Constitution and laws not OPP
erative, but Congress. In creating. organizing and
supervising Territories. is not bound to grant the
inhabitants any OF so-called 'inalienaDle
rights" those enumerated in the Consti-
tuition and its amendments, and commonly called
the "Bill OF Rights" This principle was distinctly
announced by the Court In elaborate opinion
J In the Mormon Church case 900 u ., ~, the
consensus OF all the authorities SUSTAINING Ha nst ' a
the Constitution is operative in bs doe
trne may starte humanitarans. il was reiterated
with approval by Mr.. Justice Harlan in DECISION on
s.. SlO. Ex-senator Edmunds's recent statement
is not necessarily in conflict With these Se smd
have full force in Territories in the respect!
That Is unquallhedy true of every organized Terri
tory since 1850 The Constitution has been specifically
habitants OF Arizona and New Mexico nave enjoyed
t t9f as the aa Sy Of But
Senator Edmunds intends his statement to apply
other 1norganized territory over which the cOnst-
tUSS and edera aG hs he not opposed @aSs de Sy
, uniform decisions OF the Supreme Court me m
rights from the Constitution Federal statutes or
treaties, except such as are specihcaiy gram! ,
discussions. but its logical application VIII solve
the most perplexing problems Of expansion -, far
rory implied rights to Republican s tGr@
ony o EVERY state in this Union republican form
OF government" art. ", Sec ~ II gTaraitees
We cannot put the inhabitants to the sword 6u,
Danish them entirely from the oS coI 10 ana
800 or grant them any quanum Of rgn,' TO eve" r
Snb;ean form Of can define them?
None exist outside Of Utopia or Platos Repuonc'
ANY government or no government rests with Con-
eeretion. mug ''''''
TAXATION WITHOUT REPRESENTATION.
Standardization without representation IL an
equally fallacous doctrine In 1890 Chief Justice Mar
shall decided that the power OF Congress to tax the
Territories well as States irrespective OF repre-
sentaton Interchangeable l,r,i It ~ we're ere
Constitution the power Of taxation must be Limited
by the right Of representation whence Is Isr apd
e tse psTsr 6 IS w ?Ey %no sa sJ'eP' ''
INHABITANTS NOT CITIZENS
Thrd-Inha bitants OF the States of the Union have
dual citizenship. State and Federal Art w.
Sec g guarantees to "the citizens or each state
all the privileges and immunites OF citizens OF the
several States" But this interstate citizenship Is
granted only to citizens of State, not to citizens
of the United States. There is no citizenship OF
Territory and the Sn @ b eOPs o e Gfh
Amendment provides that IAN persons born or
j jSrsdction thereof are Citizens of the United
States" Children OF ambassadors and consuls born
heTe bse are not ce2 % w m
said the Supreme Court 'contemplates Two sources
urazaSnb he natrazed either individually under
Court explained. 'by the force Of treaty by which
hsbsants Of Porto Rico and the Philippines not
being naturalized. and the pending treaty not pro-
vldng for the naturalization Of either natives or
Spanish subjects, 1t follows that they can only be-
come citizens BY spefS act OF sms rau
/ ralizaton provisions The only other source OF
s neean sy 9R the cons
tuition and laws shall have been specifically extend
f hence e0 no V eitaensSp by birth Therefor if Con
gress rathes the treaty ehG uoes no MORE ne %
zens; but II Congress extends our Constitution and
| laws over the annexed domain, all present and
ma tive Inhabitants VIII be endowed with
Federal citizenship.
CAN PROHIBIT IMMIGRATION
% The inhabitants Of ceded territory. not being
citizens will have right to immlgrate TO this
country Their rights will be more nor less
than those Of aliens OF ike immigrating from
any foreign land. The Chinese In the Philippines
and Hawaii will be excluded absolutely under our
Chinese Exclusion acts. GSo L. s., 5sl) Malays,
pinos being neither black nor yellow but brown
the fifth subdivision OF the human race can be ex-
repeatedly suggested by the Supreme Court that the
apply only to whites and blacks and not to Chinese
and hence Maays. G6 Wall. 10: 100 L. s., 3os 1l2
s. q, fsd Kes s} wh s9sy and i'I SLACK rf n
habitants migrating to this country can be admitted
on the same terms and other as white and black
Immigrants from any foreign land. Citizenship
4 States h@ caen wRacye his race or origin may
! under protection OF the fourteenth amendment re-
e ensf se and eders or state
deny him that hight s excebt n Esi ss Sr
e49) 1900.
! Hence unless Congress confers citizenship. eau
casans and negroes will be admitted under our i'm
| migration laws while Mongolians and Malays may
he debarred absolutely and threatened incursions Of
cheap labor Will not imperil the interests OF Amer-
! can workmen
NO UNIFORM TARIFF
O. In constituting the provision Of the Consti-
| tuition that ell duties, imposts and excuses shall
no uniform throughout the United States" art. I.
! Sec S. Chief Justice Marshall in 1870 defined.
/ Limited States" Does this term" he said "des-
! lQnate the whole any particular portion Of the
/ American empire? Certainly this question can
aHrnif mt OF one answer. II Is the name given to