The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-02
REPUBLICAN OPINION.

of its recent decision which held that
provisions of the Newlands Resolution
were not governed by the Federal Con
sstiaution, involves purely legal points,
and confuses the minds of the laymen.
A discussion Of the matter IS only de-
sirable so far as it may aid TO sustain
the dignity of our local court, which
should be of the highest importance TO
MS.
The principles upon which our court
decided the constitutional case were
thoroughly discussed in the Senate at
the time in which the Treaty of Paris
was discussed. 1t is safe to say that
the extended debates as published IN
the Congressional Record, were not
read by half a dozen men in this town.
As the Advertiser said, yesterday, the
Democratic Senators, who We're gen
orally opposed to the Treaty, held that
the Constitution by its own force eX-
tended to the territories, and the Re
publicans did not agree with them.
Senator Foraker, who spoke for the
President, in his speech quoted from
the case of Endelman VS.. The United
States (S6th Fed. r. 1850 and read from
the syllabus: Congress has full legis-
latiye power over the Territories, I'M
restricted by the limitations of the
Constitution" Then Senator Turner
(PoDulist} attacked him and said: Il
desire to take issue squarely with the
FRI Comm
Senator, from Ohio, and the Senator
from Colorado, that the Constitution
does not take effect eX propriO vigore
over the domain of the United States
not organized into States Senator
Foraker, speaking for the Admins
tration, replied, on interrupting Sena-
tor Turner's speech, (COn. Rec. p. 1881,
Il say in other words the Constitution
does not proprio Vigore extend into and
operate in the territory; but when the
Legislative machinery has been sup
piled it then does operate there and
mot until then. ind in the HdUdiidn
bill n0w pending before the Senate (Jdh-
nag,Y 1911, 1897 as suggested by the
Senator from massachusetts, (Mr. LOdge)
that identical clause is to be fOund.'
Senator Foraker expressed not only
the views of the President, but OF the
Republican party. Our Territorial
court has substantially adopted the
Senator's reasoning. And the Sena-
tors views and the Presidents views
were based upon a null consideration
of the constitutional question, aided by
the judgments of the Supreme Court.
Even Senator Morgan during the de-
bate. interrupted and said that the law
of nations gave the Federal govern
ment the right to control territories
acquired by conquest or otherwise,
until an act Of Congress changes the
STATUS.
So when our Territorial court is de-
nounced by the journals of the local
Republicans, it is denunciation OF
the expressed views of the Admlmstra-
ton and the Republican leaders. 1t Is
the bark of the black and tam terrier
ait the ma gnificent mastiff.
Mr.. Hatch has clearly and terselA
expressed his views which are those
of the Democratic Senators, and are
presented at great length IN Senator
Turner's able speech. But they ar
NOT the views of the men who secured
our annexation, and who are to shap
orr little destiny. viii Mr.. Halter
glance over these words OF Senate
Foraker who spoke for the Republican
and see how sharply they differ from
his own views.
"The authority is precisely as con
tended (Con r. $500 that while In IN
territory when it is first acquired ther
ds no operation of the Constitution, De
cause the instrument is not self eH
ecuting, and while there cannot be an
operation of the Constitution IN ID
Territories, until we provide by IeSlS
lation the necessary machlnery,-Whli
all that is true, yet when we 90 COM
to lesislate. we sitting here, as Sena
tors. are bound by the limitations c
the Constitution and cannot dlsregar
Hlhem'
The Advertiser is quite satlshed
follow the spokesman of the ADMINS
aration in the Senate, and does nc
fear that it will result in grave lnJur
tn 4he community. 1t may be 'u1
American to do so, but it is safe ul
Americanism" And if the Democrat
Wow is true Americanism, then le
+bosa who so believe. follow the Demo
Gratis.