The times., 1899-08-30
STATUS OF NEW TERRITORY.
A Constitutional Argument by Sen
nfor sytI1;a,n I;nHs.

49,, aug EJ.-VlaHy u6leBdlbS u
the meeting OF the American Bar Associa
ton 1oiaed the delegates who were presen
yesterday when the session was resume,
this morning. The aldermanic chamber o
the city hall was filed with distinguished
delegates and lawyers of note from differ.
ent sections Of the country when Senator
William Lindsay of Kentucky was called
upon for his address. The Senator spoke
as follows:
commercial progress has no halting
place Commerce is not the servant, but
the master of national policies They may
cripple or retard its growth, but in the end
1t oVerrides all distractions and dictates
the economic policies of every country. Our
own country affords an illustrious example
Of this great truth in the changes resulting
IRON the Spanish war. 1t is not, however.
10 the economic, but to the legal and po-
iltleal phases of this interesting fact that
l shall venture to direct your attention.
The absorption of the Hawaiian Islands
through the joint resolution of the two
houses OF Congress, and the acquisition of
sovereignty over the Philippine archipelago
through the Treaty of Peace with Spain,
marx the inauguration of a new American
policy, and raise for consideration SUI
premely important questions of constitu-
| tional power
| AT the meeting of this association last
| year, doubt was expressed by your distin-
sulshed president concerning the propriety
at that time OF discussing the results of
the overwhelming victories on land and
sea which had attended our arms; but now
that peace has been restored SO far as the
| TWO contending nations are concerned, the
field OF diplomacy and the work of the Dip
iomat not longer impose the duty of silence
| The problems of the future and the duties
/ or the present demand serious consideration
and invite exhaustive discussion. That dis
cusSien can nowhere find a more appropriate
theatre than this distinguished asSemblage
OF American lawyers whose object is the ad-
| vancement of the science of Jurisprudence.
With the American lawyer jurisprudence is
something more than the science of NUM-
cipal and international law 1t includes the
question of constitutional power. 1t fnves-
tigates the authority of government to act
in given contingencies. 1t enquiries into the
scope and extent of conceded authority, and
is pertinacious in its insistence that grants
to the Government shall not be enlarged by
doubtful construction, and that limitations
imposed shall be religiously observed.
I'm the consideration of those questions
of Federal power to which exceptional
prominence has been given by the joint
resolution of Congress and the Treaty OF
Paris, we must distinguish between con-
stitutional grants affecting the States and
the people of States and Of those which
affect our relations with the world at large.
In all the changes since the Declaration OF
Independence, the General Government has
had exclusive charge of our foreign rela
tions.
ITO the rest of the world the States COM
posing this Union are now and have ever
been known in no other than their united
confederated character; abroad, to the rest
of the world, they are but one. 1t Is only
at home, in their interior relations, that
they are many, and it is to this two-fold
aspect that their motto: E Pluribus Unum'
appropriately. and emphatically applies.
THE first ten amendments to the Con-
stitution emphasize this distinction They
stand as barriers between Federal power
on the one side and the States and the
people Of the States on the other. No one
of them abridges or attempts to abridge
the authority of the General Government
over foreign affairs, and that authority, as
have said, embraces all powers pertaining
to the relations of the States and the peo-
pie with the rest of the world While the
Treaty of Peace with Spain was yet uncon-
sidered by the Senate, the point was made
that the acquisition of sovereignty over the
Philippines would impose the duty of ulti-
mately erecting States out of their terri
tory, on the ground that all territory ac-
quired by the Government except such
as may be necessary for coaling stations,
the correction of boundaries, and similar
Government purposes, must be acquired
and governed with the purpose of event
ually organizing it into States suitable for
admission into the Union.
''The ability, learning, and passionate
eloquence with which this point was main
tained on the floors of Congress, as we'll |
as in its general discussion throughout the
country, must be recognized. as well as
the deep impression the discussion has |
made on the public mind. We may con-
gratulate ourselves that we have now an |
occasion for dispassionate. investigation;
that we may here separate questions of
power and duty from considerations OF |
policy and expediency; that free from the |
influence of partisan politics. with Judicial
moderation and fairness and in the light |
of contemporaneous and established con- |
may examine the nature and ex- |
tent of the conceded power of the Govern |
ment TO acquire territory and of the duty |
OF Congress to provide for the govern |
ment of the people thereof
THE Constitution confers absolutely on I
the Government OF the Union the power of |
making war and Of making treaties; con- |
sequently that Government possesses the |
power of acquiring territory either by con- /
quest or by treaty. This was the deliver I
ance of the Supreme Court on the first oc-
casion that tribunal found it necessary to /
decide this great question. Mr. Jefferson
doubted the existence of the power when |
ne treated for the purchase of Louisiana,
out ii is now so universally conceded as to
render ft automatic. In the absence of |
reaty stipulations creating it, no trust at
aches to the ownership and dominion of
he United States over the national Terri
ories in favor of State that may or NAV |
lot be organized, or if organized may or |
nay not be admitted into the Union. The
United States is in law and in fact the
Ibsolute owner of the national Territories.
md is chargeable with no trust in favor
" successors, which can only come into
existence at its unrestrained discretion
The admission Of new States Is essentially
discretionary power. New States may be
omitted by Congress into the Union The
rant implies power not duty Congress |
las the discretion to refuse as well as to
dmit 1t may be doubted whether the
discretion to refuse can be taken away or
bridged by treaty. It cannot be by
onquest and the war power is as absolute
nd unconditional as the power to make | ,
reaties.
1T does not follow, because our recently
cquired territories are never to be admit {
ed into the Union, that Congress may leg .
slate for them without restriction, or that
hey may be governed by laws and regula- |
ions inconsistent with the principles of 6
institutional liberty. While the United |
tates have supreme power over the ma /
ional territories and their inhabitants. |
nd while the discretion incident to leg q
slatiVe is vested in 8