The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-02

be in force only a few months, law
| followed which not only did not ask
the consent of the governed, but paid
no regard to their wishes Martin,
/ who was competent observer, and
| who was on the ground at the time,
| writes in his History of Louisiana
that the people of that territory were
| greatly dissatisfied at the new order OF
| things. They complained, he said.
| that the governor whom the President
| appointed was an utter stranger to
| their laws, manners and language, and
| mad no personal interest in the pros
| perIty OF the country On March 3,
! 1903, an act was passed establishing IN
| louisiana territorial government
! more closely resembling that of Mis-
sissippi Territory
| The Breckenridge. who took
! prominent part in shaping the act of
! March &c, 1904, which carried the
| broad construction of the constitution
| 20 It's EXTREMIST length, was the repu-
! ted author Jefferson was the real
| author) of the Kentucky resolutions of
| 1898, which were strict constructions
| most ultra expression The Thomas
| Jefferson who melted and signed that
act which disregarded the consent of
| the governed and opposed the govern
| ed wishes was the Jefferson who
wrote the Declaration of independence.
At the outset in Florida as little
| regard for the consent of the gov
erned was shown as was displayed
in the case of Louisiana. On Febru-
airy %, 1921, President Monroe an
nounced TO Congress that the Florida
annexation treaty, which had been
signed just two years earlier, had been
ratified by both Spain and the United
States, and asked legislation for car
rying the same into execution Con-
gresS passed a temporary act signed
on March 3, extending to the new ter
ritory the United States revenue laws
and the law against the slave trade.
Andrew Jackson, whose campaigns in
Florida in the war of 1912 againt the
British, and subsequently against the
Indians, was the chief influence of i'm
polling Spain to cede Florida, was
made Governor in April, and his pow
ers were limited by only two condi-
tions-he should not impose new taxes
and he could not confirm any land
grants. In all other respects he had |
bhe same powers as were welded by |
the Spanish Governors of Florida |
This authority he employed with his |
usual vigOr and decisiveneSS. |
One Of his old personal and political |
II lclitlo. WIIIluS years dIlSIWstlu
Of Jackson's despotic rule in Florida, |
made a comment upon American gov
eminent in the territories as it was |
administered in the nations early |
days, which makes strange reading in /
later times, though the procedure In |
similar cases has not changed much |
in the lapse Of years. In the United |
States" said Thomas H. Benton.
where people are accustomed to the /
regular administration of Justice, the |
summary proceedings of Gen. Jackson
appeared to be harsh, and even law
less; but they were all justified by the |
administration and sanctioned by the
negative action Of Congress. And in |
Florida, where they took place, and
where it was seen that no wealth or
power could screen the oppressor, and
that governors, judges and rich mer-
chants We're laid by the heels like COM
mon offenders. and the protecting
shield of law and justice thrown over |
the humble and .helpless-in this PROV
lnce, SO long a prey TO oppression and
corruption, the conduct of Gen. Jack
son appeared like an emanatiOn of di-
vine Justice, greatly eXalting the Am
erican character
In the procedure regarding Florida
as in that relative to Louisiana, it was
shown that the inhabitants of territor-
les do not have the rights and privi-
legeS guaranteed by the constitution |
unless these are specially granted by |
Congress. Congress has free hand
in legislating for the territories. 1t
can set up any form of government
over them which it chooses The
of the constitution apply
10 states only. What is F'lorida?"
II nl,<tn +, L
case of the American Insurance Com
pany VS.. Canter, in 1928. .'It is no
part Of the United States. How can
it be? How is it represented? Do the
laws of the United States reach Flor
ida? Not unless by particular provis-
ions. The territory and all within it
are governed by the acquiring power
except where there are reservations
by treaty. By the law of England, |:
when possession is taken of ter
ritOries, the King, jure coronae, has
the power of legislation until Parlia-
ment shall interfere. Congress has
the juse coronae in this case, and Flor
ida was to be governed by Congress as
she thought proper
This doctrine received the specific
of the Supreme Court in that
case. Chief Justice Marshall, in the de-
OASioh iCuuSLSu ny lIiS uSSial |
that the inhabitants Of Florida "do
not participate in political power;
they do not share in the government
until Florida shall become a state. In
the meantime Florida continues to be :
a territory of the United States, gov
erned by virtue of that clause of the
which empowers Congress
TO make all needful rules and regula- In
tons respecting the territory or other n
property belonging to the United
States" Perhaps the power of govern L
ng a territory belonging to the United Is
States, which has not, by becoming a lie
state, acquired the means of self-gov- +
eminent, may result necessarily from
e. IL Ii, = rig;