The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-11-20
Guarantee of Republican Form
of Government
FUNDAMENTAL LAW OF THE LAND
Provision Stands Out as Landmark for
Nation That Was Born to
Grow-Boon to Liberty
Loving People

In discussing the question of expansion
and imperialism with an Age-Herald cor
respondent at Athens Saturday Senator
John t. Morgan said:
1.-THE laws of nations affect, equally, all
sovereign and Independent powers in their
international rights and duties. In this
sense they are also recognized as parts of
the municipal laws of all such nations and
are enforced by them. If they are violated
by any nation, the infiiction of penalty is
within the recognized rights of the nation
offended, or of any nation concerned in vim
dicating or restraining the abuse. If by
individuals the municipal laws deal with
them.
'"rhe United States as an independent,
sovereign power is party to this code for
all its advantages and obligations. In
these are included the right to expand the
natural demand by purchase. or by con-
quest conducted for just reasons.
without these powers. under the laws
of nations, the United States would not
possess international equality or the right
full and indispensable powers of a sovereign
nation. There Is no restraint of these
powers in our cons stitution, except as to the
form of government we may impose upon
people that are brought within our jurisdc-
tion permanently. The right to exercise the
full measure of the powers that belong to
the United States under the laws of nations
is given in the constitution.
The Law of Nations
"Q 1t is given by adopting the laws of
nations as part of the law of the land, in
ola of article 1 nj
stitution: The congress shall have power
to define and punish Offend
ers against the law of nations. If the law
of nations is foreign to us-is not a part of
the law of the land-how can we define and
punish offenders against that law?
"(O The power to extend our limit is
given in clause l. section of article 4: New
states may be admitted by the congress in
to this union The state is to be new
created by new political action-not state
created by action that ante-dated the for
nation of the constitution. These states
were provided for otherwise, and become
states by ratification of the constitution,
not by act of congress. The area must be
new to statehood, because it is prohibited to
create a new state within the jurisdiction of
any other state.
"t3) The constitution makes attempt
to describe or define the limits of the United
States Therefore any area that is at at
any time acquired in sovereign ownership
bv the United States, is within it's sovereign
jurisdiction.
90 This jurisdiction is divided into two
separate powers; such given to congress,
viz The power to admit new states into
TIE union, and the power to dispose of and
make all needful rules and regulations re-
81 Getting the territory or other property be-
longing to the United States If the ter
ri.ory' is land without people, or govern
m4nt. like the Midway islands; or if it has
people and government that 'needful rules
anI regulations would benefit or protect,
lhe Alaska, where the laws of Russia are
no. retained for the purpose of government,
congress can dispose of the subject by max
in, disposal of the territory, or by making
such needful rules and regulatio as may
be found convenient and republican in
spirit.
a Power to Govern
''1'he provision is a power to govern, and
It is broadly discretionary within the limits
of duty imposed all officers and legisla-
tors by the constitution. In these and
powers, the expansion of our area of coun-
try is expressly provided for or incidental
ly if it is necessary and proper for carrying
into execution the several forms of govern
mental action, or the powers for which the
constitution expressly confers on congress.
"In section 4, article ", or the constitu-
tion, expansion is provided for, and impe-
rialism is forbidden by solemn guaranty
that forever dedcates to republican form
of government every area that becomes
permanently subject to the jurisdiction of
the United States. 1t is this, that the
United States shall guarantee to every
state in the union a republican form of
government This guaranty is prospec-
tive and applies TO new states admitted by
congress into this union, and also of the
states that formed the union; and 1t applies
as well to states-recognized bodies polite
with fixed boundaries in this union.
This provision affects the governing
power and is self-enforcing. 1t needs no
legislative or other decree to make 1t OBJ
hgatory.
'It is the guarantee of the United States,
not of department, and all the DEPART
ments are so pledged to its execution that
a refusal to obey it would be high misde--