The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-10

while questions what may be- done permanently un
settled far consult the past vet that,
There constitutional objection acquisition of any
all of possessions, subjccting them n temporary
government of military q colonial form. I'm
til Congress the President govern possessions.
Upon the ratification Of the treaty. Puerto Rico
would become and for the first time bcome part the
States but laws would have full operation there
until Congress created the collection districts and ports
Until temporary Prc<-
dent would continue; duties imports could h. lawfully col
leced by his agents. and whatever of municipal
acer he have would continue IN the discharge 81
their functions with the power of life and death
We have referred length the of Louisiana
that a of pure ceon distinguished
quest and the then pursued much like that pursued
the of Hawaii and it the first of acquisition
rtory by the United and large
10y the very who framed the who were
many of them the ardent of the conucions The
construction thus put upon the Constitution the legislative and
executive departments To have been aclucce in The
Judiciary, far aware, called upon for
expression of opinion until the acquisition Of territory by
cession
The Foridas ccted the United by Spain by
treaty dated February -, 1919, of which the notifications
exchanged Washington February 1921 and proclaimed
the day. The treaty and the passed afterwards
contained provisions somewhat like those already referred
the of Louisiana. The President appointed governor in
vested with the and charged with the duties Heretofore
exercised by the and of the Inendant of the isl
and of Cuba the Floridas american Co.
CdHT, subsequently, decided In 1928. which called
forth expressions of opinion upon the question under dis
1t held that admiralty arising
under the Constitution and laws of the United States and that
the created for the territory of Florida con
tuona but legislative that l. that the provisions
of the Constitution relating judicial power did apply MI
the territories. But without going far the decision Of
the in that particular logically requires wish
call attention the opinion that expressed what laws
in force Immediately after annexation ccsion The Cir
emit JuStic Il led - 1 . 1.-lid
1t becomes indispensable the solution of these dicuc
that should conceive idea Of the relation in which Flor
ida stands to the United States. 3 1t l. obvious
that there material distinction between the territory
der consideration and that which acquired from the aborginc
(whether by purchase conque within the Acknowledged
the United States also that which acquired by the
establishment disputed line ~ both these there he
question that the sovereignty of the state territory within
which il lies and of the nel States Immediately attach
ducn complete sbection all the laws and institutions Of
the governments, local and general, unless modified by
treaty The question now In be- considered relates tn tcrtorc,
previously subject the acknowledged jurisdiction o another
sovereign; such Florida the of Spain And on
this subject have the explicit proof that the understand
public functionaries that the and laws
of the United States do extend such territory by the
act of cesson.'
referring the legislative power AMI the treaty
power he continued:
BY the latter acquire either positively s"c "oo and
dispose acquisitions and in Of such
acquisitions nothing in which the power acquired the
ceded the acquired under the law
of nations by any other over acquired or cc
rory The laws rights, and institutions of the territory
qured until rightfuy altered by the
crnmen."
On appeal the Supreme Court per Mr. Chief Justice Marshall
Il Pet. 5l2 SD said:
1.-The the world l. if nation be entirely subluc.
consider the holding OF conquered territory military
occupation until fate shall be determined the treaty
peace. If it be cedcd by the treaty the acquisition confirmed
and the cccd territory becomes part of the nation which il
annexed: either stipulated in the treaty
such shall impose On such transfer
territory it has never been held that the the na
otlc
their former sovereign dissolved and relations
ed between them, and the which has acquired their
territory. All the laws which In force IN
Florida while province Of Spain. those excepted which
political in their character which relations