New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-19
STATE BAR ASSOCIATION.
ADDRESS BY CHARLES A. GARDINER
ON THE QUESTION OF EXPANSION.

THE CoNsrrTUTIoNALITY AND VALIDITY
OF THE ADMINISTRATIONS POLICY De-
FENDED-oTHER PAPERS.
Albany, Jan 1S-The state Bar Association
npened It's second Gays session at 1890 o'clock
Charles A. Gardiner. of New-York was the first
speaker. His address was or Our Right to
Acquire and Hold Foreign Territory" 1t fol-
lows
The sovereign nations of the world possess equal
KEN indepeSdence absolute Between them ma
tiona constitutions are unknown In external or
by all other sSveIegnties 10 possess absolute
powers UNI Is correct based upon the funda
mental canon Of the law Of nations The United
snd no other nation has any right TO question its
political or constitutional authority to do so.
tional soyeresnty,? During the Colonial period. as
Nr Justice lTedell explained, the British monarchs
S1t after the Revolution sovereignty passed to and
sses yes aeS ps odsy in The ' million
American citizens not as individuals but as poht
cal Snq bof0 STATE ana Federal CONSTITUTIONS 1t Gre
sted them The Declaration OF Independence the
ton while the CONSTITUTION gave form 10 It's govern
Ss-ributing not creating. sovereign powers among
The several organs OF sovereignty. vast residuum
Of pSweG TO the States Respectively or to the peo
-ieS 1Art Ky Although the distinction is not ex-
decisions for century, well as the logic Of the
situation makes The following deductions irrssis
possess the sovereignty orignay vested In the PEG
ffrants 10 the Federal Government where there is
m such grant the National Government has no
apSnOy ali exerna and Tea
lions the rule is reversed. The Federal Government
Ribied by the Constitution. If the Constitution is
silent the Federal Government directly represent
Early in the century Chief Justice Marshall an,
nounced as a proposition which should command
eminent OF the Union lis supreme within It's sphere IRE
Of action. 1t is the Government Of all; its
Sts for aa air 'esf WSea 4o5 CHIEF Justice Chase
reiterated this sentiment: THE people OF the
eminent. and this government within the scope OF
rs powers Is supreme" wall 49, Ihs h id9a r vas
States is not only a government II Is In.
vested with power over all the foreign relations OF
The country. war. peace and negotiations and inter-
course with other nations, all which are forbidden
70 the State Governments" or Wall eSS, IN I'm. me
United States in their relation to foreign countries
% Gs g. S cor And M
Justice Lamar in the Neagle uted this lam
representative and embodiment Of the entire SOW
eregnty OF the Nation in It's united character
In our intercourse with foreign nations,
States and State governments and the internal ad,
jusment Of Federal power with lis complex system
suthorty those nations are permitted 70 deal with
+ The authority of the Nation as unit uSo u
RIGHT TO ACQUIRE TERRITORY.
7. Right TO Acquire.-The United States possess
ing every attribute Of the most potential sover-
Lamar. the Federal Government in all external re-
lations being "the exclusive representative and EN-,
q follows that any power possessed by any SOW
eregnty is possessed by the United States; and un-
be exercised without restriction by the tederai
Government -. 49,.
The war and treaty making powers are not ere
aed by the Constitution merely Se Hss1mes bet
Sse sueb sgenees not been designated this Nation
could not have waged the wars ana aH aI ne eve eve
press grant Of power for an international act, and
Il has specific authority Tor extremely so7 NOR
when II extended sovereignty over Behring sea OF
The right to acquire territory irrespective Of its
situs contiguous or foreign, by conquest treaty;
GF Sr5 of as soveresy and has
been exercised by sovereigns from the beginning OF
Il specifcaiiy renowned in the Constitution. Hence
It remains attribute OF the sovereign pe0 people
and Congress and the President the sole agents gents
and trustees OF that sovereignty, have exclusive
and unrestricted right to exercise II ,ba, th,a
advance the proposition with deference tnat TINS
right is Itself primary and subssntXe eItr1oute
Gr sCeeT or sef and shall regard it in
this discussion the primary and funoamehlaI au-
The right to acquire Is also derived from the
enumerated constitutional powers TO declare war war
absolutely on the Government Of the Union the
powers Of making war and Of making treaties s.
theory: Consequently that Government possesses
6 hf b PGT cay % Pe 52 The power United
States acquire new territory by eess0n or don
que d IN h p1o Sp any specc grant in he Cons
tuition to do so, but flows as an incidehiai power
see 1 rs And Mr Justice bradley the Mormon
Church case said The power 10 ACQUIRE terp ny
and the power 70 declare and carry on war. Inc
Incidents of these powers are those OF Natio n,
s spnS5slsS'F u$ SSq L. s. 22) - c,,.,
The right 10 acquire was also derived by Chief
Justice fancy from the express nower OF Congress Ss
70 admit new sas5 by the 70 admission OF
raw States is plainly given" he said ut has been
held to authorize the acquisition OF territory not
NJ tdoB or s 6op al one and would ens
IT to admission" Gs How 40
RIGHT TO HOLD AND GOVERN 1T
IL Right to Hold and Govern:-Possessiing s,., the
BE consequences that we also possess the right to
hSf s3a I'd 9sn $50 chef e @
these views: THE power Of governing ana ors OF
quenee q the right to acquire and to hold terri ho
tory" 6 Crsnch. 1861 AND whatsveI may % %
later case THE possession Of i is unqI s
pet So ut would be 4bs S1d t Sss t tse TP ned
states has power acquire territory snd no power
Justice Matthews said Of our right to hold and
govern: That question Is we tn vans tbe stsee
q con 10 osGpSi2 into anal judgment d4 y S. ~
And MI Justice Gray. in recent case mus sun
married. the law 1.-The United States having tlsne-
fully acquired the territories. have the en-, en-
Tire dominion and sovereignty National ana mu
ni-pal Federal and State. over all the terr'oiieS'
l52 L. S, 49, ,-, o,tr,huts Of
The right 10 acquire being primary at.rlDI 49, 90
sovereignty and the right to hoo anu our SOW
ancillsrv thereto II follows that wherever ouI 49, 49,
eregnty extends there right to scoT1re s nns
hence 10 hold and govern, EXTENDS also ny .isn
% the territory is mmateral 1t may pe coire, "
Gus or remote on the American Contlnem,E oi "A ~,
foreign lands Our abstract right 70 dG1ttio,ne.
hold is az plenary and sovereign IN the rhiAipP'
as In Alaska Arizona
POLITICAL QUESTIONS.
III An Problems Of Expansion Political. Not