The Courier. (Genoa, Nev.) 1899-1904, 1900-03-16

the reasoning WHICH, III my JuuBucuti
sustain the view which the prohibitions
and limitations of the Constitution APP
ply to the powers of Congress in all
legislation, and that the Constitution,
ex proJorio vigore, applies TO all terri
tory belonging to the United States.
The question referred to your CON-
mittee is as to the meaning Of the term
Omitted States'' in that provision Of
the Constitution which declares that
all duties, impoets and excuses shall be
uniform throughout the United States,
viz, whether it includes only the
States composing the Union or Whistler
It also includes the territories belong
ing to the United States
The purpose Of the inquiry IS 70 as
certain the status Of Puerto Rico ard
/ the Philippine Islands in their relation
to the Government Of the C1i-ed
/ States.
The governnsnt q these i1suiz- Pos-
sessions. Outside Of the temporary nj
itzry government - Present TAI
tanned and conducted by the Presissn-
= cou Chef Of the Any.
uzsS De framed b. tas Congress Ct the
( Cnited States. and the question IS
~AeEher tne Csngrsss mas free hand
= A. Legislation relating % sucn ISL
znsss and can exercise. wirncuE limit
al the powers Of sovereignty, or
xhetF-zr the constitutional limitations
zud proh55izio1s Apply 70 surn lsgissa-
Ef1a 70 the sane extent 1ha- zhey &C 20
Federal Legislation operative within
the ARA OF TIE States composing re
Union
1t may be conceded II the oC1zsE
that the United States may acquire Tar
ritory either under the treaty-nzking
power or the war power Of the Cons1i-
tuition, CT bg virtue Of It's general
powers Of sovereignty as a nation, and
that the power to govern the acquired
territory results from the right TO ac-
q1ire, and also from that provision OF
the Constitution, Section 3, Article ",
which declares: THE Congress shall
have power to dispose of and make all
needful rules and regulations respect
ing the territory or other property be
longing to the United States"
The term United States" can be
used in two senses-one political, and
relating only to the Government; the
other geographical, and relating TO the
area governed.
In the political sense, the term
"United States" means simply the
States composing the Union, for in the
people of these States is reposed all
governing power of Federal nature.
They alone select the President; they
alone select the State Legislatures,
which select the Senate; they alone Sc
lect the House of Representatives;
they alone select the lawmaking and
law executing branches of the Govern
ment, through which the Supreme
Court and other inferior courts pro-
vided for by the Constitution are or
ganized and established.
The United States which governs
consists of the States composing the
Union; the United States which is gov
egned consists of the entire domain OF
the United States, territories as well as
States.
The government of the United States
is limited sovereignty, controlled by
a Constitution which grants certain
powers, limits others, and prohibits
others. The granted powers, the linn
tied powers, the prohibited powers,
and the powers reserved to the States
AMI the people if all massed in the one
sovereignty, would make despotism.
The Congress of the United States rs
the creature of the Constitution. All
its powers are created by the Constitu-
ton and if any limitations are imposed
upon it's powers in general terms, they
must be applied to alllegislation which
it originates; and such limitations will
not be confined to that part only of its
legislation which relates to the States
composing the Union. The Congress
of the United States was not to be a
despotism in some parts of the Union
and body of limited constitutional
power in other parts.
So, also, with reference to the pow
ers prohibited to Congress, and SO,
also, as to the powers denied to the
States. 1t is impossible to believe that
the Constitution contemplated the ex-
ercise of powers by a territory, acting
under Congressional authority, which
are denied to State.
The Constitution of the United States
was the compact of thirteen States,
formerly colonies of Great Britain,
which had revolted against the mother
country because of the exercise of des-
potic power, regarding the lives, the
liberties and the property of its sub
jects. Equality of rights, the right to