The Elbert County tribune., 1900-03-29
"Ex PROPRIO vIooRE.s

The Latin phrasc Tex proprio Wig
orc has lately sprung Into prominence
again, after u rest OF many years. hav-
ing been dug up by the Democratic
leaders as an objection to governing
Puerto Rico and the Philippines. The
Idea meant TO be conveyed by this
term is this: that the constitution OF
country acquires any new territory,
extends itself automatically-by Its
own inherent power-''ex proprio Wig
ore''-over all such territory; and
therefore NIL Its provisions apply at
once and of themselves to such terri
tory, and the Congress can make only
such lnws for nstrrsi,ury ms 1t might
constitutionally make for, one of the
states of the Union.
The doctrine is no doubt considered
old Us John c. Calhoun's day. 1t
was formulated by that eminent Sc
ccssion leader for the purpose of main
tnining that the constitution, under
which slavery was recognized in those
days, extended itself over the terrific
ries; and that therefore slavery could
not be prohibited In the territories.
The doctrine was combatted by Web
ster and the Whig leaders generally,
and also by some of the Democratic
leaders, notably Thomas II. Benton.
The doctrine was never adopted by the
Congress.
Every one OF the new possessions nc-
quired by the United States. from the
Louisiana purchase to the present day.
has been legislated for by the Con
gress as territory belonging to the
United States" and not as territory
which is part of the United States
MS the states are parts. The act of
October 81. 1903, for the government
Of Louisiana. signed by Jefferson us
President, vested "all military, civil
and judicial powers in such person or
manner as the President of the Unit
ed States shall direct"
The act OF March 3, 1919, for the
government of the newly acquired ter
ritory OF Florida, vested the same pow
er in the then President, Monroe, In ex-
actly the same words as the act Of
1903.
After the acquisition of the territory
won from Mexico. and after the pur-
chase of Alaska, acts Of Congress were
passed establishing laws for the new
territory, and extending to It some OF
the provisions OF the constitution, like
the free exercise of religion. The ex-
pllcit extension of those provisions
proves that the provisions not SO ex-
tended did not extend there of their
own power
The District of Columbia is territory
OF the United States, but some Of the
provisions of the constitution do not
apply there even yet. The constitu-
tion itself. In article ~. section three,
says explicitly: "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 language of the constitution IT,
self; the acts of Congress-; the Presi-
dents from 1903 to the present; the
authority Of Jefferson, jackson, Mon
roe. John Quincy Adams, james X.
Polk, Franklin Pierce, and William III.
Seward-all these prove concluslvely
that the United States has the power
to establish such rules and regulations
as are needed In Its new possessions,
and that those possessions are not
under the constitution technically, un-
til the Congress by Its formal act ex-
tends Its provisions to those possess
sions.
The Tex proprio vigore" doctrine Is
spectre raised from John G. Cal
houn's grave. 1t frIghtens nobody. /,
Its dlsinterment at this late day is a
good example OF the desperation of
the Democratic leaders in their en-
deavor to find some issue ON which to
oppose the conquering march of the
Republican party