The Saint Paul globe., 1900-05-08

AO-Ahother or McInttre's FiZzles.
Banquets at Windsor.
Supreme Court Decisions.
spect to the formal regularity of the pro-
ceedlngs Is made or suggested.
CLAIMED CIVIL TRIAL.
The contention on the part of the pc
utloner is that at the time of his trial in
March, 1899, there was no war in Puerto
Rico, which had then been ceded to and
become a part of the United States and
as the petitioner had never belonged to
the army or navy of the United States,
put was civilian resident of Puerto
Rico, the military commission had no Ju-
rlsdlctlon to try him for the alleged muir
DER, and under the provisions of the con-
sutuuon of the United States he could
only be tried by jury, after indictment
or presentment by a grand jury.
The contention ON the part of the Unit
ed States is that by the cession, the ISL
and of Puerto Rico did not become an
integral part of the United States nor
subject to the constitution, but merely
an outlying province or dependency 10
be ruled by the absolute will of congress
untrammeled by any provision of the
constitutions and. second, that the war
with Spain was not ended so as to dis
place the jurisdiction of the military
commission until the exchange of rat!-
hcatlonS of the treaty on April 2, 1S99
and that then because the constitution
J
ton continued until displaced by the pro-
visions of some act of congress.
rms contention on the part Of the
government. that territory ceded to and
brought under the sovereignty Of the
United States is no part of the United
States and outside of the constitution
and It's guarantees. is strenuously urged
and an elaborate argument of a law of
hcer of the war department. as well as
arguments of several distinguished SEN
ators. in support of this contention have
been presented and carefully considered
The argument s. are ingenious but IN
view of the history Of the country and
the terms OF the constitution and The
very numerous decisions Of the supreme
couft. all TO the contrary. 1 do not find
them persuasive.
LIBERTY AND TYRANNY.
Our general government was founded
bv the men Of the Revolution who had
rebelled against the arbitrary power as
serted by Great Britain to govern her
outlying colonies at the will of her parlia-
ment. They established this government
upon the asserted theory that all Just
powers of government come from the
consent or the governed. They founded,
as described by President Lincoln in Ian
guage not vet forgotten. "a governrn n.
of the people by the people, for the peo-
Dle." 1t Will be. indeed. marvellous If 1T
is made to appear that these men who
then founded otlr national government so
constructed 1t that it Is capable Of ruling
with unlimited power a subject people
who have neither guarantees to protect
them nor anv voice. In the government
RMS Is foreign absolutisn - the worst
form of tyranny.
If the constitution does not extend to
Puerto Rico and our other new acquisi-
tons of territory. congress has the un-
trammeled absolute power to establish
subject governments. or make laws for
such territories: it has the power to es-
tablish dependent monarchies or satra-
pies. pies. state religions and even slavery.
The argument of one of the senators re-
ferred to that the last clause of the thir-
teenth amendment prevents the establish
ment there of slavery is obviously lame
and impotent. for if the constitution does
not extend to those parts Of the domain
or the United States. nor limit cong1 ess
IN its powers of legislation over them
DIV what process will this single clause OF
an amendment Of that instrument detach
itself from the skin of the parchment
and alone fasten itself upon these new
territories? If 1t be considered that this
clause of the thirteenth amendment ''ex
propr1a vigore' extends to these new ter
rltoris. or limits the powers of congrsss
as to these territories. that will concede
away the entire contention. For il that
clause extends to the territories or limits
the powers of congress respecting them.
every clause Of that instrument for the
like reason IS equally potent To sav
that clause in the constitution does not
extend to a territory. but does limit the
power OF congress in legislating for that
to be practical.
WHOLE HOG OR NONE.
The argument, much repeated, that If
the national government of the United
states has not the power to deal with
theSe new territories untrammeled by the
constitution, It's power is less than that
possessed by the other governments of
the civilized world is admitted 1t proves
nothing. The national government of the
United States Is one of very limited pow
n
entire domain, and generally, except in
nations, and concerning matters express
ly committed to it by the constitution, its
powers are much less than that possessed
by other governments. No one will dis
pute this.
The national government of the United
States was created. and its powers and
jurisdiction granted and limited by the
federal constitution. Its powers can only
be increased by amendment of that in
strument. AS said by Chief Justice Mar
shall in Martin VS.. Hunters Lessee, 1
Wheat 326:
''Fhe government then of the United
States can claim no powers which are
not granted to it by the constitution, and
the powers actually granted must be such
as are expressly given, or given by nee
essary implication"
And by Mr.. Justice Mclean, in Briscoe
VS.. Bank, II Pet. 317:
THE federal government is one of dele
gated powers. All powers not delegated
to 1t or inhibited by it to the states, are
reserved to the states, or to the people"
This last is but a paraphrase of the
tenth amendment. 1t is needless to pur-
sue this line of authorities The reports
of the supreme court are full of them;
all to the effect that the general govern
nent can exercise no power not given by
the constitution expressly or by fair i'm
plication.
The power of the general government
to acquire additional territory rests upon
its constitutional power to make war,
which may result in conquest, and it's
like power to make treaties which may
bring territory by cession The power to
govern such acquired territory results
from the power to admit new states and
to make all needful rules and regulations
respecting the territory or other property
belonging to- the United States.
This clause authorizes congress to leg
islate in respect to territory in local as
well as national matters before It's ad-
mission to statehood in the union. As
Continued on Fifth Page.