The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-03-06
RIGHTS OF THE ISLANDS.
Law Omcer Says They Are subject to
Control of Congress-Not other
wise by Constitution.

NEW YORK. March 5.A special TO the
Herald from Washington says;
The opinion rendered to the secretary
OF war by Charles e Magosn,. law officer
of the division of insudar affairs. on The
legal status of the territory and the In
habitants OF the former Spanish islands
acquired By the United States. Is being
very generally used by senators in the
preparation of speeches on the Puerto hi
can tariff bill.
so long as the political department of
this government, Mr.. Magoon asserts
elects to treat said islands as being out
side OF the territorial boundaries Of the
United States. the question of excluding
Objectionable persons or races is OF easy
solution. The products OF the territory
have no greater rights Of entry into the
United States than have the inhabitants.
THE laws OF the regulation OF COM
merce with the territory have not been al
tefel. congress has not changed -hem. and
certainly the executive, acting aions can
not do so, and has not made the attempt
TO perform such unauthorized functions.
The laws regulating navigation and coast
trading in the United States have not
been extended over said territory and
cannot be, without appropriate action by
congress-"
Mr. MaEoon states that the Inhabitants
OF tho islands. not being citizens Of the
United States, do not possess the right OF
free entry into the United States. The
rights OF immigration into the United
States by the inhabitants OF the islands
are no more than those OF aliens Of the
same race coming from foreign auds
The Chinese residents viii be excluded
rnaer the provisions OF the Chinese ex-
olusion act.
The treaty with spain" the opinion
continues, "dsd not attempt 20 naturalize
the inhabitants of the ISLANDS acquired
tzr he sat Tat flrs fhaa
Il provided that the civii rights aud pollt-
teal status % the inhabitants shall Ne
determined BY congress- n follows that
they can become citizens only by "a spc-
c.hc act OF congress-"
Mr. MaEoon says the power 70 extend or
contract the territorial boundaries az the
United States - vested IN the two houses
OF congress. acting with the approval OF
the president. and n not 10 De exercised
by the president. either a. chief exeru.
tive or commander-lu-chie, of tho military
forces.
Mr Maeoon holds that there can be
no question that the territory without the
boundaries 81 the United States o. not
bound and privileged by cur constitution
Mr. Magoon believes congress and the
executive fuuzst determine Whistler she
bouHasTias gs the United States shall Ne
extended 70 include any or Az q the s.
lands Of Puerto Rico, ths Philippines and
Guam
Mr. MsEoon denies that the Inhabitants
- the ISLANDS are citizens - TIRE ffulteA
states though he says they are entitled
to call upon this government 10 protact
them In their rights az property ans per-
son, 20 preserve the puhl4c peace AMI
maintain law ana or3si ans prevent "a.
croachmeuts On their territory % foreign
nations Corelat;vey the Inhabitants ogge
allegiance 10 she sovereignty ard ohsii.
snee to the laws whereby tho SOVEREIGN
undertakes 70 discharge the Obligation.
The sovereignty ana Jurisdiction ~ the
Cnited states having attached % the is-
lands. persons continuing therein are sub
sect "a the laws pat IN force therein hy
ths Unsted States. without regard 20 their
citizenship with sach exceptions as are
In force IN other territories suhtect to the
Jurisdiction o, the United States
Tt seems inoontrovertibIe continues
Mr. MaEoon. that the unorEanizea terri
tory % the Euitea States - not houns sni
benefited by tire constitution and Iaws Of
the United States until congress has made
appropriate provisions therefor Ana 3.
congress BY appropriate action. extends
the territorial boundaries % the United
States 20 include the islands acquired Nv
the nation during the late war with Spain.
ard thereafter continue saiG Islands ln the
condition Of uuorganizei territory. gov
ernei BY the sovereign POWERS Of the ra-
tion. the exercise O, said sovereign pow