The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-08
Porto Rico as Much Part of This Coun-
try as Arizona, Minnesota
or other States.
NATIVES ARE ALL CITIZENS
AND ENTITLED TO ALL RIGHTS
GUARANTEED BY CONSTITUTION.
Rafael Oritz's Application Denied BE-
cause the Military Was In
Control of the Island.

ST. PAUL Mimi, May I.-Judge Locnren
to-day filed in the United States Circuit
Court his decision on the application of
Raafel Ortiz, Porto Rican, to be released
from Minnesota State Prison.
Ortiz was convicted by a military tri-
bunal in Porto Rico. The sentence was COM
muted to life imprisonment. The application
for release was based on the claim that the
military authorities had no jurisdiction over
Ortiz, that peace had been declared, and he
should have had a civil trial. Judge Loch-
rem refused the application in an oral de-
cision Thursday last and to-day filed an
exhaustive opinion thereon. The decision
has evoked great interest throughout the
country, as it bears largely on constitu-
tionaI questions which have arisen on the
position of Porto Rico as a territory of the
United States The decision states:
"Our general government was founded by
the men of the revolution who had re-
belled against the arbitrary power as
serted by Great Britain to govern her out
lying colonies at the will of her parlia-
ment. They established this government on
the asserted theory that all just powers
of government come from the consent OF
the governed. They founded as described
by President Lincoln in language not yet
forgotten-A government of the people.
by the people, for the people. 1t will be,
indeed, marvellous If it is made to appear
that these men who then founded our ma
tional government so constructed it that 1t
is capable of ruling with unlimited power
a subject people who have neither guaran-
tees to protect them nor any voice in the
government. This is foreign absolutism-
the worst form Of tyranny.
eff the Constitution does not extend to
Porto Rico and our other new acquisi-
tions of territory. Congress has the
trammelled absolute power to establish
subject governments or make laws for such
tranimeled absolute power to establish
dependent monarchies or satrapies, state
religions. and even slavery. The argument
of one of the senators referred to that the
last clause Of the thirteenth amendment
prevents the establishment there of slav-
cry Is obviously lame and impotent, for If
the Constitution does not extend to those
parts Of the domain of the United States.
nor limit Congress in its powers of legisla-
ton over them, by what process will this
single clause of an amendment Of that in
strument, detach itself from the skin of the
parchment, and alone fasten itself upon
these new territories? If it be considered
that this clause of the thirteenth amend
ment ex propria vigore extends to these
new territories. or limits the powers Of Con-
gress respecting them, every clause Of that
instrument for the like reason is equally
potent. To say that clause in the Con-
stitution does not extend to a territory.
but does limit the power of Congress in
legislating for that territory is to draw
distinction too fine to be practical.
1.-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 Constitu-
ton. its 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 powers. In respect
to its own people. in its entire domain. and
generally, except in respect to its power to
deal with foreign nations. and concerning
matters expressly committed to it by the
Constitution. it's powers are much less than
that possessed by other governments. No
one will dispute this
"The national government of the United
States was created and its powers and jur-
isdiction granted and limited by the feder-
al constitution. It's powers can only be in
creased by amendment of that instrument
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 acquisition territories re-
suits from the power to admit new states
and to make all needful rules and regula-
tions respecting the territory of other
property belonging to the United States
This clause authorizes Congress to legis-
late in respect to a territory in local as
we'll as national matters before its admis-
sion to statehood in the union.
1.-THE novel doctrine that the power of
Congress to govern territory ceded to the
United States may be confessed by for
eign sovereign, by and through the terms
of the treaty and eesSion, and that the
general government can exercise powers
thus granted by foreign sovereign inde-
pendent OF and in disregard of the consti-
tuition until Congress, mayhap in the fu-
ture shall by its enactment see fit to ex-
tend the constitution over the territory, is
contrary to the holding of the Supreme
Court OF the United States. to the effect
that the general government is one OF
enumerated powers and can claim and ex-
ercise no power not granted tc 1t. the con-
stitution. either expressly or by necessary
Implication. 1t is clear that the general
government cannot legislate over territory
where the constitution from which it's every
power is derived does not extend. The con-
stitution to be In force over a territory
befoTe the genTai government can have