Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-01-25

or into territories. In confirmation of this
view is the fact, that up to that time all
treaties Ccding territories to the United
states contained carefully expressed proVi-
sions giving Immediately it's citiz ms the
rights, privileges. and immuuitics of Citi-
zons of the United States. or providing
that such rights. privi eyes and immun-
tiles should speedily bc conferred and the
territories formed into States. The com
missioners who formulated those treaties,
the President who submitted them to the
Senate, the Senators, or some of them at
least, who ratified them, were eminent
constitutional lawyers, and some of them
engaged in formulating and discussing the
original constitution. 1t can hardly be
conceived as possible that this line of aC-
tion should have been pursued for so many
years, If the constitution, of its own nm
aided foCcc, extends 10 every territory ac-
uuired hy the United States.
INTERNATIONAL LAW.
II is international law. everywhere ad-
mittcd and recognized, that the cesSion Of
sovereignty over a country by one ma
ton to another affects only the political
relations of the Inhabitants Of the ceded
country, and makes them subjects there
after of the nation receiving the ccssion;
that while the inhabitants of the ceded
country change their allegiance. their re-
lation to each other ana their rights Of
property remain uudisturbed. The cession
of a country does not affect the rights
of property.
Laws usages and municipal regulations
in force at the time of CoSsion remain in
force until changed by the new sover-
eighty. The new sovereignty may deal
with the inhabitants and give them what
law il plcases. unless restrained by the
treaty of ccsSion, but until alteration be
made tho former law continues The
constitution cannot, of its owu inherent
force, extend itself over such territory. 1t
might be widely at variance with the law
Of the Ceded territory. Hence it follows
that the constitution. with the exception
of the 18th amendment. does not extend
cN proprio Vigore, into the newly ceded
dependencies. and the contracting nations
could properly except uncivilized tribes
| from the rights, privileges, and mmuni-
ties of citizens in the treaty by which
Alaska was acquired. Hence the Supreme
Court properly has held that Congress
has plenary power in legislatinG for terri
tories, unless restrained by the stipula-
ton Of the treaty, whether that mower is
derived inrliedly from the treaty-making
poWcr-that the nation must have power
TO govern what 1t may lawfully acquire
or from section Of article I of the con-
stitution.
I'm whatever light it is viewed it is man
itcSt that the constitution. with tho eX-
ceptiou named. unaided, doe, not extend
TO Puerto Rico and the Philippine Islands
and that Congress- with this exception,
- - 'N1".u VIZ ~. ""'H l,'"'t ~ nS'S'"''
j." ,,S"i" ~ ,u."l' ~ '.''N' SuV' uIeS anu
,'",. '7''''t' t'O'H ''.iIS ."sm a. !. leS''uS
't,.ulu., '' .o''S'u ,!lnE .n'', Si'uatloH ana
"''l. ",'ii,iou uI te ouncr
~ iS'o'S .! t"c c"''9'!t u''oh "h,cn secure
ties to citizens Of the United States whose
't,'S 'H'"l"S ~
~ 'ne o''S SUI u'ioH' on W'l. the exception
,,aiIou, UuVH '"' ilN""u tu'S' iS!"iihs q
rs o"n I''rr; 1t - ''id''lcSt 'ha' us otner
oHNlo"N WIZ ''ot "rc"'n' operative ''ieie
"u"O"t 81" az u '"'S'cSS: me treaty
,lo i'"t Pu. t"eI w operation there' IL
il'S "''i ''"ii''eu 'i'dt N''it'tSS ny So'ile
lnueiii'tplc process hnph'uIN puts 'htW III
, uptra''on on as soon as II enters upon icglS-
iutio' io' tHr i9Id'"', eve" "i,"out nay