New-York tribune., 1900-09-04
MP DAWES ON THE CONSTITUTION.

ExSanator Henry T. Dawes In "The Congre-
ga+ionalist" makes q novel point against the
Calhoun theory that the Constitution restrlcts
the mowers of Congress over the Territories TO
those conferred on 1t with relation to states
He points out that when the Constitution was
adopted we had no Territory except the land
northwest of the Ohio shortly before ceded to
the Confederation by the several States having
claims there For the government of this Terri
tory the Continental Congress adopted the
famous Ordinance of 1887. This Ordinance Mr..
Dawes saws. Is "a complete code of laws for
'the government of that Territory down to the
'rninutest specifc particular, every part OF
(which It would have been impossible for the
Congress of the Constitution to enact, II the
'Timitation of its power in the States, as is
'tnow contended, applied equally to the Terri
"tory"
The Ordinance was drafted by some of the
men who also made the Constitution, and at
about the same time. Men turned from their
duties in Congress at New-York after passing
it to take up their duties in the Constitutional
Convention at Philadelphia. This fact leads
Mr. Dawes to remark:
Now in order to maintain, as the Democratic
party now claims. that the limitations of Con-
gressional authority IN the States are alike ap-
plicable to territory belonging to the united
States 1t is necessary to believe that these men
Iaft their associates in the one body engaged in
framing the Ordinance and went into the otner
body and helped make Constitution which, the
moment It was adopted, would extingulsh the
entire Ordinance because unconstIutlonaLi Oe
ing beyond the power Of Congress to !eg1sIate
in the States. There may be found at the pres
ent day small politicians capable of such trick
cry, but the American people VIII prano tne
men who lay such duplicity at the door OF any
one of the trainers of the Constitution. But
these men went further. Taking offices under
the Constitution which had thus extingutshed
the Ordinance these men upheld and admin
Ordi under
its benign influence thus administered the last
of five great States found itself by the side or
the original thirteen. Nothing can make IL more
plain that in the opinion of those who made the
Constitution this construction Is not the
true one.
The Calhoun doctrine which Mr.. Bryan has
adopted implied, as the great defender OF the
right of the inhabitants Of the Territories to
hold slaves exultingly avowed. 'the extension
''to the people of those Territories of every
privilege. right and immunity which the peo-
'pe of the States enjoy" If that is the true
view of the Constitution, 1t inevitably follows,
as Mr.. Dawes says that Immediately upon
"acquisition ten millions of Filipinos have the
common right with every American citizen to
exercise citizenship and residence, set up what
''ever religious rights trade, business opera
'tions, or social and commercial relations they
please in any and all parts Of the land, making
thereby an American-Filpno resultant OF this
''GoVernment. It need not be added that such
"a government would be no longer the Govern
''ment of the United States of America created
''by the Constitution"
Even the Democrats repudiate the logical con-
clusion of their own doctrine, and in their plat
form declare that the Filipnos must not be
made citizens, while declaring that the Porto
Ricans. whose status under the Constitution is
exactly the same, are irrevocably citizens with
all the Constitutional rights. Their position Is
so inconsistent and absurd that it would fool
nobody, except for timid fears of the exercise
Of discretionary powers by Congress. These
fears are groundless. There is no more danger
of imperialism in the exercise of the underlined
power over the Territories than in the exercise
Of the narrower. but within limits, absolute
discretion granted to Congress in the States.
Liberty has not been broken down by it, in
spite of the alarms of John Taylor of Caro-
line and the other timid State Rights men OF
the first half of the century. Mr.. Dawes sees
that discretionary power is a necessity in our
Government, and rests on faith in those who
"are to come after u.s." and he does not think
the country decadent, but says that such power
''is the cornerstone Of free institutions, and
"comes of the conviction that all wisdom and
patriotism will not disappear from among men
''when we die"