The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-25

exists has always been conceded. The
act TO adapt the ordinance to provide for
the government OF the territory north
west Of the Ohio river TO the require
ments Of the constitution 81. Stat. 5ol IS
Chap s OF the first session OF the first
congress OF the United States. and the
ordinance itself was In force under the
confederation when the constitution went
into effect All territory within the luris-
diction of the United states, not included
In any state. must necessarily be governed
by or under the authority OF congress.
The territories are but pohticai supolv-
isions OF the outlying dominion OF the
United States. Their relation 10 the gem
eral government Is much the same as that
which counties bear TO their respective
states, and congress may leSisiate tor
them as a state does fer iis nenle, t'sss
ritory takes the place OF a constitution as
the fundamental law of the local govern
ment. IL Is obligatory, on ana panos me IN,
territorial authorities, but congress IS su-
preme and for the purposes OF TINS &C.
partment of its governmental autnoiils
has all the powers OF the people % lne
United States. except such as nave been
expressly or by implication reserved IN
the prohibitions Of the constitution,
In the organic act OF DaHola ILL., e..s.,r a.
| not an express reservation OF power N
congress 10 amend the acts OF the terri
| torial legislature. nor was II necessary
such a power Is an incident OF sovsrel s.l,.
/ and continues until granted away. I'M
gress may not only abrogate laws OF tnc
| territorial legislatures. but II may itself
| iegislate directly for The local government;
| II may make a void act of the territorial
| legislature valid, and a valid act vSad- IN
| other words, II has fan and oesnpiete iex-
territories sand and siI the departments OF the
| territorial governments Ii may 90 for
| the territories what the people. under the
| constitution o. the United States may 90
| for the states"
Judge Lochren's Dictum.
- ..... -. thrao ouir-
ions may be found, Of which one only -
! favorable 10 the standpoint OF the Demo-
| cratic party This memorandum. written
| by Judge Lochren. on the Minnesota err
| cult of the United states court was
mere dietum OF the court. the question
not being raised in the case before It, and
"If the constitution does not extend 70
| Puerto Rico and our other new acquisi-
tons of territory, but congress has the
| untrammeied. absolute power TO establish
4 subject governments or make laws for any
| such territories. IL has the power to es-
| tablish dependent monarchies or satrap-
| riss, state religions. and even slavery. The
argument OF one of the senators, that the
last clause OF the thirteenth amendment
| prevents the establishment there Of siny-
| cry, Is obviously lame and impotent. for
| II the constitution does not extend to these
parts of the United States, nor limit con-
fbem i BY What ~ process VIII th,s single
| clause OF an amendment OF that consii.
tuition detach Itself from the skin OF the
/ parchment, ana alone fdettu user upon
| these new territories7 II II be considered
| that this clause OF the thirteenth amend
| ment. EEK proprio yfgore.' extends to these
| new territories or limits the powers OF con-
concede away the entire contention: for.
II that clause extends to the territories.
| or limits the powers OF congress respect
ns them. every clause OF that instru-
ment, for the like reason, is equally po-
| tent To say that clause IN the consti-
| tuition does not extend to territory. hut
/ does limit the n lpr
slating for that territory. Is TO draw a
| distinction too fine 10 be practical"
This quotation Ia taken from the adj
| vance sheet for MAY. 1900. Of the Federal
| Reporter. and II Is now Incorporated in
the Reporter, volume 100 The title OF the
case in which this language occurs is
| Eek Parte Ortisy,"
Judge Townsend's Decision.
sral Reporter for the month Of Septem-
| Der. which win ba a portion OF volume
io3 OF that system. may be found a deci-
cult court for the southern district OF
| New York. The case In question, Goethe
against the United States. arose from the
| unwfliinguesS Of the importers OF tobacco
| TO pay the tarifY exacted on imports from
| Puerto Rico. Tho decision deals through
out with the questions now before the ma
| ton In regard TO the legal status of such
territory, and would repay any trouble
| experienced In obtaining and studying the
| same In part Justice Townsend writes:
| authority OF the executive. made ii ours
by military title But the presidents con-
| quests DO not enlarge the boundaries %
this Union. nor extend thu operations OF
| our institutions and laws beyond the linz
| its before assigned 70 them by the iegis-
lsuve powers. Our boundaries could not
| be regulated by the varying incidents of
war and be enlarged or diminished as the
| armies on either side advanced or retreat
ed, In this sense. therefore. our eonsti-
| tutional boundaries do not follow the
nag. An extension Of the boundaries of
| the United States can be made only by
the treaty-making power or the legisls-
| tive authority. and IL not a part OF the
power conferred upon the president by the
| declaration OF war
The conquest q Puerto Rico aid not In.
corporate the island within the United
| States. Did the treaty OF rassinn ac-
| complish that RESULT What action on the
mart Of the treaty-naking power IS es-
| sentisI IN order to effect a complete tn
| corporation OF new territory. and whether
this result can be accomplished at all
without supplementary LEGISLATION, Is by
| OF Louisiana II was provided that;
/" The inhabitants OF the ceded territory
shall De incorporated n the Union OF the
possible according 10 the princinlas ~
| the federal Constitution, TO the entoymenf
Of all the rights. advantages. and fnmun-
| tiles Of citizens Of the rnited states
Whether this provision brought the
| new territory within our boundArgrg =
question which has not arisen. con-
| gress. shortly after the ratification OF the
| treaty, passed acts providing FOR the ex-
| tension Of our customs and other laws
| over louisiana The treaty which ceAed
w1ortta ocuiained an hlmo@s identical pro-
/ vision FOR fhe incorporation o. the in
| hshitants or thai territory. OF this treaty
! CHIEF Justice Marshall said.
4" This treaty is the law % The land
and aarrse The Inhabitants % Florida
| 60 che enjoyment - the privileges rsghts
and ftnrrniiies % the citiKsns OF Tho
| United states"
whether they would ~ admitted inae-
pendeusiy % shis stipulation Nc refuses
| "a discuss Congress, however dee med n
| necessary 20 rase special eslarfr5engs IL,