New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-05-14
THE UNITED STATES As 4 NATION.
A DISCUSSION, APROPos OF JUDGE LOCH-
RENs OBITER DICTUM, OF THE RIGHT
OF SOVEREIGNTY OVER THE
SPANISH ISLANDS.


To the Editor of The Tribune
Sir: Evolution. which has been at work ever
sr.Se the first Continental Congress of TIA has at
last evolved tie complete notion that the people of
the United States constitute nation with ali the
powers of sovereignty that international law de-
cares TO be inherent in a sovereign nationality.
There remains only the need of declaration of
this political truth by the only authority
the people themselves. and this new Declaration
Of Independence can best be given by the votes.
pro or con, of fifteen millions, the approaching
Presidential election. where this principle shall be
affirmed denied in the party platforms.
In an imperfect mode the issue has already been
made; for the Republicans deny nat the nsular
possessions within the full scope OF the
written Constitution. while the Democrats contend
that by its force the entire written Consttu-
ton extends to these possessions. and that except
for the written Constitution the United States
could have powers of any sort; they ignore the
unwritten part of the Constitution.
This latter view appears to have been stated in
certain obiter dicta Of Judge Lochren in the Ortiz
case, where he properly refused relief the only
ground involved that the defendant i'm
prisoned by a military sentence in Porto Rico
where civil court of the United States had
yet been established.
The jealousy which the several States had for
each other and their fear OF the Federal entity
styled 'the United States" were the chief obstacles
In the way of adopting the written Constitution
That fear sought TO minimize Federal power and
vainly tried to emasculate 1t with less
vague limitations
In the greater proportion of litigations the I'M
written law has much power as that which Is
written; and 1t is that just view can be
taken of a grave constitutional question which
does not embrace the powers both of the unwritten
and the written Constitution The British Con-
stitution wholly unwritten; ours is the magnif-
cent charter written in 1877, great defining
and remedial statute. and is a supplement to the
pre-eXisting unwrtten Constitution. That strict
construction of the written letter which appeals
the distinguished Judge have named, ignores
the equally binding unwritten Constitution The
written and unwrtten should be construed to-
gether. The unwritten warrants the claim for the
broadest nationality the written defines and shows
procedure, but abrogates international power.
The first Declaration of Independence, on July T.
1776 declared the United Colonies to be free and
Independent States, with all the powers which ap-
pertained to such States, among which the
right to make war, conclude peace, negotiate
treaties, etc. Then 1t that the Nation
born, and its Congress conducted its international
affairs for thirteen years before the written Con-
sttution went into operation. SO far the inter
national powers of the Nation born July !. 1776
END still existing, concerned there has been
lessening of power by the written Constitution
The international power sprang originally from
nationality. and not from delegated powers. which
simply reaftirmed some of those which had been
previously claimed and effectively used for thir
teen years. All of great institutional rights
referred to in the Magma Charta of 2l5, in the Bill
Of Rights of 1858. and in the pre- Revolutionary
colonial charters. part of Constitution. and
there was no need of writing them in the instru-
OF 1871, for they had been for centuries writ
ten in the hearts OF all who inherited or shared
English freedom.
II seems TO be just view that. under u
thority as nation, waging war. We acquired the
Spanish ISLANDS by conquest and cession, and that
this authority existed before the written Constu-
ton, as an inseparable incident OF nationality.
Under that authority We have as ample power TO
dispose Of or govern those acquisitions would
any other sovereign Power which had acquired
them-subject, however, in case. the insttu-
tional rights above referred to. involved in the
joynent the right life, liberty and property
which rights only follow the flag
Is II not, therefore sound claim that the United
States. as a nation by virtue Of the sovereignty
CURED and will govern the Spanish Islands until
the time shall when, under the provisions of
done the Executive Of the Nation may repose upon
Nation and govern a military commander. sub
ject to the said institutional rights, which neces
sarily with our Jurisdiction.
In brief the United States a nation that
listed long before the written Constitution of 1ISI
hold and govern them by force of their nationality,
and Will continue to do, recognizing all institu
tuition Congress shall provide some other modus
vvendi.
To contend, as Judge Lochren does. that the
United States as nation lacks any of the broad
powers OF international sovereignty. is put
on shackles that do not suit the ideas which
luton has put into the minds OF those Americans
widest: tTusst our states are %aIv,ded as
sovereign in their municipal character. lacking
only in the complete sovereignty which alone
share in international matters and which is vested
solely In Nation the entity styled the United
States
! suggest as the first plank in the Republican
States nation. with all the powers inherent
in national sovereignty in all matters within the
JOSEPH CULBERTSON CLAYTON
New-York. May S, 1900.