The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-27
Powers of Regulate Commerce.


regulate commerce among the several states;"
'to establish a uniform rule of naturalization
and uniform laws on the subject of bankruptcy
throughout the United State. The recent acts
have properly been extended to the contiguous
territories, which congress, in its discretion has
seen fit to treat as part Of the United States.
IL is provided that mo tax duty shall he
laid on articles exported from any state" but
nothing is said about any territory; and that
mo preference shall be given by any regulation
Of commerce revenue to the ports Of one
state over those OF another, nor shall vessels
bound to or from one state be obliged to enter,
clear or pay duties in another" but nothing
is said about the ports of any territory.
The prohibitions of the Tenth section Of the
First article apply only to the states
In the Second article, relating to the executive
power, it is provided that congress may deter
mine the date on which the electors shall give
their votes, which day shall be the same
throughout the United States (Articlc 2 Sec
tion y. Necessarily the United States here
means the states of the union, which alone take
part in electing president, Later it is proyid-
ed, that during his term Of office, the president
shall not receive in addition to his stated COM
pensation, any other emoument "from the Unit
ed States, or any of them" showing the states
alone were In mind.
The third article is devoted to the judicial
power of the United States. II has been re.
organized under this article and are therefore not
courts OF the United State, and | think when
the question is properly presented, 1t will be
held that the limitation contained in his article
with respect to trial by jury only applies to
the courts of he United States, and does sot
extend to the territorial courts unless congress
has so provided. The cases which apparently
hold that it does can all be distinguished This
third article constantly keeps in mind the rea-
tion of the United States to the several states,
and of those states and their citizens to an
other No consideration whatever is given TO
territories and their citizens
The Fourth articles guards the rights OF each
state and its citizens with respect to every other
state. The public acts Of each shall have full
faith and credit Is all Others The citizens of
each shall be entitled to the privileges and inn
munities Of citizens in the several states. Fugi-
tives from justice shall be surrendered; new
states may be admitted into 'this union; and
republican form of government to every state
in the union is guaranteed. But there is no safe
guard or guarantee whatever in the case Of
territory and its citizens. No republican form
OF government for the territories is guaranteed.
On the contrary, just preceding he guarantee to
the states and following the provision for the
admission Of new states, the following plenary
power Is made:
Congress shall have power to dispose of and
make all ncedful rules and regulations respect
ing the territory or other property belonging
to the United States,
Territory as Property.
Notice the phraseology. Territory is treated as
property as something distinct from the United
States, something owned by the United States
a subject to be ruled and disposed OF by con.
gress at its discretion as conditions might re-
qure without being hampered by the restric
tions which were framed for the states.
The thirteenth amendment contains an explicit
II Nan NhnN V,1a
the jurisdiction of the United States, is not
necessarily a part OF the United States, for it
provides:
Neither slavery nor involuntary servitude, ex.
cept as a punishment for crime whereof the
party shall have been duly convicted, shall exist
within the United States, or any place subject
to their jurisdiction.
There are other provisions to which might
refer if time permitted. ! believe a careful ex-
animation of the constitution leads TO but one
conclusion, that the power OF congress over the
territories is plenary and absolute Whether it
follows from the power to acquire and hold terri
tory, or is conferred by the clause Of the con.
stitution which declares that congress shall
have power to dispose of and make all needfu
rules and regulations respecting the territory
or other property belonging to the United
States" IL is full and complete and is unham
pered by those limitations and restrictions which
were intended to apply only within the states Of
the union. There is line Of decisions Of the
Supreme court going back to the early days
which sustains this view.
Some yearS after the dictume in Loughborough
vs.. Blake, the case of Insurance Company VS..
Canter q Peters, IL, 1929, came before the
Supreme court over which Chief Justice Mar
shall still presided. A court of the territory OF
Florida, composed Of a notary and fve jurors
had sold a wrecked cargo Of cotton, on a salv-
age claim, and transferred the title 10 Canter
the purchaser. 1t insisted that upon the
acquisition of Florida it became a part OF the
United States, over which the constitution ex-
tended, and that under the constitution admiralty
jurisdiction could be exercised only by the