The Pacific commercial advertiser., 1900-10-19

duties and duties upon foreign goods imported San Fran
cisco legally demanded and lawfully coscted py the clv
government whist the continued, and afterwards from e
treaty peace until the system OF the
United States put practical operation in California un
der the acts of Congress passed for that purpose
with laid down by Chief Justice fancy
In Fleming Page the only apparent divergence arising from
the dicta of Mr.. Justice Wayne above referred to-.
The practice that prevailed with reference to louisiana and
Florida has been followed by the executive department OF the
thus relation all the recently acquired ter
rtoy of the United States the West Indies and the Paehe
The resolution of Congress OF July = 1885, provdmg
for the annexation of the Hawaiian Islands expressly declared
that the existing relations of these islands with the
United States and other countries should remain unchanged until
legislation should be enacted extending the United States Gus
toms laws and regulations them Tins only declaraory OF
what would have been without expression the proper construc
ton of the resolution far the tariff laws OF this country are
concerned And of Congress extend by
the laws of the United States to Porto Rico
and the other islands eded by Spain after the ratification OF the
treaty of Paris of the fact that the executive department
following the precdent cted and requiring the payment
of tariff rates merchandise imported from those places
may fairly be taken indicative of the opinion OF Congress that
desired for the present to have that practice continued
The fact that grand ures or unanm vercts might have
been possible here under the existing conditions of civilization
and by the exercise of law and
Of implied repeal of of does not alter the
The principle rely though founded necessity rests
On broader ground than supposed actual necessity IN any partc
lar instance 1t upon the general rule applicable to all
cases acquisition territory adopted by implication in
the Constitution rule of public law applicable such
and incidental to the power of acquiring territory One prov
Constitution extended here because
be conveniently enforced and another not because cannot be
enforced Nor provision apply here because be
enforced and not to apply the Suu islands because
be enforced there existing conditions The operation
the Constitution does depend circumstances merely of
convenience supposed necessity particular instances But
the application of particular provisions the Constitution may
depend upon general conditions which applicable esab
ished rules founded upon necessity To Illustrate during the
civil President Lincoln established in Louisiana for
and be
III times of peace by the ordinary alone The Supreme
Court held this lawful valid exercise of incidental
power-founded necessity The G,upesho, Wall 129.
1t mmaera whether there any ure whether
grand petit whether the parties civilians the
military forces The legality the of the power did
depend upon whether the ordinary federal courts which under
the Constitution could have been established by Congress alone,
the State courts which could have been established by the
State legislature alone, could have exercised jurisdiction,
whether indictments by grand jures trials by petit ures
possible any particular during the particular
PERIOD but upon whether it for the exercise
ary government of the incidents of which the right
establish provisional for the cases. To quote from
the Peacock decision:
The Constitution contains many provisions intended
guards OF the fundamental rights of m liberty and property
and yet these may of necessity be entirely dsregared
certain circumstances time of because necessity
authorizes breach of the Constitution but because it makes
that constitutional lawful which would otherwise be uncon
sutona unlawful other words because it is only another
name for difference of circumstances and the law applicable
one set OF circumstances applicable essentially differ
en set OF circumstances Expressed in another the Con-
stution itself provides for of well state of
and the law applicable of war; determined by
the usage and customs of nations differs from the law applicable
to state of peace"
AS In the exercise of powers trials be had without
indictments by grand ures verdcts by petit uries be-
trials with these be had in the particular instance
but because trials without these may be had the general
conditions of the heater of military operations as in
cidenta to the exercise of powers such may be had
under the existing laws newly acquired territory
TO the acquiring powehout reference whether it pos
sbe to do otherwise particular instance Such may
be had under, not in breach of, the Constitution.
objected that the doctrine Constitution does not
apply until Congress has taken certain action propo
siton that the operation of the Constitution under the crcu
stances depends the will of Congress necessarily car
res with the admission that what Congress give
same or another can take the doctrine did that
would not be fatal the doctrine It NAV indeed be that