New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-09-01
THE WITNESS OF MR.. BOUTWELL,.


The supporters of Mr.. Bryan In this campaign
have found q great deal of comfoI in the con-
stitutionaI expositions Of Ex-Governor George
s. Boutwell, Of Massachusetts. That dis
tinguished leader of the anti-imperialists has
been Joining with them in denouncing the Re-
publican view Of the paramount power of Con
gress over territory a dangerous novelty. He
has given his adhesion &c the Calhoun doctrine
Of the extension of the Constitution ex proprio
vigore to the Territories, and his eminent posi-
ton as a former Republican has been quoted
to show that the view adopted by Congress in
the Porto Rican legislation was new and bas-
tard Republicanism, unknown to the older gen
Grafton Of Republican leaders and only invented
as a cloak for despotlsm.
On May "a last Mr. Boutwell, made a speech
at Cooper Union, in this city, entitled Republic
or Empire" in which he expounded this view,
declaring that "the Constitution by its own
"force applies equally and everywhere and al
ways to every part of the United States" and
that 1--WE have the right to acquire territory and
Eve have the right to govern all territory &C
| "quired, but we must govern it under the Con
"stitution. and in the exercise of those powers,
land those only, which have been conferred upon
! Congress by the Constitution. Any attempt
! further is a criminal usurpation." Mr.. Bout
we'll declared that whenever a territory is ac
"quired, either by purchase or conquest. the Con-
''stitution becomes Immediately and by its own
! force the fundamental law Of such acquired
territory, or it must remain forever outside of
"the Constitution; and he proceeded to enun-
ciate these three conclusions as fundamental
propositions:
First-Whenever territory is acquired, whether
| by conquest purchase such territory be-
comes subject to the Constitution. and that
| without the aid agency OF any branch or
! department Of the Government OF the United
States.
second-The power Of legislation by Congress
over such territory is fixed and limited by the
Constitution
Thrd-The claim that Congress may govern
/ territories and provinces that not within
1 the Jurisdiction Of the Constitution or that
Congress may extend the Constitution over
Porto Rico or the Philippines or Guam is an
! assumption Of arbitrary power that must prove
/ fatal to our republican system.
Mr.. Boutwell, did not always think thus APP
parently 1t was only when seeking constitu-
tional arguments against the Administration
whose policy he opposes for other reasons
that he developed these principles. Represen-
tative Moody. Of Massachusetts, has been
studying Mr.. BOutwell's papers, as published
under his own authority in 1867, and at the
Essex Club dinner, Thursday, quoted Mr.
Boutwell, ms an authority in favor of the Re-
publican view. In Mr.. Boutwelrs published
papers is an article written by him and printed
on Mr.. Douglas; Popular Sovereignty" In it
he dissects the Douglas and Calhoun doctrines
then being put forth for the protection of
slavery, and gives convincing arguments TO
prove the plenary power of Congress to legis-
late for Territories as outside the Constitution.
just as II has done in the case of Porto Rico
Mr. Boutwell, says: 1T is quite plain that the
Constitution was formed by the people Of the
United States, and it's jurisdiction was lin
'ited TO the United States; that in truth the
Constitution of the United States, as a con
"stitution, can never apply to the people of a
Territory until they have formed a constitu-
uon for their own government as a State.
been admitted into the Union and accepted
the terms Of admission" In this paper too.
he reaches some fundamental conclusions CON
corning territory and the Constitution, which
he states follows
First-The right to acquire territory is inherent
( IN every government; and in our own case II is
States ~
second-As the essence Of a cession Of ter
ritory is the transfer OF Jurisdiction the United
states necessarily acquires Jurisdiction over
all territory obtained by discovery conquest OF
purchase.
Third-As Jurisdiction is the right OF govern
ing or legislating the right OF the United States
TO govern the Territories Is Legitimate
Fourth--The Constitution OF the United ststas
may De EXTENDED over Territory by the treaty
OF annexation, or by the law Of Congress- in
WiacH case IL is ohly the authority Of law; but
visions is limited TO the people and the states
OF the American Union.
1t is clearly TO be seen that Mr. Boutwelrs
two views are exactly contrary. and that Pres
ident Mckinley and the Republican party of to
day uphold exactly the same constitutional