El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-04-04
THE CONSTITUTIONAL RIGHT.

Il is quite characteristic of the demo
cratic obstructionists that they should
spout and fume about constitutions
rights and other deep questions upon
full deliberstion have been expended by
those competent to deal with them,
when the kickers themselves have not
taken the trouble to consult an au-
thority.
''The constitution follows the flag
a mere Fetch, q byplay of words, that
will doubtless go down in history with
Bryan's ''cross OF gold" prattle as a
charm to copjure with, tickling the
ear of the shsllowpate, and sweet to
roll pultaceously under the oily tongue
of the demaRogue. Some of the
speakers at the democratic fizzkittle
Saturday night brought the phrase
into use without, it Is safe to say, at
tempting to assign to it q cogent
meaning. More than one evinced a
ridiculous ignorance of constitutional
law, and more than one forgot entirely
the terms of the treaty of peace with
Spain.
Lsaving aside altogether for
the moment the question OF the policy
Of levying a fifteen percent duty on
Puerto Rico trade, let us look at the
law in the matter. Puerto Rico is not
in any sense a state or part of the
United States. 1t is possession be-
longing to the United States, and con-
gress has full power to make such
laws for its government as it sees fit
CONSTITUTION U. S., Art. ", Sec. 3,
Par. 81 Hence it does not come under
the provision of Article I, Section 8.
The supreme court and other United
States courts have fully and finally
settled the constitutional questions in
volved in the government of terrific
ries. In the case of the Mormon
Church vs.. United States Q36 q. S. J
the supreme court, by Justice Bradley,
rendered the following opinion:
The po yer of congress over the ter
ritories of the United States is general
and plenary, arising from and Incident
al to the right to acquire the territory
itself and from the power given by the
constitution to make all needful rules
and regulations respecting the terrific
ry or other property of The United
States. Il would be absurd to hold
that the United States has power to
ern 1t when acquired. The power to
acquire territory is derived
from the treaty making power and the
power to declare and carry on war.
The incidents of these powers are
those of national sovereignty, and be-
long to all independent governments.
The power to make acquisitions of ter
incident of national sovereignty. The
territory of Louisiana, when acquired
from France, and the territories west
of the Rocky Mountains, when acsuir-
ed from Mexico, became the absolute
property and domain OF the United
States, subject to such conditions as
the government, in it's diplomatic ne
gotiations, has seen fit to accept relat-
ing to the rights of the people then in
habitinp those territories. Having
rightfully acquired said territories, the
United States government was the
only one which could impose laws upon
them, and it's sovereignty over them
WAS complete. No state of the union
had any such right of sovereignty over
them; no other country or government
had any such right. These propositions
Br0 SO elementary dDu 50 necessarily
follow from the condition of things
arising upon the acquisition of new
territory that they need no argument
to support them.
In the case of Bremen We. Porter
70 Howard) Justice Nelson, for the
court, SAID:
They (speaking of territories) are
not organized under the constitution
nor subject to its complex distribution
of the powers of government, as the or
ganic law, but are the creations, ex-
cjusively, of the legislative depart
ment and subject to it's supervision aud
control.
Only a year ago the question was
again adjudicated, and Justice Nor
row, of the Ninth district, having ex-
haustively examined all the authori-
ties, delivered the unanimous opinion
of the court in the following words:
The answer to these and other like |
objections urged in the brief of counsel
for defendant is found in the now we'll |
established doctrine that the terrific |
ries of the United States are entirely |
subject to the legislative authority OF |
congress. They are not organized |
under the constitution, nor subject TO |
its complex distrib button of the powers |
of government as the organic law, but |
are the creation exclusively of the le- |
gislative department. and subject to its |
supervision and control. (BreDner vs.. |
Potter, 9 How, 235 242 The United |
States, having rightfully acquired the |