The Providence news. (Providence [R.I.]) 1891-1906, 1900-09-07

Washington. Sept. THE. attention OF
Assistant Attorney General Beck was
called 10 the following statement In a re-
cent speech of Mr.. Bryan:
IF this government enters upon a
colonial career. II must repudiate the doc
trine that governments derive their just
powers from the consent OF the governed.
"The people of Europe can be ruled in
one way, the people of Canada In an
other. the people of Ireland In another.
while the people of India can be governed
according 70 still different forms, but
there can be no variety In republic
When questioned as TO the accuracy OF
this statement, Mr.. Beck said:
"Mr. Bryan's statement is not only at
variance with the constitution as In
ferpreted by the Supreme court, but 1t
IS contradicted by the history OF the
government from its commencement 10
The present hour.
There has always been variety in the
measure or self-government in this coun-
try. The equality enjoyed by the states
has never been shared by the territories.
The Indian tribes have from the begin
ming been governed, with some excep-
tons without any self-government
whatever, while to citizens of the ter
,ttories has been given a measure OF
eelf-government which. while inferior TO
that enjoyed by the states. is yet anal
ogous TO citizens OF the self-gov-
erning colonies OF England.
For century the permanent residents
OF the District of Columbia OF whom there
are now nearly 100000. have been govern
ed without any participation whatever In
their municipal government.
GOVERNMENT OF TERRITORIES.
From the time that the Confedera-
tion passed the law for the government
of the Northwest Territory until the time
when congress passed law for the civil
government of Porto Rico. the Republic.
acting through congress, has repeatedly
passed laws for the organization and gov
ernment OF territories. in which varying
segrees of home rule have been given TO
the citizens thereof I'm accordance with
their capacities. and in which all partici-
patton in government has been denied to
the Indians.
80 far as the power of the govern
ment to acquire territory and hold IL at
pleasure and govern II In It's discretion
Is concerned. excepting always funda-
mental personal rights. there can no long
er be any legal question whatever
'It Is true that I'm the famous Dred Scott
decision some of the opinions OF the dif-
ferent members OF the court contained
certain dicta which might indicate a con-
trary opinion: but these dicta were the
expressions OF but one or two Judgesand
were not essential to the decision In that
case, and are contradicted by the later
decisions of the court
THE present doctrine advocated by
Mr. Bryan and his adherents. that CO.
lonial policy is impossible for this coun-
try unless we are prepared 10 admit the
tb1 D1.tl tn a he
privileges which the constitution gives to
the state. Is a curious revival OF doc
trine which was first suggested by Mr..
Calhoun for the purpose OF carrying sla-
very into the territories by means of the
constitution. 81
NEVER QUESTIONED.
''The rights of congress to legislate
from the territories was never questioned
until the great advocate of slavery, I'm
the latter part of his career, first ad-
vanced the doctrine that the constitution,
with it's recognition OF slavery. became
Immediately applicable to the territories
when acquired. and congress, therefore,
could not, without violating the constitu-
tion. prohibit slavery in the territories.
Whatever sanction the supreme court
NAV seem TO have given to this doctrine
in the Dred Scott decision, the Civil War
was fought 10 destroy II, and with IL sla-
very and the later decisions OF the SUI
prcme court leave no room for doubt as
10 The plenary powers of congress In the
territories. and the right of the American
people. acting through their congress, to
hold territories or colonial dependencies
without comforting the political rights Of
statehood, when and as long as IL shall
please the Republic.
RESTS WITH CONGRESS.
Thus. In one case murphy VS.. Ram
eey III u. a. 45) Mr.. Justice Mathews