The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-20
Thc Violated Constellation.

TIE Liberty Congress which was in
session for three days during the past week
a. indianapolis adopted as its first res9lu-
lion the following:
.sWo believe in the Constitution Of tie United
States. 1t gives the President and Congress ceI-
tain limited powers and secures 10 every man
with,-'--he jurisdiction Of our Government GER
1si.l ESSENTIAL rights We deny that either tie
President Congress govern any person any
where outside the Constitution. There is no room
Under the free flag Of America for subjects Tie
Presiezne and Congress. who derive all their
powers from the Constitution, can govern no inan
without regard 10 its limitations
In this declaration is embodied the es-
sence of the principles which distinguish
the anti -imperialistie revolt against the
Administrations policy of arbitrary gov
eminent of Porto Rico and the Philippines.
Each clause is pregnant OF meaning. In
stead of evasfve generalization the great
est pains are taken to express in unmis-
taxable language the faith and the prinei
pies emphasized by this convention.
The imperialists, who at this time con-
troll the machinery and direct the move
ments of the Republican party have con-
structed dividing line between territory
of the United States which is subject TO
government under the Constitution and
territory which is subject to the exclusive
arbitrary power of Congress or of the
President without the restraints of our
great charter.
The contention OF these advocates Of this
modern doctrine is that the Constitution
only applies 10 the original territory Of the
thirteen States and such territory subse-
quently acquired as was by the treaty Of
cession brought under the Constitution
The only constitutional provision which
can in the least be relied on as authorizing
such arbitrary exercise of sovereignty is
the clause of Article ", which provides:
The Congress shah have power to dispose Of
snd make all needful rules and regulations re-
siecting The Territory Of the United states-"
1t is contended. then. that in the making
OF such needful rules and regulations Con-
gress is unhsmpered by the mandates OF
this same Constitution, and that as to
such territory rules and regulations may
be made by Congress in direct conflict with
the general constitutional provisions. For
instance, the Constitution having no bind
ing force in Porto Rico or the Philippines.
the following article (frst amendment)
would not be obligatory:
Congress shall make no law rcsr.ec,i5o an 70.
Enlistment Of religion or prohibiting tie free
exercise thereof; abrdgiHg the FREEDOM OF
speech or Of the pres. OF Of the right Of flie
people 10 assemble and to petition the Govern
nent for redress Of grievance. 90
Although the language is unequivocal-
Congress shaa' make no Law respecting. -
etc.-those interpreters Of extra-consti-
tutional law maintain that what is meant
is that Congress shall make no law" etc,
applicable to the States and to such terri
tory as some other power has by its ces-
sion made subordinate TO the Constitution,
but II the ceding power has omitted 10 ox-
tend the Constitution over the coded ter
risory, Congress shall not be restrained
BY said provision in regulating such pos
sessions.
Another provision Of the Constitution
that is denied to our new possessions is
Article " (amendmentl
The right Of the people 10 he secure in their
persons, houses papers, and effects against IN
reasonable sessehes and seizures shall not be vio-
isted. aud warrants shall issuc bat upon
probable cause, supported by oath Or affirmation,
and particularly describing the place 80 be
searched and the person OF thing 10 be seized.
These safeguards are denied cur new
dependencies, as are also the right TO due
process of law before being deprived of
lie, liberty. or property; the right to
trial by jury; the exemption from being
twice placed in jeopardy for the same Of
fence. and other guarantees which, though
expressed in language of general applica-
ton and without reservation, are now held