The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-05-08
I EOCHREN'S POWERFUL
PORTO RlCAN DECISION.
federal Judges Reasons for Holding That Constitution fx
tends to the siand"foregn Absoutism
Tyranny's Worst Form"

REPJ E..IC SPI. 'IAI-
81. Paul. Mimi. MAY Judge Loch:en
today fl-d in the United States Circuit
! Court his decision on the application q
| Rafael Ortiz. Porto Rican u be released
frcm Minnesota State Prison. Ortiz was
convicted by Il military tribunal IN por:o
Rico for the murder Of United States SOL
dier and condemned to die. The sent"nHe
was CommUi.d to life imprisonment. The
application for release WAS based on TIE
claim that the military authorities had no
jurisdiction over ortiz. that peace had been
declared and that he should have had u
civil trial.
Judge Lochren. in refusing the appica-
tion. goes into the whole question of the
Constitution at great length the following
| being quotations from his opinion:
Our general Government was founded by
the men of the Revolution. who had
beilcd against arbitrary power asserted by
Great Britain to govern her outlying col
onies at the will of her Parliament. They
established this Governmeu, upon the
serted theory that all just powers of Gov
eminent come from the cInseu; Of the gov
ernei. They founded. described by
President Lincoln in language not yet for
gotten. Il Government of the people. Icy the
people. for the people. 1t will be indeed
marvellous IL it is made To- appear that
these men who then founded our National
Government 50 constructed it that it is cap
able of ruling with unlimited power sub
iect people WHO have neither guarantees
to protect them nor any vrc. in the gov
ernment This i; foreign absnlutism. the
worst form of tyranny.
ConErcsss Powers.
.'If the Constitution does not extend to
Porto Rico aud our other new acquisitions
Of territory. Congress has the Untraiafnel"d,
absolute power TO establish subject Govern
rrcrt or make laws for such territories. 1t
has the power to establish dependent
monarchies or satrapics. stat" religions and
even slavery.
The argument ot one Of tho senators
that the last clause. nf tn" Ihirt cHth
Amendment prevents tn. establish Of
slavery Is obviously lam. and irnpotent. for
if the Constitution does rot extend to those
parts Of the domain ui the United States
ior limit Congress IL its powers of iyE!s-
lation over them, Icy what process VIII TINS
single clause Of an amendment ~ that in
strumcnt dc;aCh itself from the Skin OF the
uarchmert and alone fasieu its If upon
these new territories? II it he considered
that this clause of the Thirteenth Amend
nient ~ propiia viE"re. extends Ia thtse
new territories. or limits IN" powers 'I
congress rsSfGbNti y tilt ~. 'Nt''s 'i'iHT' "
,ha; Instrument for IN. Hike reason Is quail
~ no,.nt. To say that a clause in the Com
--irurion does not extend to a territory. but
does limit power of Congress IN leSlsiaslnS
for that territory is tu draw a distinction
too fine To be practical.
An !mpotcnt Argument
."rhc argument. much repeated that II
the national Government of the United
states has rot the power 10 deal "ith these
uev, territories untrammeied by the 'ohsti-
.ution. its power is less than that possessed
~ ,bn other governments OF the civilized
world. is admitted. 1t proves nothing. me
national Government Of the lnitei states
is one of very limited powers. IN reSp'ct
10 its own people. in its entlie u"hlaih' anu
generally, except in respect to us power tn
Jaal with foreign nations, ana concerning
,ra,tnrs EXPRESSLY committed to II by the
Copstitu,ion Its powers are much less than
,ha, possessed by other Governments No
one will dispute this
..Th. national Government Of the United
States was created ard its powers ard 1i'is-
d;ctton granted and limited by the r. RAJ
Constitution. Its powers can only he m
creased by amendment Of that instrument
The power OF the general Government To
ACQUIRE additional territory rests upon rs
constitutional power to make war, which
may result in conquest, and its like power
To make treaties. which may brinS territory
bv cessior. The power 10 govern such ac-
uuir.d territories results from the power %
admit new States and to make all needful
rules and regulations respecting the terri
| tory other property belonging 10 the
United States.
This clause authorizes Congress to legis-
| late in respect to a territory In local
well as national matters. before its admis-
| sion to Statehood in the Union
"A Novel Doctrine
| The novel doctrine that the power OF
| Congress to govern territory ceded To the
| United States may be confessed by for
| e!gn sovereign by and through the terms
| of the treaty of cession, and that the gen
| cral Government can exercise powers mus
granted by foreign sovereign. independ-
| ent of and in disregard OF the Constitu-
) ton. until Congress. mayhap. liz the future
| by its enactment, see fit 10 extend the Con-
stitution over the territory, Is contrary to
the holding of the Supreme Court of the
| United States, 10 the effect that the general
Government is one of enumerated powers,
ana can claim and exercise no power not
granted to IL by the Constitution. either .x-
pressiy or by necessary implication. 1t Is
! clear that the general Government cannot
legislate over territory where the Constitu-
| ton from which its veiy power is derived
does not extend.
THE Constitution must be in force over
| a Territory before the general Government.
! can have any authority TO lcSislate respect