The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-07-26

~ anu as tney are tho foundatio
Oh me legislative power. they will decid
what are the proper objects Of Il. Tn
nsture and ends OF legislative power vii
unit we exercise OF It," In Martin vs.
hunter, ! Wheat. 40i, Chief Justice Mar
, shall declared:
Inc government OF the United State
can claim no powers which are no
5 granted to 1t by the constitution, ana tn,
powers actually granted must be such al
are expressly given or given by necess ar,
implication"
J DO these principles comport with tn,
.ssunption tnat the Federal power, a
eNel.eu on ruerto Rico, is outside tn,
constitution? The assertion OF such ,
condition TO body of lawyers must he n,
startling in Its statement as the condi.
tion ltselt would be far-reaching in It's re.
suits. III " were true, the CONSEQUENT e.
must at once stupefy and appall. The Is.
iand would be a colony, dependency a,
province Its inhabitants subject IA IN
arbitrary will of shifting presidents and
congresses. Upon this will, SO arbitrarily
exercised, these inhabitants would have "a
depend for all the safeguards OF human
ueeuonn ana right. which 1t was the care
OF the founders of the Republic Ia pre-
serve immortal in the constitution A
10 them, among other results. the writ OF
haoeas corpus might with itnpunity h,
suspended, bills OF attaiDdsr or ex-post
lacto laws passed, prohibitions made
| against the free exercise of religious
rights. the freedom of speech and Of the
prSss abridged, the right of the neon a
peaceably to assemble and petition the
government for redress of grievances
dehled; soldiers quartered in their house,
Without consent IN the time OF peace, I'M
reasonable searches and seizures made OF
/ sell
required, excessive fines imposed. cruel
| and unusual punishments inflicted and
the great jury bulwarks of liberty ebro.
gated. ~. S. Cons, art 3. sec. g. and
amendments, arts. 1-S) Argument could
not add to the force OF the bare state.
lnent. II any one applicable prohibition
ol the constitution may be defled by
what magic shall the others be preserved
Let US now speak, however, through
me oracles OF law. In the celebrated 10 Q
OF American Insurance Company VS.. Can.
yer, PSt, U. s., Sill, the point for de-
clsion arose upon the validity of a decree
OF the territorial court of Florida. under
which decree David Canter had purchased
certain cotton. The sale was Upheld on
a principis not here subject OF coatro-
relsy, the court holding the decree valid
but, In the course of the opinion. Chief
Justice Marshall deelared
Inc usage of the world is, If a nation
De not entirely subdued, to consider the
holding OF conquered territory as a mere
treaty of peace. If 1t be ceded BY The
treaty, the acquisition is confirmed, and
tne ceded territory becomes part II the
nation TO which 1t is annexed; either on
Vhe terms stipulated in The treaty Of
oesslon, or on such as It's new master
shall impose. on such transfer OF ter
L11l
relations OF the Inhabitants With each
other undergo any change. Their rela-
lions with their former sovereign are dis
solved, and new relations are created pe-
tween them and the government which hasI
acquired their territory The same ACT |
winch transfers their country transfers
the allegiance of those who remain n
IL; and the law which may be Ieno,n,- |
mated political, Is necessarily changed, !
that which regulates The IN !
lercourse and general conduct of lndlvld- !
isls remain in force until altered by the !
newly created power of the State" Seain
lad ceded the territory of Flor ia to The |
United States by treaty OF Februury 2 |
1873, which provided that the inhabitants
.6th aIticle) Shall be incorporated i tho
Union of the United States as so3a as
nay be consistent with the principles of /
the Federal constitution, and admitted
o the enjoyment Of the privileges, rights
ana immunltles of the citizens o, me
United States" After quoting this treaty
provision, the chief justice further cb-
erved:
This treaty is the law of the land ana
ldmits the inhabitants OF Florida 10 tho
Enjoyment OF the privileges, rights AMI
mmunlties OF the citizens of the Unitsi
tates' 1T is unnecessary to inuulre
Shelner this is not their condition, IN
ependent OF stipulation. They do NOT.
,oweyer' participate in political power;
hey do not share in the government. iii
florida shall become a State"
In Fleming VS.. Page, How. U. S. Sol
ed, PSI, the real point ruled was thar
amplco ola not become, from mere mill
airy occupation by conquest during the
leXican war, a part of the Union. Tas
'easons FOR this conclusion were thus
ertlnently declared by Chief Justice
aney: !
The country in question had been con-
uered In war. But the genius and char
cter OF our institutions are peaceful. and
ne power TO declare war was not con- ,
'rreu upon congress for the purpose Of Z
SsTessioh or Acknowledgement, but 10 I
hsoie the general government to vindi- q
ate, by arms If 1t should become neces- (
lry, It's own rights and the rights of it's
uzens. A war, therefore, declared by g
'ngress can never pc presumed to ne c
aged for the purpose of conquest or the ! c
'qulsltlon CT territory. nor does the law t
5clarlng the war imply an authori,. IN L
ne president to enlarge the Limits az e
ne United States by subjueating the e
lemy's country The United States n e
true. may extend its boundaries bv ron.
lest or treaty. and may demand the ces-
on OF territory as the condition of neace a
order to indemnify It's citizens far rho
1urles they have suffered. or "a no
'ourse the government for the exnense. q
the war. But this can be done onlv hv n
e treaty making power or the Ieeiara ~
We authority, and is not n psrt ~ M n
over conferred upon the president hy n
e declaration of war. His duty ana bio ID
lwer are purelr military" Il
In the great case CT Scott VS. santor. o
How, U. S. 1913. 1 ed. 71S-7io ~ K
cts OF which case are known NJ a siu0 s
10 court had occasion to consider C
ne branch OF the case. the powers of Tho N
ederai government, under the con s.itnS S
on, as to territory acquired ont; a al
lie original limits OF the United STATE, - ci
10, speaking through Chief Justice Tar " /!
solare6 the United States pl,ainly had al
'wer to extend its territory, to Ne held Of
# admis sion to atehood ami r.rartime pt
)VerDed by congress acting WI 4, ~. !,