The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-07

great guarantees and limitations of the
Constitution IS well as its other suit
able provisions. apply TO the territories
of the union, however acquired Some
OF the expressions of Daniel Webster fur
nish an exception 10 these generally
unaniqlous views IL is nevertheless clear
that Mr. Wetsster's position in this re-
gard differed widely and radically from
that Of the administration as announced
by Mr.. Mckinley. Secretary Root and
Senator Platt .,ir Webster held. first.
thar the dominion of congress over the
territory was temporary and limited by
the Constitutional design of ultimate
statehood. and that accordingly the Con
stitution forbade the holding of Deepen
denotes or colonies: and. second. that the
power of congress over the territories
was limited by the fundamental inhi-
billions contained in she amendments TO
the Constitution. This viii plainly ap-
pear hereinafter when the views of Mr.
Webster are given in full.
Moreover. Mr. Webster maintained
consistently from the beginning to the
end of his great career. and oftentimes
with the utmost vehemence, that the fed
eral government had no constitutional au-
thority To acquire by conquest, purchase
or otherwise any territory in addition to
the domain belonging TO the union when
the Constitution was adopted. His opin-
ions to that effect. with reference to his
published writings. are given in the ar
ticles written by me for the Sun and pub
lished therein during January. 1899.
II was distinctive doctrine of Mr.
Jefferson's rules for interpreting the Con
stitution that where that instrument
grants power 10 the president or congress
even IN absolute terms, the grant is new
trtheless limited by the general designs
as well as by pertinent special provisions
and prohibitions of the Constitution. He
took extreme grounds in this respect
with reference TO the treaty making
power. He held the alien and sedition
laws TO be unconstitutional upon the
same rule of construction, and he assert
ed generally in the famous Kentucky reso-
lutions-
That words meant by that instrument
tthe Constitution to be subsidiary only
TO the execution of the limited powers
ought not TO be construed as themselves
to give unlimited powers. nor part so
TO be taken as to destroy the whole resi-
due of the instrument
The same document significantly de- |
clares:
THAT it would be dangerous de- |
fusion were confidence in the men of our |
choice TO silence our fears for the safety |
of our rights: that confidence is every
where the parent of despotism free gov
eminent is founded in jealousy and not !
in confidence. 1t is jealousy and not |
confidence which prescribes limited con-
situations to bind down those whom we
are obliged to trust with power; that |
our Constitution has accordingly fixed |
the limits to which and no further our |
confidence may go. In cues
tons of power. then. let no more be |
heard of confidence in man. but bind him |
down from mischief by the columns of |
the Constitution"
Anticipating the opinion of the ma
jority of the supreme court in the bred |
Scott case. Mr.. Madison wrote to Presi-
dent Monroe in February. 1920. regarding
the clause of the Missouri Compromise |
act of that year, which prohibited slavery |
from territory north of latitude So so :
Il have always leaned TO the belief that /
the restriction was not within the true
scope of the Constitution.
tMadison's Writings. Vol. I'LL. p. 1eS.) |
John Quincy Adams considered the
power of congress over the territories as
derived entirely from the Constitution
and as limited by its objects and pro-
visions. In reference to the views which |
be expressed as secretary of state to Mr..
Monroe regarding the second clause Of
Section ) of Article " of that instru-
ment. he wrote in his diary.
As to the force of the term needfal.
observed it was relative and must al
ways he supposed to have reference TO
some end. Neesiful 10 what end. Need
fgl in the Constitution of the United
states to any of the ends for which that
compact was formed? Those ends are de-
,sarei in the preamble 10 establish JUS
ice. for example. What can be more
aeedfnl for the establishment of justice
han the Introduction of slavery where il
hoes not exist:" memoirs of John Quin-
y Adams. Vol. V. D. 66-,
The celebrated argument of William
pinkney. delivered in the senate in 1870.
m the Missouri Compromise act. shows
hat be considered that the Constitution
United the power of congress over the
a~cts resting upon thar assumption. Il
Judge fancy regarded that speech as the
Ibless constitutional argument ever de
syeIed in congress. and il imposition
lhiy influenced his views upon the reis-
ion of congress under the Constitution
o the territories tSee Wheason's Pink
hey and Bishop Pinkney's Life of Pink
.er. the speech being given in both vol
Iuesi 1,
George Tiehnar Curtis also held thst
he limitations OF the Constitution ap-
lied TO the territories and restricted dc
.owers of congress over the latter. In hrs
History of the Constitution Of the Unit
Il States be wrote:
Il have Recently had ocrasion ~.fes-
sonalls 10 maintain that the ferrit,risl
lause Is applicable TO all territorial ces-
ions made to the United States. whether
.v sfasss az rhe union or By forpisn sates. 3