The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-27


Of the United States, subject to complete con-
troll and disposition by congress. Such terri
tory may, II conditions permit and II congress
deems proper, be treated for legislative pur.
poses as rart Of the United States, but 1t does
not in the constitutional sense become a part Of
the United States, which the constitution
ex proprio vigorc extends, until organized as a
state and admitted to the union.
In the noted case Of Fleming vs.. Page % How.
5S3,GlD, Chief Justice Taney says that the
United States ''may demand the cesson Of ter
rtory as the condition of peace, in order TO in.
demnify its citizens for the injuries they have
suffered or to reimburse the government for the
expense OF the war" II territory may be ac-
quired for such purpose, it certainly may be
held under such conditions as may be proper
and necessary to carry the purpose into effect
Territory acquired to indemnify and reimburse
may be held as a possession or as a pledge, With
the reserved power OF disposition and control
suitable to accomplish the desired end. To in
corporate such territory into the union and
make il part of the United States might de-
feat the very object Of the acquisition. Once
there it would have to stay.
The Constitution.
The constitution, while vesting in the presi-
dent and senate treaty.making power, provide
that "This constitution, and the laws Of the
United States which shall be made in pursuance
tncreOf ana all treaties 1naOc OF WnlCn sndIl ne
made, under the authority of the United States,
shall be the supreme law Of the land" (Article
6). The treaty of Paris was made "under the
authority Of the United States" and contains
the terms upon which we acquired these terri.
tories. II is unique in this, that while former
treaties of cession all provided that the civilized
inhabitants Of the ceded territories should ulti.
mutely become citizens Of the United States
this treaty left the determination Of their civil
.rbta o,,I n1, ,pa1p pta 70 LOT mo
refer to a few pertinent provisions.
Spain ceded to the United States Porto Rico,
Guam (Article 2) and the Philippines (Article
81. Spanish subjects, ratives OF the peninsula
residing in such territory, were given one year
from the exchange of ratincations, that is, until
April IL, 1900, to preserve their allegiance to
Spain by making a declaration in a court Of
record. Ir default Of this, they were to be held
to have adopted, not the nationality of the ac.
uirng power, but the nationality of the Ter.
rtory in which they may reside" article o.
Then comes this striking provision:
The civil rights and political status Of the
native inhabitants Of the territories hereby
cedcd to the United States shall be determined
by the congress.
The inhabitants of the territories were to be
'secured in the free exercise of their religion"
(Artice lO), wholly unnecessary provision If
the constitution of the United States extended
territory were to be "subjcct to the jurisdiction
of the courts of the country" not the courts of
the United States pursuant TO the ordinary
laws governing the same presumably the
Spanish or civil law), and were to have the
right to appear and pursue the same course
therein las citizens Of the country to which the
courts belong" (Article ~.
For ten years Spanish ships and merchandise
were to be admitted to the ports of the Philip
t,pio form az
disc of the United States (Article ~; and for
ten years Spanish scientific literary and artis-
tic works were to be admitted free OF duty into
all tn ceded territories (Aricle 1S).
Purpose of Provisions.
The purpose Of these provisions is plain. AL
though under the power and protection of the
United States the territories are to have their
own laws their own courts, their own ports
their own commerce, their own citizenship their
own system Of revenue. separate and distinct
existence under but without the United States
is contemplated. The parties to the reaty both
knew that the location and condition Of these
islands would rot permit their incorporation into
the United States, and the application 10 them
of those laws OF commerce, Of revenue and Of
civil and criminal procedure. which the consu-
tuition requires to be uniform throughout the
United States. They provided, therefore, for
system OF government which should be suited to
local conditions and needs. Are we free TO dis.
regard the plain provisions of the treaty, which
the constitution says shall be the supreme law
of the land? If so, what becomes OF the con.
sent Of the trcaty.making power to the acqu'
stion? Would the president and the senate have
consented to take the territories upon any other
terms?
Certainly the treaty never intended to make
these tropical islands part of the United States
in the constitutional sense, and just as certainly
did it make them part OF the United States IN
the international sense The term "the United
States may mean the territory which governs
or the territory over which the government ex.
tends The former is the constitutional, the lat
ter the international. it may be, legislative
sense In the latter sense, states and territories
all places subject to the jurisdiction OF the ma
tional power, combine to constitute what Chief
Justive Marshall in Louehborough vs. Blake Q5
Wheaton, 3l7, 3lO Qs2O, termed the "Ameri-
can Empire" "Our Great Republic"
'Does this term" said he, referring TO the
Omitted Stats" designate the whole, or any
particular portion of the American empireS
Certainly this question can admit of but one
answer 1t is the name given TO our great re-
public, which is composed Of states and terri
tories" The expression was dictum, unneces'
sary to the decision of the case, for the exclu-
sive power of legislation within the District OF
Columbia vested in congress authority to levy
a direct tax there, which the only question
involved. But il is to be observed that the great
chief Justice was clearly correct in holding that
the taxing power extends throughout the United
States in the international sense, although the
limitations of he constitution apply only
throughout the United States, in the constitu-
tonal sense. What we are concerned with Is
the constitutional sense, for the vital question
is whether tne limitations and prohibitions which
under the constitution apply throughout the
United States opera in our new territories
Established by the People.