The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1900-04-18
ARTHUR ROPES. General Editor
A Little History.


AT all events there is not much in cur
rent politics that is new. When SEN
ator Ross promulgated the doctrine
that the Constitution applies to the |
new possessions of the United States
only 80 fast and far as Congress, under
the Constitution, legislates for the new
territories, this was generally hailed as
a new Interpretation of national Or
ganic law. Political students began to
explain that this non.extension doc
trine, in practice, is as old as the nation;
that whenever the question has been
raised in debate, as during slavery
times, the automatic extension idea
has been exploded, and that in theory
as we'll as practice to Congress has
been given the right to govern the ter
ritories according to it's will.
In the matter of the recent legisla-
ton for the government of Porto Rico
history is simply repeating itself Prac-
tically, the story of the recent action of
Congress in the case of this island is
the story also of what Congress did
with Florida in the days of its terri
torial probation. For the sake of re-
freshing the memory of people the
Brooklyn Eagle summarizes the events
attending the transfer of Florida from
Spanish to United States sovereignty,
and, for similar purpose the Eagles
summary is herewith -eproduced:
The treaty OF cession was ratified in 1921
and it guaranteed the religious and the
property rights OF the people and it provid-
ed that the territory should ultimately be-
come a State. The bill provided for tenn
porsry government conferred on the gov
ernor, to be appointed by the President,
practically all the powers formerly exer-
csed by the Spanish governor. An attempt
was made to amend the bill 80 as to provide
that he should exercise only those powers
which were not incompatible with the Con-
stitution. This amendment was voted
down without division and the original
provision adopted, also without division.
This was time when the sovereignty of
the United States over the territory was in
the same state as their sovereignty over
Porto Rico. Andrew jackson was appoint
ed as the first governor OF Florida and he
proceeded to exercise the powers of his
Spanish predecessor. In the latter part of
1921 there arose dispute between Jackson
and Judge Fremontin over the writ Of
habeas corpus.
A Spanish official had bsen put in prison
and an attempt was made to release him by
no Of tba t.
mon law, the Constitution of the United
States, his commission as a territorial Judge
and the act of Congress of 1889 authorizing
all United States courts to issue this remed-
ial writ. Governor Jackson told the Judge
that neither the Constitution nor the fed
eral laws applied in the territory, and that
the Congress had passed only two laws, one
for the collection OF revenue and the other
for the prevention of the importation of
slaves, and these were the only acts which
the ldge could enforce. When the docu-
ments in the case were submitted to the
Congress, after Governor Jackson's action
had been called in question, it was pro-
posed that they be referred to the Com
mittee on Foreign Affairs! Another sug-
gestion was made that part of them go to
mainder should 60 to the other body; but
the whole thing was finally settled by Icy.
ing the whole thing on the table! Govern.
or Jackson was sustained in his position
by the President, and John Quincy Adams
the Secretary of State, informed Judge
Fromentin that only the revenue and slave
trade laws had been extended to Florida
and were the only ones which he, as q
United States judge, was to execute.
When the permanent territorial govern
ment for the new territory was provided by
the act Of 1922 the situation was not changed
very much. The act authorized the ap
pointment OF governor and an executive
council by the President and required thai
all laws passed should be approved in
Washington before they became effective
and this too, in a territory to which future
statehood was guaranteed by the treaty o.
cesson. II we have imperialism and the
pro-consular idea today in the government
OF Porto Rico, we had it in 1922 in the gov
eminent OF Florida by the deliberate de
cree of the Congress, before there were any
such things as trusts or "sugar barons'
Or tobacco barons" and when the author
ity of a king had been superseded by tina
OF the people for less than fifty years.
To the Eagles precedent may be
added others from the beginning oil
the Republic. The territorial COVER n
ment framed for the Northwestern
Territory was the embodiment of tn,
same sort of "Cesarism" the lurit
critics of the Porto Rican bill profes
TO see in that measure. So were tn
acts of Congress for the government
OF the Louisiana Territory under tina
incarnation of "C@sarism," Thoma
Jefferson. Again when Missouri wa
organized as territory the local gov
eminent was constituted on this sim
perialistlc," "Cesaric," "autocratic