The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-03-05
ARE NOT CITIZENS.
Charles T. Magoon Defines U S. Status
in InsuIar Possessions.

New York. March 5.-A special to the
Herald from Washington. D. G., says:
The opinion rendered to the secTe-
tary of war by Charles T. Magoon, law
officer of the division Of insular af-
fairs, on the legal status of the terri
tory and inhabitants of the former
Spanish Islands acquired by the United
States is being very generally used by
senators in the preparation of speeches
on the Porto Rican tariff bill
50 long as the political department
OF this government" Mr.. Magoon as
serts, elects to treat said islands as be-
ing outside of the territorial boundaries
of the United States, the question of
excluding Objectionable persons or
races IS of easy solution. The proSucts
of the territory have no greater rishts
of entry into the United States than
have the inhabitants.
The laws of the United States regu-
lating commerce with that territory
have not been altered Congress has
not changed them, and certainly the ex-
ecutlVe, acting alone, can not do so,
and has not made the attempt to per-
form such unauthorized function. The
laws regulating navigation and coast
trading in the United States have not
been extended over said territory and
can not be without appropriate action
by congress-
Mr.. Magoon states that the inhab-
itants of the islands, not being citizens
of the United States, do not possess the
right of free entry into the United
States. The rights of immigration into
the United States by the inhabitants of
the islands are no more than those of
aliens OF the same race coming from
foreign lands. The Chinese residents
will be excluded under the provisions of
the Chinese exclusion act
THE treaty with SPAIN" the opinion
continues, did not attempt to naturalize
the inhabitants of the islands acquired
by the United States. On the contrary,
it provided that the civil rights and po-
litical status of the inhabitants shall
S7ofc 1sr,1, ~ INrx-5
that they can become citizens only by
a specific act of congress"
Mr.. Magoon says the power to extend
or contract the territorial boundaries OF
the United States is vested in the two
houses of congress, acting with the APP
prevail of the executive, AID is not to be
exercised by the president, either as
chief executive or as COMMANDMENTS
chief of the military forces.
Mr.. Magoon holds that there can be
no question that the territory without
the boundaries of the United States is
not bound mad privileged by our con-
StitutiOn."
Mr.. Magoon believes congress and
the executive must determine whether
the boundaries of the United States
shall be extended to include any or all
of the island of Porto Rico, the Philip
pines and Guam.
Mr.. Magoon denies that the inhabi-
tants of the islands are citizens of the
/ United tSates, though he says they are
| entitled to call upon this government
| to protect them in their rights of prop
/ erty and person, to preserves the public
I peace, maintain law and order and pre-
1 vent encroachmentS upon the territory
! by foreign nations. Co-relatively the
| inhabitants owe allegiance to the SOW
! ereigntv and obedience to the laws
| whereby the sovereignty undertakes to
| discharge the obligator. The sovereignty
and jurisdiction of the United States
/ having attached to the islands, persons
continuing therein are subject to the
| laws put in force therein by the United
! States without regard to their citizen
ship. with such exceptions as are in
/ force in other territory subject to the
| Jurisdiction of the United States.
1T seems ineontrovertible," continues
| Mr.. Magoon, that the unorganized ter
ritory of the United States is not bound
and benefited by the constitution and
laws of the United States until con
gress has made appropriate provisions
therefor. And if congress shall by APP
propriate action, extend the territorial
boundaries of the United States to in
clue the islands acquired by the nation
during the late war with Spain, and
| thereafter continue said islands in the
condition of unorganized territory gov
erned by the sovereign powers of the
nation the exercise of said sovereign
powers will not be directed, limited or
| controlled by the expressed provisions
| of the constitution"