The daily journal. (Salem, Or.) 1899-1903, 1900-09-26

March %. 1919. Arbitrary governments
may have territories, and distinct
possessions because arbitrary govern.
men,s msy RULE THEM BY DIFF.
FERENT LAWS and different systems.
I We can DO NO SUCH THING"
Madison said in the Federalis,: "The
object Of the Federal constitution is to
secure the union OF the thirteen states
and 10 add to them such other
states as may arise in their own
bosoms in their neighborhood." Sc
ward said by the constitution Of
the United States THERE ARE no
subjects. Again, by the constitution OF
the United States there are no perma.
nent provinces OF dependencies" Sc.
wards works Vol. 4, p. l67. In the
case Of Loughborough VS.. Blake, John
Marshall, for the United States Su.
preme Court, said Il Cthe United
States) is the name given to our great
Republic, which is composed OF states
and territories. The District Of Column
bia, or the territory west Of Missouri, is
not less within the United States than
Maryland or Pennsylvania, and it is not
less necessary that uniformity in the
imposition OF duties and excises shall
be obsersed in one than the other" In
Murphy vs. Ramsey, ia U. s., the
court says: "The personal and civil
rights Of the inhabitants Of territory,
are secured to them as to other citizens,
by the principles of constitutional lib.
erty, which restrain ALL THE AGEN-
CIEs OF GOVERNMENT, state and
national" Again, Congress cannot
pass law for the government OF ter.
ritory which shall prohibit the free ex-
ercise Of religion. Religious freedom is
guaranteed throughout the United
States. Reynolds We. U. S. ss U. S
li5. Again congress possesses "all the
powers Of the United States, except
such as have been expressly or by i'm.
plication reserved in the prohibitions OF
the constitution"
II will be observed that under this de.
cison, all cases Of doubtful power, must
be taken TO congress, and cannot be ex.
ercised by the President. Mr.. Justice
Curtis in the Dred Scott case, said: IF
then this clause does not contain a
power 10 leglslate, respecting the terrI-
tory, what are the limits Of that power2
To this | answer, that in COMMON
WITH ALL THE OTHER legislative
powers ol cshgress, 1t finds limits in
the EXPRESSED PROHIBITIONS ON
CONGRESS pot TO do certain things
That in the exercise OF legislative power,
congress cannot pass an ex.post facto
law and so IN RESPECT TO EACH
Of the other prohibitions contained in
the constitution"
In Mormon Church vs. U. S. 1876 U.
s., Chief Justice Fuller says: Con
gress il restrained not merely by the
limitations expressed in the constitu.
tion, but ALSO BY THE ABSENCE Of
any grant Of power expressed or i'm.
piled in that instrument.
~ regard it Of 'ital consequence, that
absolute power should NEVER BE
CONCEDED AS BELONGING under
our system Of government, TO ANY
OF ITS DEPARTMENTS"
II then the constitution applies alike
TO ali our territories, and binds equally
every department in the government,
IL. goes with the flag and the
authority Of the United States,
into every territory over which jurisdic.
tion is exercised by the United States.
Mckinley recognized this fact less than
two yeArs ago. when he said that II was
our plain duty 10 grant the inhabitants
OF Porto Rico free trade with the United
States. Senator Edmonds, Of verm ont,
one OF the best constitutional law.
yers in theUnited ates on the 2lst day
Of March, 1900, said:
"The instances in which congress has
declared in statutes organizing ter.
ritories that the constitutions and laws
should be in force there, are no evidence
that they are not already there, for con-
gress and all legislative bodies have
oien made enactments that in effect
merely declared existing law.
Porto Rico and it's people came under
the sovereignty Of the United States
by force Of the treaty with Spain, aud
II any part OF the people Of the island
levied war against the United States,
they would be guilty Of treason. But
treason is an exclusively defined con-
stitutional crime and il cannot exist
on the island unless the constitution
that defined it is in force