The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-08
WORST FORM OF TYRANNY.
GOVERNMENT OUTSIDE OF THE
CONSTITUTION.


Judge Lochren Says the Constitution
Extends to Porto Rico Eek Proprio
VigoPe-Power of General Govern
ment Rests ON and Is Limited by
the OBSERVATION-DISCLOSURES Cannot
Legislate Outside of It-Decision in
Case of Rafael Ortiz.
st. Paul, Mimi, May Judge Lochren
to-day filed in the United States Circuit
Court his decision on the application of
Rafael Ortiz, Porto Rican. to be releas-
ed from the Minnesota state prison.
Ortiz was convicted by military tri-
bunal in Porto Rico for the murder of
United States soldier. and condemned 90
die. The sentence was commuted to life
imprisonment
The application for release was based
on the claim that the military authorities
had no jurisdiction over Ortiz; that peace
had been declared, and that he should
have had a civil trial.
Judge Lochren refused the application
in an oral decision Thursday last, and to-
day filed an exhaustive opinion thereupon.
The decision bears largely on constitu-
tional questions which have arisen on
the position of Porto Rico as a territory
of the United States. The decision
states:
1t Would BE Tyranny.
''It will be indeed marvellous If il is
made TO appear that the men who found
ed our national government so construct
ed it that it is capable of ruling with
unlimited power a subject people who
have neither guarantees 20 protect them
nor any voice in the government. This
is foreign absolutism-the worst form of
tyranny.
IF the constitution does not extend TO
Porto Rico and our other new acquisitions
of territory, Congress has the untram-
meled absolute power to establish sub
ject governments or make laws for such
territories; it has the power to establish
dependent monarchies or satrapes, state
religions and even slavery. To say that
a clause in the constitution does not
tend to a territory, but does limit the
power of Congress in legiSlating for the
territory, is to draw a distinction too fine
to be practical.
THE national government of the United
States is one of very limited powers. In
respect to it's own people, in its entire do
main, and generally, except in respect to
its power to deal with foreign nations
and concerning matters expressly COM
mitted to it by the constitution, its pow
ers are much less than those possessed
by other governments. No one will dis
pute this.
",The government of the United States
was created and its powers and jurisdic-
ton granted and limited by the federal
constitution. Its powers can only be in
creased of that instrument.
Rests on Constitution.
"The power of the general government
to acquire additional territory rests upon
its constitutional power to make war,
which may result in conquest, and it's like
power 10 make treat les, which may bring
territories by cession. The power to gov
ern such acquired territories results from
the power to admit new states and to
make all needful rules and regulations
respecting the territory or other property
belonging 10 the United States.
This clause authorizes Congress to
lesislate in respect TO a territory in local
as well as national matters before its ad-
mission to statehood into the Union.
The novel doctrine that the power of
Congress to govern territory ceded to the
United States may be confesse1Nby a for
eign sovereign, by. and through the treaty
OF concession, and that the general gov
ernment can exercise powers thus grant
ed by foreign sovereign
independents of and TO the disregard
OF the constitution, until Congress. may
hap in future shall by Its enactment see
fit to extend the constitution over the ter
rltory, is contrary to the holding of the
Supreme Court of the United States, to
the effect that the general government is
one of enumerated powers, and can claim
and exercise no power not granted to 1t
py the constitution, either expressly or by
necessary implication. It is clear that
the genral government cannot legfslate
over territory where the constitution from
which it's every power is derived does not
extend The constitution must be in
force over a territory before the general
government can have any authority to
leslslate respecting it. No foreign SOW
ereigh can invest the general government
with any legislative power''
Many Decisions Cited.
Numerous decisions are cited in support
OF his opinion, and he continues:
1t must be held that upon the cession
by spain to the United States of the is
land of Porto Rico, that island became
part of the dominion of the United
states, as much SO as is Arizona or Min
Lesota and that the constitution Of the
Cnited States, ex proprio vigore, at once
extended over that island; and that this
extension of the constitution gave Con-
sLess' whose every power must come from
9,Let instrument, the authority to legis-
Iste In respect to that island a part
a. follows that all provisions of
the constitution in respect to personal and
property rights, including the right to
trlal by jury in criminal prosecution be-
t talne at once when the cession was con-
'Shplated, a part of the supreme law Of
'he land. The character of an offense
hua the nature Of its punishment would
oe determined by the law In force where
ana when the act was committed and laws
ol that character remain in force after
we cession until changed; but the man
er Oh trial must depend on the law in
orce when the trial is had, even though
.ne establishment and organization Of
courts must be awaited before the trial
can be had"
Inc decision states that military law
,neing the sole authority, the acts of mil
Haiy court were entirely legal and the
peullon for a writ OF habeas eorpus was