The Pacific commercial advertiser., 1900-10-19


possessing vitality power directly that
instrument only and legsate constitution
IS IN force and that every Of territory that under
the sovereignty of the United necessarily under that
constitution which alone gives fe that sovereignty and be-
yond which the sovereignty must cease ET pdite Ot lOO
f. 961.
The first amendments the constitution of the United
States have been called the Federal Bill of Rights Robertson
Badscin u s. 275 And well understood of
these amendments adopted principles
to declare and define rights but intended for
ward and ream the rights and privileges of feemen well
known and understood by the people who adopted them and
whose had great sacrifice forced their acknowledge
ment from the hand of unlimited power
"Ihe Bill of Rights historically considered the most inter-
estng part of these constitutions for it the legitimate child
and of Magma Cha and of those other declar
nons and enactmen down the Bill of Rights of the Act OF
William Mary Session q by which the liberties of Eng
Ehmen Most of the thirteen colonies when
they asserted their independence and framed their constitution
inserted declaration of the fundamental rights of the people,
and the example then has been followed by the states
and indeed by the states generally in their most recent cons
tons"
"a may be found in the remarkable constitu
tona conservatism of the Americans and their fondness for the
enuncaton of the general maxms of political freedom
'They therefore, it held, still safeguards against
tyranny and they the purpose of soemnly reminding
state legislature and its officers of principles
which they ought overstep Bryce The Amer CON-
(2nd Ed. 1s91) vol. /, PIP. 1928.
Mr.. Justice Cooley says "The truth is the Bill of Rights
the American constitutions have been drafted for the intro
ducon of law but to old principles against abroga
ton violation They conservatory instruments rather than
rcfomatoy and they that the existing principles of the
law ample for the protection of individual rights
when Incorporated in the fundamental law and thus
cured against violation" Wemer Bmnbnry 80 Mich 214
Mr. Justice Matthews speaking for the Court ad In this
country written constitutions deemed essential to protect
the rights and liberties of the people the encroachments
of delegated their Governments and the provisions of
Magma Charta were incorporated into Bills of Rights.
These limitations npon all the pooers of Government
Legislative, eU erecutire and judicial" Htado Cal
fornia, 40 q. S. pp 5319
Hon. George F. Edmunds who justly regarded as of
the greatest living expounders of the constitution sad But
the constitution such suppose all admit subject the
control of Congress- either enlarge diminish extend
contract be applied withdrawn from any people or
place 1t not movable thing like the Ark of the
OF the lsraee be and moved here there the
tribes might wander 1t is the condition
not the legislative erecufire oiH that ms the nature of
things, determine the status of a country pnder it,
The instances in which Congress has declared in statutes
organizing territories that the constitution should
force there evidence that the constitution and
not already there for Congress and all legislative
cften made enactmens that in effect merely declared existing
law In such cases they declare preexsing truth
doubts Of casusts."
Letter Senator Proctor dated March 21s 19OO pub
shed IN Congressional Record March 30th 1900 1881
We cannot assent to the doctrine that the of the
constitution in the territories belonging the United States de-
Pends upon the will or action of Congress extending there
This doctrine necessarily with the that what
one Congress give the succeeding Congress
take away that although Congress by the Organic Act organic
ing the Territory OF Hawaii extended the constitution
ct the United States this Territory, the Congress might
repeal that part of the Organic Act and that then people
tins Territory would have of the guarantees of e liberty
and property provided in the constitution and might thereafter
be governed province Crown colony any that
congress In Its WISDOM unwisdom might provide that
tariff might be levied the products of the islands going into
the states and citizens of this territory be denied the rights
and privileges OF citizens of the United States residing in other
parts of its imperial domain
From the above citation of authorities reach the con-
cuslon that those negative provisions of the constitution adopt
ca to declare and protect the fe liberty and property the
citizens were in force in the Hawaiian Islands as the
same became Of the United territory and subject to
the sovereign dominion thereof 1t necessary to
oece e case at bar to opinion whether the
constitution r PopiO rgoe and whole extends to and is
IN force all territory subject to the sovereignty the United
States clear and well settled that some of the provisions
ne constitution do not apply the whether there
Act OF Congress expressly extending there or not for
ne reason that they are totally nappcable the conditions
e IN tne territories However, the abe and
advocates of the unlimited power of Congress to epsate for
he territories unrestricted by the provisions the constitution
frankly admit that those negative provisions of the constitution
inserted protect the life and property citizen are in force
the territories and far limitation on the power of Con
gress in legislating for the territories.
ha oIctso