Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-05-14
JUDGE LocHREN,s STUMP
SPEECH.
INem. Ynrk ,rnil1,,1,e

SPEECH
New York Tribune.l
Judge Lochien, the last democratic
commissioner OF pensions, has come to
the assistance Of his party With a cams
paign document which Will doubtless be
much appreciated by its orators and
platform makers. They will find 1t use
ful TO quote an alleged judicial deter.
mination of the unconstltutionality of.
the republican policy in the new posses.
sions. What they will quote. however,
is in no respect a Judicial determination.
but a stump speech from the bench. 1t
Is impossible fifty 10 characterize by any
other term deiiverance of caichwords
and can't phrases about "satrapies,
foreign absoutism, worst form of
tyranny, attached to a decision on a
case which did notSinvolvs the consti-
tutioHal point about which the judge
airs his opinion. Tho point before Judge
Lechren Was the rights under the con-
siitution Of Porto Rlcan before the
ratiiications of the treaty of Paris had
inan had no rights under it. and then
quite gratuitously proceeded to&deliver
a lecture on the status of territory af-
giving his Views of arguments made in
THE senate while the Porto Rican bill
Mas under debate. Judge Loclren is an
able man. his opinions are interesting,
and he would do brilliant work as a
Mriterof democratic platforms. but just
What his answers N senators and his
phrases about the revolution and Presi-
dent Lincoln have TO do@in decision
merely sustaining the acts OF a court
in war time Is not apparent.
The principal point of Judge l4och-
ren's campaign document is summed up
i'll the sentences: 1T is clear that the
general government can not cgislate
over territory where the constitution
from which its every power Is derived
does not extend The constitution
must he in force over u territory before
TIE general government can have any
'authority 10 iegisate respecting 1t. !"
This. we think. viii b. something of a
surprise 10 congress, which for a CEN
tsliy has been exercising legislative au
thority iE places whcr. the constitution
Was not i'll force. and the supreme court,
&hich has steadily been unfolding such
exercise of power. The ether day we
referred on this point TO the courts sus-
tanning a murder conviction by our rep
iesentatiNes abroad Without Jury trial
under an act of congress. That was a
case of the exercise of legislative au.
thoriiS Where the constitution does not
sxtend. Congress has also legislated
concerning the guanos Islands '.apper-
tanning TO the United States" and the
supreme court has sustained such legis-
lation. The constitution mas no extra
territorial force. according TO the SUI
pieirlei court, but congress has extra-
territorial authority. ] / has exercised 1t
not merely in the cases cited, but also
concerning Samoa, where the United
States has long had sovereign rights.
and il has exercised 1t over Cuba. The
president ia today administering the
government of Cuba under the authoti-
~ Of congress Which directed him TO in
tervene and paeifv the island and if
congress sees fiji at amy time to enter In
10 more epscific erection of our ruie
There it undoubtedly has the power TO do
go Yet probably sven Judge Iochre,
would not dissent from the decision OF
Judge I.acombe. just handed down. tina,
Cuba is not q par, Of the United states
and that its citizens can sue as foreign.
- ? III tti courts ioul4IL ~. li'lN Is ~
that congress may not legislate respect
ling territory unless the constitution
previously extends overit
Judge Lochrcn thinks the thirteenth
amendment. abolishing slavery. has III
lSiders extension than any other part d
the constitution. Why then, did IL.
makers say THE United States or an,
isss.plgce subject 10 their jurisdiction
Passing over the probability that the,
meant to Include beyond all doubt tn
territories. concerning Demonstration.
al rights Of Which there had been a hal
i3renturgis dispute between Webster am
! lSenlon on Tbs one hand and Calhoun
land his friends ON the other that phras,
/ was clearly meant 10 include the higl
|sseas. legations and other extra territor
3ial holdings in foreign lands, and maxi
4 slavery Impossible anywhere III. tn
worid where the United States had jur
iSiiction. As the supreme court says. !
/ can have no operation In another coun
i try. An American citizen can be con
4 demned without jury trial in the Amer
4 lean consulate ut Yokohama, but gu
consul could not hold slaves there. Hon
Sridiculous, then. for this judge in hi
stump speech to say: IF ii be consld
4 erred that this clause OF the thirteent
4 amendment ex propria yigore extend
TO these new territories, or limits tn
powers of congress respecting then
A every clause Of that instrument. TO
the like reason. is equally potcnt!"
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