The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-28
CONSTITUTIONAL tlN
AHO EXPANSION POLICY
FIRST OF A SERIES OF AR1I-
Giles ON AN INTEREST
ING SUBJECT.
Chief Questions Involved Discuss i
From the Standpoint of Law
aSd History-A Care
ful Study.
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Mr. Tsaas L5.s STRAINS has prrparsj -
FeeisIiy feE the 6nn .xtes of article
upon the chief questions % CONSTITUTIONS
a. growing out Of the policy oi "a s'u
sson. upon which the adminisration 0
The United stsx has receaiA entered
Mr. Strau-' authorship is a sufscien
guarantee OF the ability and learning wI;l
which these imporsaSt subjects are dis
/ cussei The frss Of the articles is pub
lished below
1 IL Is assumed. b. The present admins
I tratton Of the United States, as the has
Of itr policy Of colonial expansion. that i
/ II competent fox The federal EouSna eli,
{ through congress To held aIpd rule sub
/ iect dspendeueias frae frou the limits
tons of the ConstiNtion-
If this assumption csnnat he main
I talRea, If he fsdssal constitution forbid,
/ the Colonial system and it's provision.
protec, the territories INTENDED to he gov
/ erned as vassal provinces. the imperi.
career Gpon which the country has beet
lately launched must end.
The subject presents the following que,
Sicns wt.Nh will Be discussed In this dr
tide and those which are 10 soiloy;
! J Whether the Constitution OF ths
/ United States enplS,eEs the general gov
ernment TO hold and govern colonies:
:. Whether the Constitutions sxtsads Of
hts own force into TERRITORY acquired by
! the union aud limits the powers OF corr
grcss over such TERRITORY?
8. Whether the native INHABITANTS o:
acquired territory who remain therein,
subseet Co the jurisdiction OF the United
States. are citizens of the lAtterJ
l. Wha1her the president and senate
may BY treaty vest "a congress dominion
over annexed territory and its inhabitants
free fEom the operation of the Constitu-
| ton?
If the question of the right OF the fed
erai government to hold eokoa5es be oon-
sidered historically IL is at once eViden,
that the Distinguishing events o. Ameri
can history indicate the hostility deeply
inveterated IN the sentiments and iust-
tutions of tlie American people 70 the CO.
lonial system and the legal presensions
upon which it rest. The Revolution it
self was nothing more or hess than
an uprising against the colonial pol
icy. which CHANGED to concentrate up
on question OF taxation. The
Declaration Of Independence was a
denial of the lawfulness of that
policy. and the MaDroe doctrine. conceived
by Jefferson. approved by Madison. pro-
mulgstsd by aIonroe and Quincy Adams
and detenJsd at the time by Calhoun,
Clay and Webster, Yas mainly an anti
aaon'zing uGnifesto-ap echo Of the cen
cral principle of the Revolution which in
mt very respect has been desffsEsly az
hered TO- Oh, many tBterestins occasions
since irs announcement. Bot. however
ialportant the aids Of history in elucidat-
ng the subject, the latter will be treated
IN the ensuing discussion in more strict
iy legal aspect.
The opinion of Chief Justice Tansy IN
the ease of Scott VS.. Sanford that the
federal government has no authority TO
maintain colonies, governing their inhabi-
tants with discretionary power, rests upon
the Fundamental tenet Of constitutional
law that all the powers Of the federal gov
eminent are limited b5 the purposes and
objects OF the Constitution, which are TO
he gathered from the spirit structure,
principles and provisions Of that inssru
laenk This is by 10 rneans a Canon az
strict construction Ii is the method of
Interpretation employed by Alexander
Hamilton Works. Vol. ", sp. i13, IA.
10y Chief Justice Jag Writings and Cor
resp. Vol. III. p. 800. 456), by Chief
Justice Marshall II Wheat. 3o4. 325: ,
Brock. 96, 100: writinss. 1889. PIP.
:2,.::;,2t;l anil by Daniel Webster Works.
Vol. III. 10. 334. $50: ~. p. 8; vi.
s.2,-c4: V Pr. $50 5STl. Prom tbs
iarsiop Of .ha Constitution. In i1sS, IN
II The. sGa.-an OF 1898 tie correctness Of
ti-is rule q construction wss meyer Qiies
ton or denied.
Reasoning. then. from the sources OF
lie Consultation referred to. Chief J assiee
rarey concluded that the purpose fos
wta.h the Constitution enabled the gen.
..rai savernn1ans 10 acquire territory vas
u ultimate esiInissian ~ state into the
union. Ills op:,,ien in this Hspeei Is en-
lir-Iy Sustained ~ prior and subsequent
,iscisiorss of the supreme court and by the
virtually unsniEnoes opinions u the great
Statesmen os the republic. CHEZ justice
Fancy sid;
There IL certainly no power given by
lhe Constitution TO The federal govern
nsaut 10 establish or maintsaH colonies
ordering on the Iaifed States or az
distance. 10 he rnied or governed at its
ewn pleasure. 49, No power Is
given TO acquire TERRITORY TO BE- held
aud governed pernsnsasIy IL that chat
aster. The rcsss to exDsnd
ehe tersstpry % tha Unisk4 eSAr@ h plain
! <i-sn sri in the coasksaa<san OF this
a.wer by ali the depsStnssrcs Of the gov
sys7~ses.t Il Ias keen bsid 10 aashoEizc the
* sais.s:cu cf serrircry no, at FOR adnis-