The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-07
CONSTITUTIONAL LIW
AND EXPANSION POLICY
.COuaBoed from Third Pase-I

the I atfee SfafesF DO tie latter to$s
their character as cifizess Of the United
States by esnigrzfiBg from the states Of
their nativity into the territories - &C.
CURED. and because 50 acquired being 9
5arfioz q fke UhiioS States. Let "a par-
sue this for = moment and ~ what is
the consequence Of bolding that they
are DOT 10 - governed as cisizens and IN
der al the Limitations and guards Of the
Constitution. Certain things arr pro-
hibi;ed ~ the Constitution The cOnven-
fiou which framed the Constitution
thought that the freedom. happiness and
security q the people q the United States
were 70 D. a. eTectuaiIy promoted By the
limitations upon the powers Of the gov
eminent which IL imposed as by powers
which IL conferred. They considered
that there Were certain powers which the
government Of free people should not
y-ss@ess. and therefore they Incorporated
certain Limitations ia the Constitution
if-elf The people o. the United States
are governed In the exercise Of no anlim-
tied authority reposed in congress- For
example. the Constitution says that ell
duties. imTos,s and excuses shall BE- uni
form that naturalization and bankruptcy
laws shall b. uniform that the privilege
os the writ % kabcos oorpss shall not be
suspended. etc that 20 bin Of attainder
or ~ post focto law shall be- passed. no
tai or duty shall be- laid on articles ex-
ported from any state. etc. no title of
nobility shall ~ granted: no general
saar.h warrants shall be allowed private
property shall not be taken except for
public use. and then only upon full com
pensniiuu no law respecting the estab-
lishmsn, Of religion shall be passed. etc
etc.
ny. Pr,sidcHi. arc moi oil these protec-
hons % sfadi0HsIv prorided applicable TO
ihc territory and The people Of the terri
tori Of IN, Tinted SfGfcsg II they are
and rho triH BE- bold enough TO dcHy
ug--t s. only on the ground that the
Consiifnii0n Of The UHifod States corers
thc Territories. They rest upon that foHH
datioH or they haze none The argument
81 the senator from Massachusetts was
that YOU were to administer a government
Ia these acquired territories out of the
Constitution aud by virtue Of power not
In the Constitution. but that in doing so
you should observe the fundamental max
inns 81 the Constitution. That is not the
question. The question is whether under
the Constitution Of the United States
they tcongressl are not bound to govern
such territories and the people in them
under aud 10y virtue of the provisions of
the Constitution, for the purpose of secur
INK 10 them ali the benefits of the Consti-
tuition. as well in the power it vests in az
iu the restrictions it imposes on congress.
This becomes all the more manifest when
We consider that the power of the gov
rrument Of the United States over these
territories is one that looks to its termi
nation. II is temporary and was so de-
signed. II is exercised with view to an
end and what end: The Incorporation
of the territories as states into the union
and. Of course all their inhabitants as
citizens OF the United States. How do
they come in? Is frcemeH for the first
fiNcg L. that tchich is an ofcnse ,chcn
committed By me no ofeHsc trhoa com
mifsci BY thcnr Can they BE- dcbaued
from any Of the pririlcgcs ichich the Con-
secures 10 me a. a protection 10 |
ny RIGHTS Of person and property They |
are certainly not made frccmcH By being |
brought into the union they are frecmeR !
before. oHd they arc frccmeH, too. only |
end under and by rirtae Of thc CoHsfiis-
fion. There must be some limitation. |
then. to the power to govern them whilst
in a territorial state" 90 Cong. Globe,
aOOl.l
Mr. Calhoun likewise held that the
power Of congress over the territories |
WAS derived from the right TO acquire
them under the war and treaty making |
powers Delegated in the Constitution. and
was limited in duration and extent by
that instrument. He said in the senate
Assuming. then. that we possess the |
rower the only questions that remain are
whence h is derived and what is it's eS-
t,nty As to it's origin. concur in the
opinion expressed by Chief Justice Mar
shall in one Of the CASES read by the sen
aior from New York INSURANCE Co. VS.
Canter. Peters. SD. that il is derived |
from the right 81 acquiring territory. aud |
! am more thoroughly confirmed in il i
from the fact that | entertained the
opinion long before | knew il TO be his
As 70 the right Of acquiring territory. /
agree with the senator from New York /
hat IL is embrsced without going fur
her. both in the war and treaty powers.
Admitting. then. what has never been
ieaied and what il would be idle TO
icuy in a discussion which relates 20 ter
-itorieS acquired both by war and tr,aat-
-. that the United States has the right
o acquire territory. IL would seem 20 fol-
ow by neSssSary consequence that they
nave the right to govern them As they
possess the entire right of soil. dominion
md sovereignty over them they must
necessarily carry with them the right to
govern. but this government. as sole
sEeut and representative Of the United 1
States. must. as such. possess the sole
right. il il exists al all. Rst IL srosld
u 6 crest error 60 coHclsdc tksi Goa
rress has the ehscissc pesrcr Of sorcr~-
IRg fhc territories becsHse q has tke
'ole or crclSsiue poscor. Tke rrrcrse Is
'As easr. 10 "a sabfvcf 20 ~sHs sui ia-
sorfssf rcsfriefions esd ooaSitsoss. Of
cA5cA s0sSc ere oppressed cad etkers sus-
'lscS. Among the former may be elassed
Ill the general and absolute prohibitions
Il the Constitution: that is. all those