The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-19

not
bound by of those great principles intended
Is general securities for public liberty But they do
Territories till introduced by the authority Congress
principles do not prOprO rgOe, apply any the Ter
rtories of the United States because Territory while Ter
ntory does not become part and part of the United
States
How did govern Louisiana before it was a. State2 Did
the writ of habeas corpus in Louisiana during its Territorial
exencea Or the right trial by jurya Who heard
trial by jury there before the law creating the
eminent gave the right trial by jury2 No one And do
not believe that there any light be thrown upon
the history of the proceedings of this Government
that matter When territory has been acquired it has
always been subject the laws of Congress such law Con-
ess thought for its immediate government for
Its during its Territorial existence
paratoy state in which it remain until ready
come into the Union of the family of States \
According to the genemen's reasoning the Constitution
tends the Territories law, and legislation
the subject This would be antamouut saying
that the territory attached the United States all
the laws of the United States well the Constitution of the
United States become the governing rule of mems conduct and
OF the rights of property because they declared be the
law of the landthe laws of Congress being the law
well the Constitution of the United States SIR this
course of reasoning that cannot be maintained The of
England often makes conquest of territory Who heard
conended that the Constitution of England the supreme
power of Parliament because it the supreme law of the land
extended the territory hr acquired until made to do by
special act of Parliament The whole history of COLONIAL
quests shows entirely the Until provision made by
of Parliament for civil government the territory held
military acquisition. 1t is subject the control of Parliament
and Parliament make all laws that they deem proper and
necessary be made for is brit until such prov
sion is made the territory not under the dominion of English
law And it is exactly the principle that Territories
coming belong the United States by acquisition
have jas cooniae remain to be made subject
the operation law bv of CONGRESS-
Curtis Life of Daniel Webster Vol H. PIP. $685. $685. $780,
Mr. Webster and associate counsel had previously taken the
position in their argument in the of American ms
Co. Cdnfr Pet 533, 538. Mr. Calhoun of course the
debate referred to, took the opposite position.
assuming that Congress the of its legislative
power organized is subject fundamental imi
taton respecting personal rights would not necessarily follow
that the provisions respecting grand ures and
diets apply directly such territories that they apply
all Congress might be limited only by general inference
from the Constitution and the free and government
of which the basis and if would be limited only
far required by fundamental rights which class of rights
the rights in question may belong As to limitations by in
ference rather directly, the Mormon Church
u. s.. 1876 u S. i, said:
Doubtless Congress- legsang for the Territories would
be subject those fundamental favor of personal
rights which formulated the Constitution and its amend
ments but these limitations would rather by inference and
the general spirit of the Constitution from which Congress de-
its powers than by and direct application OF
Its provisions"
And whether the rights in question among the
fundamental rights Holden Hardy, 100 U. S. $685. may be
cited In that while the court sad much in the or
mon Church case "tha there certain mmutable principles
of justice which nhere in the very idea of free
which of the Union may disregard that
shall be condemned in his person property without due notice
and opportunity of being heard his defence yet it also
said that he law certain extent sciences
that in the States methods of procedure which at the
the Constitution adopted deemed essential to the
protection and safety of the people, the liberty of the ct
been found be no longer necessary that lin
of the States grand uries formerly the only safeguard
against malicious prosecution, have been largely abolished
and the rule of unanmty far applied to civil
cases. has given way vedcts rendered by threefourths
Majority that quoting from former decision, whie we take
just pride the principles and institutions of law
forget that lands where other systems of urispru
ence prevail the ideas and of civil justice also not
unknown" that "there nothing in Magma Chdrta rightly
considered broad charter of public right and law which
ought to exclude best ideas of all systems and of
and them light of the foregoing the court added this
nifcant language:
n the future growth of the nation heretofore 1t not
impossible that Congress may fit to territories whose
Jurisprudence of the civil law One of the considerations
moving to might be the fact that the ter
the Union with its traditions