The Pacific commercial advertiser., 1900-10-19


be acquired, held and governed only under the Con;-
that if any portion of the Constitution extends to b
ritory all must extend and that therefore soon as
becomes subject to the sovereignty Of the United
become subject to all the provisions of the C
and that the distinctions that often made as to t
the operation application Of particular provisions Of
sttution are imaginary.
The question is not much Of the extension of tb c
ton of the application of particular provisions
ticuar circumstances. 1t is perfectly true that all powers
national government derived, expressly or bv m;
from the Constitution and that therefore new territo
acquired held and governed only under the Constnti
said in the former Ed,edids decsion-'' MIGHT M
argued that certain provisions of the Constitution did 50
for these islands annexed and held and o
by powers conferred by the Constitution either expressly Or
implication" May it not be that at least that clause ami
which provides that The Congress shall have power to
make all needfu rules and regulations respecting the t
of the United States.' But it by no means follow
that all the provisions of the Constitution applicable h
settled beyond controversy that the provisions question M
ing jures and trials by jury applicable to the case a
territory in the first of the three stages above mentioned that
during the period of military government of conquered er
before treaty of peace concluded which stage may cn
indefinitely Nc treaty of peace need be concluded And
yet the President in the administration and establishment mill
tary in such territory under the Constitution
just truly he does the administration of government after
conquest and prior action by Congress all his powers a
derived, directly indirectly from the Constitution Il
equally well settled that the provisions question not apply
the field of war in the States proper themselves And
yet the President in such under the Constitution h
could not act otherwise These two exceptions the application
of the provisions question have been recognized by repeated
decisions of the Supreme Court of the United States In each
Of such the territory subject the sovereignty the
United States but it is not therefore subject all the provisions
e A. ~
ton with may be cited show that subecon the
eregnty of the United States does necessarily require the
application of the Constitutional provisions question In Tai
ton o. Hayes, 163 o. S. 376 (1S95) the Supreme Court of
United States held that the constitutional relating
grand ures did apply the Cherokee nation the Indian
Territory, bur that of death upon conviction
der upon Indictment found by grand jury of only five per-
under the laws of that nation constitutional And
such laws enacted under the authority of passed
by Congress and treaties having the force of only and
the court expressly said that the Cherokee nation subject
to the general provisions of the Constitution and the para
mount authority of Congress The territory occupied by that
tribe part of the territory of the United subject
to the sovereignty of the United States Congress free
any time to into organized territory of the United
States, to give it the status of statehood but nevertheless
held that the Fifth Amendment did apply and that lay
in the discretion of Congress allow that people in that
tory to continue govern itself did before the Conu
ton adopted extended it. until the Congress should
otherwise determine. may add incidentally bearing
the other question involved in this casehat of the
OF the Joint Resoutontat it expressly provided h
treaty under which the Cherokees made their that SUD
laws should mot be inconsistent with the Constitution of tn
United States"
The truth is that careful discrimination must be exercised
considering questions of the application of the various prov
sions of the Constitution The language of the clause
tion the light thrown upon by other clauses the spirit Of tn
Constitution whole, and the historical setting all
carefully studied Some provisions indicate clearly the exen
of their application others do not absolute Others
quahed clearly relate the States alone others @
to the United States alone; only department of
enHen others to all departments state of fact
others to another grants of power others nhb
tons; some appear to apply to particular territory only e
to all territory subject the jurisdiction of the United State
Some of the provisions question among unce
as to the extent of their application That relating gran
sjuries reads:
No person shall be held to for capital otheWr
infamous crime, unless presentment indictment
grand jury except in arising in the land naval force