Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-23
HOW TO COVE R N
Continued from First Page.)

the organic law OF the MED states, creates
| Congress, makes it the governing body of
| the Philippines and fixes the status of the
| archipelago as territory belonging to the
United States.'' and among places subject
to their jurisdiction" The Philippines are
not outside of the Constitution, but are rec
| ognized by that document and take the
niche in the governmental structure
| signed to them by it.
| To say that certain constitutional liniita-
lions upon the power of Congress are not
| intended to apply to it in leg;siating for the
| territories is not to place the latter out
side of the Constitution. Congress may be
| thrown thereby for some purposes outside
| of certain constitutional restraints. Bat
the Constitution gives to Congress. as the
| legislature of the territories. express power
| to make all needful rules and regulations
! concerning them. If one of the consti-
| tLtional limitations upon the power of Con-
| sress is held to apply to it in this capacity
| it will not then cut loose from the Consti-
tuition. since it will in legslating for the
territories be fulfilling function entrusted
to it without restriction by the Constitu-
| ton itself.
| Status of Territories.
The vital question affecting the Philip
| pines is: In what cases is territory be-
i
| strued as included within the words United
| States" as they appear in different sections
| of the Constitution?
Upon the answer to this question depends
| the degree of freedom with which Congress
| may legislate discriminatory for the wei
| fare of the Philippines.
| In its relation to the states Congress has
| only the powers of legislation snen''fc'1 and
| necessarily implied in the Constitution; in
| its relation to the terriiory ne..ns..., %
| the United States 1t has all the powers
| conceivable in the legislature of a republic.
| limited only by the express or implied
! qualifications of the Constitution. The
| fewer the number Of these applicable limi-
| tations, the broader the scope of the powers
| of Congress in respect to the Philippines.
In the> thirteenth amendment the Consti-
tuition clearly distinguishes between the
| United States and places subject to their
| jurisdiction" said places being unmistak-
| ably the territory belonging to the United
States When the Constitution says that
slavery shall not exist within the United
| States or any place subject to their jurisdic-
| ton it asserts by impica ton that there
| are places subject to the jurisdiction of the
| United States which not within tine
| United States Otherwise the words "or any
| place subject to their jurisdiction become
| mere surplusage. Evidently the Constitu-
| ton does not agree with the speakers and
| writers who view the status of those thus
| subject to the Jurisdiction of the United
| States but not within 1t, as one of virtual
| slavery, for 1t recognizes this status in the
| very words which abolish and forever for
| bid slavery and involuntary servitude.
The Philippines territory belonging to
the United States are part of the United
|
sense. and Congress in legislatng for them
! will doubtless be bound by those constitu-
tional prohibitions and affirmations which
| state republican principles of legislation.
and which constitute the individual Ameri-
| cans bill of rights. Either the courts
| would declare that these provisions of the
| Constitution We're intended to apply to the
| Filipinos as the inhabitants of territory be-
| longing to the United States or Congress
| would. In any event, feel constrained To
| legislate in accordance with the spirit of
these privilege guaranteeing declarations.
| 1t does not appear that injury to the Fill
| p:ros is to be apprehended from the extern
! sion to them of the American bill of rights,
| whether this Is accomplished directly
! through the constitutional provisions or by
| congressional enactment
| Outside of the Union of States.
| But while the Philippines are part of
| the United States popularity and geograph-
| ically, they are not part of the United
| States as the term is most frequently en-
ployed in the Constitution, which is made
| up exclusively of the united states. and Is
the governing entity, the Union
| For instance, when the Constitution says
| that the day for choosing presidential
electors shall be the same throughout
| ~ u
| include non-voting territory like the Phil
| ippines within the meaning of United
| States''
| Are the Philippines included within the
| United States" when the Constitution pro-
| vides that all duties shall be uniform
| throughout the United States?" Does
| the United States mean the same thing
in the two sections of the Constitution, or
is the term of varying dimensions. con-
tracing to exclude the Philippines In one
case and expanding TO include them in the
| other?
| What is the area of the United States
mentioned in the fourteenth amendment,
, which declares that "all persons born or
! naturalized In the United States
| are citizens of the United States?
| These questions can, of course be answer
ed finally only by the Supreme Court of
| the United states Ill tne nSnl OF
| facts and conditions and the war amend
ments to the Constitution.
| l do not intend to discuss the constitu-
| tional question or to attempt to forecast
| the Supreme Courts decision upon it; but
If the welfare of the parties in interest,
both Filipinos and Americans, is to be con-
| sidered in the matter, the United States
| will not be held to include the Philippines
| either for the purposes of uniformity in
duties or for comforting upon the Filipinos
| Unfortunately national citizenship.
| Uniformity Provision Disastrous for
FilipinOs.
In the discussion Of this matter the dam
| gers to American industries and interests
have been thoroughly considered, but not
| enough attention has been paid to the in
| jury with which the Fflipinos are threat
| ened.
| To extend the Dingley law to the islands
| would, to cite for example a single i'm
pcrtant item, increase the duty on rice
| dhe F1lipino's breaO a thousand per
| cent over the Spanish rate. 1t would work
/ at 1hal -i1