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

rp chose constitutional provisions that is the 6st
I% 40 sixth Amendment, which is the portion relied
Ffon one contains evidence in itself that it does not
@F territories and accordingly the Supreme Court of
@g s has definitely decided that It does not appv 10
o. V~as T. - e. Ddwson Is How. 467. The other
~ ,,r 10 petit uries contains in itself some evidence
P :; tbr same direction But the provision relating to
F~I ss Is very general in s terms. And YET although
y = r apparently unlimited in its application as between
srll governments il is settled beyond controversy
not apply 10 the state governments. Barron r. Bal
PAT si3 IL is indeed settled that none of the first
,m,ni. apply the States This conclusion has been
al brrly from historical considerations and from infer
h,, ibc Constitution a whole The Constitution and
Amendment. were framed and adopted by the people of the
60 themselves and be taken as limiting their
over hcn.,yc. except in far clearly so Indicated
, wished O., permit trials in criminal without indct
-, Grand rc., Why should they be allowed to do so.
~ M NOT So. wish they could provide in their State CON
- But they did wish to bind themselves to such an
@ d, another .oyercgnty, the federal government Nav
u erha similar reasoning be applicable the territories.
r has never been decided IL these provisions do apply
@ STATE. because the Constitution made by the people of
A. S for themselves and because they did not wish t give
i a FEDERAL government q control themselves in matters
4 they thought might better be left to local action, might
A. As be- even more for holding similar view with
rc to the territories the ground that the people of the
~ h might better be permitted decide for themselves
al matters and that they had voice in making the Con
au anil that the people Of the States intended merely to
,t themselves against action by the federal governments
n sovereignty and to tie the hands of that govern
m With respect to the people Of the teroriesthe only gov
nnci which held sovereignty those peopepeope who
nm not the minds If the trainers Of the Constitution and with
rcl whom the PEOPLE Of the several States had directly
snr odo There indeed internal evidences in the
Constitution that such the intention. For instance, it is
ar that the word people in the preamble Of the Constu-
does not include the people Of the territories and the
ru found in several Of these Amendments. Should it
the construction therei But this express
nqou What wish TO ow is that the real extent of the
lo Of the provisions Of the Constitution is not always de-
% by the apparent determined by their language
anil show that there least considerable ground for
g That Of the provisions in question apply of their
u force the Of organized territories. They do
WHY the States although limited by their terms to the
henl government
The Thirteenth Amendment prohibits slavery not only in the
United Sa" bat in amy place subject their jurisdiction.
Whether G would apply territory in the middle Of the stages
Dove mentioned need undertake say took part in
ctaon in HOHoma SHgqr 90. q Sdycris, II Haw 96, in
eh was held that this provision did apply in such
@otd express any opinion upon the question whether if it
ppy The labor laws formerly in force here
ant that provision Of the Constitution. There is much
ae dcou in Robertson BdldvH, 1875 L. 5. 275, in sup
" OF the view that they not But if the Thirteenth
ncnt should be held TO apply to territory in the middle
R could be held because Of it, peculiar wording The
@ That was deemed necessary expressly make it apply
any place subject to their jurisdiction" well to the
d States may be taken a constitutional construction
u mat clause not added the amendment would apply
nted States" and places not included in the
@ States though subject their jurisdiction. decision
@ Amendment apple to territory in the second or middle
ABOVE mentioned would affect the argument as to the
soo now in question. That Amendment applies to the
we'll as 10 the territories. The provisions in question
'''n held not to apply to the States.
wing held that these Amendments relate TO the federal
'n alone as distinguished from the State governments,
V Ppy under an circumstances all departments of
government only under certain circumstances or to
dportmentsi In this respect also some Of these pro-
40 o on their face unlimited No doubt they apply to acts
~ '~ passed with reference the federal courts under
~ circumstances. But have already seen they do
IVY acts Of the President done in the exercise of his war
'ne' IN foreign territory in the States themselves
f % add TO the exercise Of the power by Congress