St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1900-01-31


years, if the constitution, of its own I'M
aided force, extends to every territory ac-
quired by the United States.
INTERNATIONAL LAW.
It is International law, everywhere adj
mitted and recognized, that the cession OF
sovereignty over a country by one ma.
ton to another affects only the political
relations of the inhabitants of the ceded
country, and makes them subjects there
after of the nation receiving the cession
that while the inhabitants of the coded
country change their allegiance, their re-
lation to each other and their rights OF
property remain undisturbed. The cession
of country does not affect the rights
of property.
Laws usages, and municipal regulations
in force at the time of cession remain in
force until changed by the new sover-
eighty. The new sovereignty may deal
with the inhabitants and give them what
law it pleases. unless restrained by the
treaty of cession, but until alteration be
made. the former law continues. The
constitution cannot, of it's own inherent
force, extend itself over such territory. II
might be widely at variance with the law
of the ceded territory. Hence it follows
that the constitution with the exception
of the 18th amendment, does not extend,
ex proprio vigore into the newly ceded
dependencies, and the contracting nations
could properly except uncivilized tribes
from the rights, privileges, and immuni-
ties of citizens in the treaty by which
Alaska was acquired. Hence the Supreme
Court properly has held that Congress
has plenary power in legislating for terri
tories, unless restrained by the stipula-
ton Of the treaty, whether that power is
derived implicitly from the trea making
poWer-that the nation must have power
to govern what it may lawfully acquire
or from section of article of the con-
stitution.
In whatever light it is viewed it Is man
ifest that the constitution, with the ex-
ception named, unaided, does not extend
to Puerto Rico and the Philippine Islands
and that Congress, with this exception,
is clothed with plenary power to legislate
in regard to them; to make such rules and
regulations respecting them as it regards
needful. considering their situation and
untrammeled by the other
provisions of the constitution which secure
particular rights privileges, and immuni-
ties to citizens of the United States whose
these islands are.
Ii the constitution, with the exception
does not invade these islands of
its own force, 1t is manifest that its other
provisions will not become operative there
without an act of Congress. The treaty
did not put them in operation there. It
has been claimed that Congress by soma
process implicitly puts them in
operation as soon as it enters upon legis-
lation for the islands, even without hav-
ing passed any act to that effect. In quite
a number of instances the Supreme Court
mas plenary power, or the combined DOW
er of the national government and of the
states. Such combined power must be alb
solute and unlimited, the power of any ma
ton over such terrtories-eXcept in regard
to allowing slavery-or, in the language
of section g. article T. of the constitution:
Power to dispose of and make all need
full rules and regulations respecting the
territory and other property belonging to
the United States
The power of the States in enacting laws
IS not confined within the limits prescribed
for the national government by the con-
stitution. 1t is absolute except in the par
ticulars surrendered TO the national gov
There are numberless decisions
of the Supreme Court to this effect on the
subject of due process of law or the
law of the land"
While, under these views, Congress en-
ters upon the government of these depend
ancies unrestrained by the provisions of
The constitution, nevertheless it will excl
rise this power under the obligation nf a
general duty, to be discharged faithfully
and honestly for the highest welfare of
heir inhabitants, and of the inhabitants
Of the nation. Every function of govern
nent is duty so to be discharged. AS
applied to Puerto Rico and the Philippine
Islands the duty is general. 1t is 50 left
by the trelty.
RELATIONS TO CUBA.
In regard to Cuba the duty is particu-
lar. 1t is so constituted by the resolutions
the war and by the provisions
Of the treaty. The President exercised the
power conferred. obeyed the direction
prosecuted the war to successful ter
resulting first in the protocol
and then in the treaty ratified by the Sen
ate, by which Spain relinquishes her SOW
ereignty over Cuba and the United States
announces to the world that she is about
to occupy and, while the occupation con-
tinues, she will assume and discharge
the obligations that may, under interna-
tional law, result from the fact of its oc-
for the protection of life and
property"
The United States is now in the exer-
else of such occupation. 1t has been claim
ed that she did not take sovereignty over
the island; that on the REIMBURSEMENT by
Spain it vanished into thin air to some
place unknown, or, as one eminent writer
On international law has said, was in
allegiance until the inhabitants of the ISL
and should be in condition to receive and
exercise it. Sovereignty is supreme or
paramount control in the government of
A country. The United States is now, and
has been since the signing of the pro-
tocol, in the exercise of this control in
the government of the island. 1t has not
been divided control, as sometimes hap
pens in the conflict of arms. Her control
mas been unquestioned and undisputed I
think the United States. upon the surren-
Ter of sovereignty oversthe island by Spain
following the signing of the
took sovereignty over the island
not as her own, nor for her benefit. nor
for the people of the United States. but
for the inhabitants of the island, for the
specified and particular purpose of paci-
fcation of the island. What is meant by
the paciication of the island? 1t may be
difficult to determine.
Persons and nations may differ in regard
10 the state Of things which must exist
to have this accomplished. The Cubans
may say that they are pacified, in state
Of peace now and therefore it is our duty
to withdraw and allow them to set IN
such a government as they may choose
We may say that pacificatlon means more
than absence of a state of war; that, con-
sidering the state of things that had ex-
sted for three or more years, it means
until the inhabitants shall have acquired
a reliable, stable government. Are the
Cubans capable of establishing and main
tanning stable government? Who shall
decide? If that be the meaning, what
kind OF a government? A monarchy a
leSpOtiSm ahh0rrant To tho do - 1891