The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-28

States sssnoS he ruled rs mere essloni-ts
seq@nsi-ut zps1n the xiii of ths genera
government srd 70 - governed BY an
IswS Il ray th5nk proper 70 impose.
A F.a~sg. therefore. n sa< general eevss
nyas 70 ootsin and hehi coaoniss ard q
Ygnsient territories oy~x ~hieh they ssiss
is-isizst <Efsa,-t .sssrirtioa would - T.
eaGsssss ~ With IT. oSu sxssssErs IN e.
present form tIa Howard. pf sisi>- ,
The chias jastice rks-n p-ain-. Oh, shss
zsV0EdiEx TO the Constitution. the govern
Eeat ~ euE-Sress % q territory Is szls
temporary aud inir41iSe 20 it- .izafssios.
as state The power, says BE-. TO a.
suirs neceoariiy carries ~i,h il the power
- preserve and aPsly TO the purposes fos
vaseA il vas acquired TIE tornl .. sov-
| s-nGslt 20 be established necessarily
rStsd IN the ci>crsriou OF corsress- L.
~ss their duty To establish the ere thaS
would be BEST suited for the prcsectioa
snd security oi the citizens % the United
Stale and orkss inhabitants who nigh,
be authorized TO take up their sboie
there Some form Of civil su
thoT1ty would be absolutely necessary -
organize and preserve civilized society
and prepare il 10 become a sNte an.
what is the b-st form must always Gepend
upon the condition of the TERRITORY a.
the time, and the choice of the MODE
must depead upon the exercise Of dis
| cretionary power by congress acting
within the scope OF its constitutional au-
thanty and not infringing upon the rights
OF utrspns and rights OF property Of the
citizens who may so there "a reside
or fos any other lawful purpose. Ii was
acquired by the exercise OF this discretion
and il mus; ts bed and governed in like
manner until hrjs fitted TO he stan. .
tPp. ASA
All the members of the court without
sxcsption eoncnHed in these views.
Mr. Jua,Ae Wayne said:
-Concurrlas as | do entirely in the
opinion OF the court as il has been writ
ten and read by the chief justice-with-
out any qualification of its reasoning Or
It's concluson%-l shall neither read nor
tie an opinion Of my own in this Csc.
vLj.h prepared when | supposed it
might be necessary and proper for me IL
10 so. lP. 454l
M. Iustice Gpier Saidc
Il copcar with the opinion Of the coart
Act Of CongieA OF 18th March. 1920 tpro-
hihiIing slavery in the territories north
of 81 deg. 80 min. is unconstitutional
and Void" fP. 469-l
The opinion Of Afr. Justice Daniel like
wise COMEDIES viii that OF the chief jus |
tee tpp- 1897, and Mr.. Justice Camp |
bell in his very learned. historical AMI |
legal opinion. ably sustains Judge fancy |
upon every point Referring u the ser
ond CLAUSE Of the third section of Article !
" Of Che Constitution. which providss |
that congress shall hase power 70 de
poss Of and make all peedful rgIes ais
regulations respecting the territory or
other properly belonging To the United /
StstesIS Justice Campbell wrote:
Il losk IN vain among the discussions
OF the tine Tor the assertion of q supreme
ssgereignty for congress over the terri
tory then belonging to the United States |
or that they might thereafter acquire.
seek In vain for an annunciation that a
consolidated power had been inaugurated.
whose subject cnmprehended an empire
and which had no restriction but the
dissection Of Congress. This disturbing
element Of ehe union entirely escaped tue
appraAensiSe provisions of Samuel Adj
ans. George Clinton, Luther Martin and
Patrick Henry, and IN respect To dangers
from power vested in a central govern
msBt over Distant settlements. colonies or
provinces their instincts were always
alive Not q wond escaped them 70 warn
their cpuntrymen that here was power
To threaten the landmarks of this feder
alive union. and with them the safeguards
Of popular and constitutional liberty, or
that under this article there might be
introduced on onr soil single govern
meut over vast extent of country
government foreign to the persons over
whom it might he exercised. and capable
of binding those not represented. by stat
utes, In all cases whatsoever. | hal
nothing to authorize these enormous pre-
tensions, nothing in the expositions OF the
friends of the Constitution. nothing in
the expressions Of alarm by its opI'o-
nents" Up. 5Gai
Mr.. Justice Catron expressed the same
viey Ipon this subject tpp. 52l-2). and
Mr. Justice Mclean, dissenting in other
points. wholly agreed with Chief Justice
fancy III his views as above set forth.
saying:
In organizing tie government OF ter
ritory congress is limited 10 means APP
rrorriate To the attainment of the con-
.Ututiossal os;eet- NJ powers can be eI
srgised Yhu,a are prohibited by the Goa
stitution. or which are contrary 10 its
spirit, 50 thai whether the object Esay De
she protection of the persons and prop
city of purchasers Of the public lands or
Of communities yho have been annexed
70 the union BY conquest or purchase this
are xzsusfoSu 10 the aefabliskzsost az
state gprcxssapss, and no more power
can be GAINED or exercised than is uess<
ssry to the alignment Of the end Tbs
Il the Limitation of all che federal boz