The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-08
JUDGE LOCHRENS VIEWS.
PASSES ON IMPORTANT CONsTITU-
TIoNAL QUESTIONS.
Holds That Puerto Rico Came on Its
Acquisition at Once Under the
Constitution and Must Be Gov
erned Under That Instrum emit.

of Rafael Ortiz, a Puerto Rican, to be re-
leased from the Minnesota state prison.
Ortiz was convicted by a military trib-
unal in Puerto Rico for the murder of
United States soldier, and condemned to
die. The sentence was committed to life
Imprisonment.
The application for release was based
on the claim that the military authorities
had no Jurisdiction over Ortiz; that peace
had been declared and that ne should have
had civil trial.
Judge Isochren refused the application
in an oral decision Thursday last and to-
day filed an exhaustive opinion thereon.
The decision has evoked great interest
throughout the country as 1t bears largely
on constitutional questions which have
arisen on the question OF Puerto Rico as
a territory of the United States.
The decision states:
"Our general government was founded
by the men of the revolution who had re-
belled against the arbitrary power assert
ed by Great Britain to govern her Guilty
ing colonies at the will OF her parliament.
They established the government upon the
asserted theory that all just powers OF gov
eminent come from the consent OF the
governed. They founded, as described py
President Lincoln in language not yet for
gotten, a government of the people, by
the people, for the people 1t viii be. in
deed, marvellous If it is TO appear that
these men who then founded our national
government so constructed 1t that 1t is
capable of ruling with unlimited power a
subject people who have neither guaran-
tees TO protect them nor any voice in the
government. This is foreign absolutisn-
the worst form of tyranny.
IF the constitution does not extend to
Puerto Rico and our other new acquisi-
lions of territory congress has the un-
trammeled. absolute power to establish
separate governments or make laws for
such territories Ii has the power to es-
tablish dependent monarches or satrap-
les, state religions and even slavery. The
argument of one of the senators referred
to. that the last clause of the thirteenth
amendment prevents tn establishment
there of slavery is obviously lame and i'm
potent, for If the constitution does not
extend to those parts of the domain of
the United States, nor limit congress in
its powers of legislation over them, by
what process will this single clause of
an amendment of that instrument detach
itself from the skin of the parchment and
alone fasten itself upon these new terri
tories. If it be considered that this thir-
teenth amendment Eek propria vgore,
extends to these new territories, or linn
it's the powers of congress respecting
them, every clause of that instrument
for the like reason. is equally potent. To
say that a clause in the copstitution does
not extend to a territory, but does limit
the power of congress in legisating for
that territory is to draw a distinction too
fine TO be practical.
THE argument, much repeated. that if
the national government of the United
States has not the power to deal with
these new territories untrammeled by the
constitution, its power is less than that
possessed by the other governments of
the civilized world. is admitted. 1t proves
nothing. In respect to its own people, in
its entire domain, and generally except
in respect to it's power to deal with for
eign nations and concerning matters eX-
pressly committed to IL by the consti-
tuition. its powers are much less than
that possessed by other governments. No
one will dispute this.
"The national government of the United
States was created and its powers and
jurisdiction granted and limited by the
federal constitution. It's powers can only
be increased by amendment of that instru-
ment.
THE power of the general government
to acquire additional territory rests upon
its constitutional power to make war
which may result In conquest, and it's like
power TO make treaties, which may bring
territory by eession. The power to govern
such acquisition of territory results from
the power to admit states and to make all
needful rules and regulations respecting
the territory or other property belonging
to the United States.
This clause authorizes congress to leg
islate in respect 10 territory in local as
well as national matters before its armis-
sion to statehood in the Union.
THE novel doctrine that the power OF
congress to govern territory coded to the
United States may be conferred by a for
eign sovereign, by and through the terms
Of the treaty OF cession. and that the gem
eral government can exercise powers thus
granted by q foreign sovereign independ-
ton until congress, mayhap in the future
shall By its enactment see fit to extend
the constitution over the territory, is con-
trary to the holding of the supreme court
of the United States TO the effect that the
government Is one Of the enumerated now.
ers ana can claim ana exercise no power
not granted 10 1t by the constitution.
either expressly or by necessary implica-
ton. 1t is clear that the general govern
ment cannot legisiate over the territory
whore the constitution from which its
every power is derived does not extend.
THE constitution must be in force over
territory before the. general govern
ment can have any authority to lcgislate
respecting IT, No foreign sovereign can
invest the general government with any
legislative power
Numerous decisions are cited in support
of his opinion. and he continues:
1T must be held that upon the cession
by Spain 20 the United States OF The
island Of Puerto Rico that island became
a part OF the dominion OF the United
states. as much as is Arizona or Mime
sofia ana that the constitution of the
United states 'eX propria vigore' at once
extended over that island. and that This
extension Of the constitution gave con-
grcss, whose every power must come
from that instrument the authority 10
legislate IN respect 10 that island as
part OF the United States territory. II
Follows that aH the provisions Of the con-
sfituuuu lu respect to personal and prom
cry right. Including the right to trial nv
jury IN criminal prosecution, became at
once, when the cesSinu was completed "a
part ~ the supreme law OF the land The
character of an ofense and the nature 81
IFS punishment would be determined hy
she law In force where and when the act
was committed and laws of that char
acter remain In force after the casslon
upui changed but the manner ~ trial
must depend on the law in rtrce when
the trial is had. even though the estab-
t,shmcnt and 1rEanizatiop ~ courts must
Dec awaited before Che trial can be had
The decision states that military law be-
ing the sole authority. the acts Of "a milf
iary court We're entirely legal and the
petition for writ II habeas corpus was