New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-27
RENT0N Is TENT

Senator Vest, of Missouri, is not arrival
in Washington. He has been there long enough
TO have visited the Congressional Library. 1t
would seem a matter of course that he had
absorbed. ii he had not deliberately ac-
quired. some knowledge of the history and
laws Of this country. He might at least be ex-
pected to have read the works of that great
predecessor in the Senate from his own State,
Thomas II. Benton. That ought to be mat
ter of local pride with Missourians, even if they
do not aspire 10 craftsmanship. But apparently
Senator Vest never heard of Benton or his
theories, much less read his works, or he would
never have made the remarks he did in the
Senate on Friday about the Hawaiian bill
when was it ever heard he inquired, "that it
was necessary for Congress to pass an act to
extend the Constitution over acquired terri
| tory?"
If Mr.. Vest will just send over to that library
which the Government provides for his use,
| apparently to little purpose, get copy of the
! Revised Statutes and turn to Section 1891, he
| will find these words:
The Constitution and all laws of the United
| States which not locally inapplicable shall
| have the same force and effect within all the
| organized Territories and in every Territory
| hereafter organized as elsewhere within the
| United States.
| Maybe the Congress which passed that act
never heard of the necessity of extending the
| Constitution TO territory if it was to apply
there, but it does not SO probable as that
Mr. Vest was speaking in sheer ignorance Acts
| similar TO the quoted were passed from
| time TO time with reference to particular Terri
| tories they were organized, and finally
summed up in this general enactment But be-
fore the general law was passed the Consttu-
ton was applied to territory only by special
cic o,,I In,
| ernments We're organized without extending It,
| and even in violation of its provisions. That is
well known to have been the case with refer
ence to the Territory of Orleans. Again, when
| In 1890 Florida Territory was organized a sec
| ton put in the bill forbidding the terri
| tOrial government to transgress the personal
| rights guaranteed TO the people of the States by
| the Constitution, though Congress itself was in
that act establishing a territorial government
without regard TO the general provisions of the
| Constitution Nh. Montgomery of Kentucky,
| proposed an amendment that all the principles
| of the Constitution and all the prohibitions to
| legislation, as well with respect TO Congress as
the Legislatures of the States be declared to
"be applicable to said territory as paramount
acts" The House voted this down, and Ben
ton draws this lesson from the vote:
This prompt rejection of Mr.. Montgomery
| proposition SHOWS Wndt the Congress of 49,
thought Of the right Of Territories to the enjoy
ment of any part Of the Constitution Of the
| United States. The only question be-
tween Mir. Montgomerys proposition and the
| clause already in the bill was as to the tenure
by which these rights should be held-whether
under the Constitution Of the United States or
/ under law of Congress and the treaty of ces-
| sion. And the decision was that they should be
| held under the law and treaty Thus direct
/ issue was made between constitutional rights
| on the one hand and the discretion of Congress
| on the other in the government OF this Terri
| tory and was decided promptly and without de-
| bate (for there was no speech after that OF Mr.
! Rhea on either side against the Constitu-
| ton II was tantamount TO the express decara-
ton: You shall have those principles which
are in the Constitution. but not a constitu-
tional right; not even as grant under the Con-
stitution. but justice flowing from dis
cretion and obligation imposed by the
treaty which transferred you TO our sovereignty
So there were evidently things which
Senator Benton Of Missouri. was familiar with
which Senator Vest of Missouri has never
heard OF. Senator Vest ought to study Benton.