The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-05-08
AUTHORITIES CITED
General Government Cannot Legisla,e
Save Under the Constitution.
FROM THIS IT DERIVES IT'S EVERY POW
Our National Government is Not CorS ruc,es
Rule With Unlimited Power SubIcc,
People Who Have no Voice
in the Government.
tRv Associated Press =

st. Paul. Mimi, May Judge Lo-h.
today filed in the United States Cir.
Court his decision on the application
Court his decision on the application u
leased from the Minnesota State PrI-..
Ortiz was convicted by Il military f..
bunal in Porto Rico for the murder nf
United States soldier and Condemno1 .u
die. The sentence was committed TO I.
Imprisonment. The application for Z.
lease was based on the claim that 'hn
military authorities had no jurisdjct1o
over Ortiz: that peace had been declared
and tina he should have mad a civil trIa.
Judge Lochren refused the application
in an oral decision Thursday last and too
day filed an exhaustive opinion thereon
The decision bears largely on the cons.
tional questions which have arisen on 'H,
position of Porto Rico as a territory OF
the United States. The decision state,
1T would be, indeed. marvellous II 81
is made to appear that the men who
founded our National Government SO cnN
structed it that it is capable of rulIu-
with unlimited power a subject peuN.
who have neither guarantees to prot'0'
them nor any voice in the Government
This is foreign absolutism-thc Wors
form of tyranny.
IF the Constitution does not extend tu
Porto Rico and our other new acQuI-.-
tons of territory, Congress has the uu
trammeled. absolute power to estahle.
subject governments or make laws iO'
such territories; it has the power n.
octaII;rb lannrInnt mana tahiaC n. -a
trapies. state religion and even SLAYER"
To say tina a clause in the Constitutjnn
does not extend to a territory but lo,
limit the power OF Congress in lcgisiaItnr
for the territory, is to draw a distinction
too fine to be practical.
The National Government of the III
ted States is one of very limited pCW"i
In respect to its own people in its cuJig,
domain and generally, except in RESPECT
to its power to deal with foreign U.I'u"
and concerning matters expressly comm
ted to it by the Constitution. it's po"cr
are much less than those possessed Dr.
other governments. No one will dispnI.
this.
The National Government OF thu Uni
ted States was created and its power
and jurisdiction granted and limited by th.
Federal Constitution. It's powers caa
only be increased by amendment OF 'h2
instrument.
THE power of the general GOveInwcu'
to acquire additional territory rests hiln
its constitutional power to maze VII.
which ma result in conquest. an it. nin
power to make treaties, which may tIIu.
territory by cessation. The power to 90
ern such acquired territories results tlyn
the power to admit new States to uDu
oil nnaIf,,I r,Jo- ,,.J .;.
ing the territory or other propCrtr 80,
longing to the United States.
This clause authorizes Congress t" lr.,
lSlate in respect to a territory IN 'o,..
as we'll as in national matters bcfor, I.
admissions to statehood into the CDiru
The novel doctrine that the power a.
Congress to govern territory coded 10 thr
United States may be conferred by a
foreign sovereign, by and through 'h
terms OF the treaty of ceSSiOn and that
the general Government can exercise pc"
ers thus granted by a foreign sovereign
independent of and in disregard of ~.
Constitution, until Congress mayhap r.
the future, shall by its enactment soc H.
to extend the Constitution over the terri
tory is contrary to the holding of the Sv
preme court of the United States to the
erect that the general Government is ono
or enumerated powers and can claim and
exercise no power not granted TO if d.
the Constitution, either expressly or g..
necessary implication. 1t is clear that
the general Government cannot legisIa'
over territory where the Constitution
from which it's every power is deriE'.
does not extend. The Constitution mu
De IN force over a territory before tn,
general Government can have any author
lty 10 legislate respecting it. No forel-.
sovereign can invest the general Govern
ment with any Legislative power"
Numerous decisions are cited i'm 5u.-
port OF his opinion and he continue.
1T must be held that upon the ces-i"
by Spain to the United States or ra.
Island of Porto Rico that island became
part OF the dominion of the United STAT
as much SO as Arizona or Minnesota. an.
that the Constitution of the United StaN
eX proprie vigcre, at once extended o.'
the island; and that this extension OF 'u
constitution gave Congress-. whose ever
power must come from that inStrUWe.
1he authority to legislatc in respeci
that island as a part of the United Sta
territory. 1t follows that all the pro.
SiohS OF the Constitution in respect TO
oohdl ana property rights, including n"
rlgnt TO trial by jury in criminal prose
tion, became at once. when the cesal"
was completed, a part of the suprel
law OF the land. The character o. r.
onense and the nature of its punishm
would be determined by the law in for.
"here and when the act was commit.
ana laws Of that character remain
lorce after the cession until changed D."
lhe manner of trial must depend on 'H'
ia" IN force when the trial is had. eve"
,hough the establishment and orgaDil'
ZION OF courts must be awaited befo-'
the trial can be had"
The decision states that military ia"
being the sole authority the acts OF d
military court were entirely legal ami
the petition for a writ of habeas corpu7