The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-11
CONSTITUTION AND FLAG.

CONSTITUTION AND fLAU.
Does the Constitution necessarily fol-
low the flag into annexed territory?
There is long line, of decisions for
and against. mainly political in their
character: politicaE because, in the old
slavery and Civil War days, the Demo-
Gratis took the view that the Constitu-
stion does so follow the. flag and the
Wings and Republicans the position
that lit does not, .cturts nsuailys divfd-i
ing on; the subject, according te their
politics. Chief Justice fancy Of fugi:
tive slave law, fame held stoutly to the.
affirmative; Republican judges as a
rule have taken the negative. view and
in this, since war times, have found
support In the obvious recognition Civ
en- by the Thirteenth Amendment to
colonial status for annexed lands. This
Amendment says: Neither slavery
nor Involuntary servitude, except as
punishment for crime, whereof the par
ty shall have been duly convicted shall
exist within the United States, or any
place subject to their jurisdiction"
There can, then, be United States and
jurisdictionaI district, not necessarily
subject to the full authority of the or
ganic law, existing under the fiag-a
place where the fact of American SOW
ereignty is recognized but where the
people cannot claim citizenship until
Congress shall have specially be-
slowed 1t.
Here are some Supreme Court deci-
sions and citations which will be read
with interest:
Constitution, but are creatures exclusive
~ of the legislative department and sub
ject to its supervision and control" 80
How. 242. s4z .-rrs-i3 =. 81 la
Congress has full and complete legis-
lative authority over the people of the
Territories and the departments of the
Territorial G6yernInent."-1O1 u, S. 1872.
+ Until Congress enacts law providing
for a Territorial form OF government in a
Territory, the President under his execu-
tive authority over all territory of the
I United States is bound TO maintain such
i'civil or military rule and authority as he
n, MAY. va think ink popef:o. Wall sS4; ls How.
'''Territorfes annexed. did not ipso facto
derive rights from the Constitution. Its
only rights are thost stipulated in the
| treaty, or granted by it's new masters.
j Pet. 81. "a
Doubtless Congress-. in legislating for
/ Nut WOulu Uc SUBJECT lHOSt
| fundamental limitations in favor of per-
sonal rights which are formulated in the
Constitution and its amendments: but
these limitations would exist rather by in
ference and the general spirit of the Con-
stitution, from which Congress derives
all its powers, than by any express and
direct application of it's powers.''-Sec. 17C
U. 8. 3f9.
1.-The civil government of California had
its origin in the lawful exercise of bel
ligerent right over a conquered Territory
1t did not cease as a matter of course, OF
as necessary consequence of the resto-
ration of peace. The President might
have dissolved 1t by withdrawing the ar.
my and navy officers who administered it.
but he did not do so. Congress could have
put an end to 1t, but that was not done
The right inference from the inaction Of
both Is that it was meant to be contin.
ued until 1t had been legisiatively chang.
ed."-16 How. 1913.
1.-The President and Congress are vested
with all the responsibility and powers Of
the Government for the determination O
questions as to the maintenance and ex
tension of our national domain. 1t Is no
the province of the courts to participate
in the discussion or decision of these ques
tons, for they of political nature
and not judicial, Congress and the Presi
dent having assumed jurisdiction and SOW
eieignty all the people and the courts o
the country are bound by such govern
mental acts."-50 Fed. Rep. 10.
THAT the United States may hold Ter
ritories, such Alaska. without stipula
ton that they must become States. an
the inhabitants citizens, has frequently
been decided by the Supreme Court
Wall 434; 1877 u. s. 212.
If the United States has the right tC
acquire territory by conquest or treaty
and such territory is neither organized
created nor governed under the Con
stitution where is the authority for the
statement that "the Constitution fol
lows the flag?"
Where is the authority for denounc-
ing the doctrine that the executive may
exercise lawful authority beyond where
the constitution is?