The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-22

clef. The marvel OF government which We
nave nftecnted 10 mankind ie not only
REPRESENTATIVE democracy but one whose
misunderstanding characteristic is written con-
ssutuuon, with delegated. powers. clearly de.
hned and limited. beyoRd ali otncr forms "
government II has restrained excess and
preserved liberty. This bill Is an msldious
n,aack upon y, not only Us outward form
| but its genius and us SOUL and II passed Will
be DANGEROUS stride toward arbitrary aud
ldlspotic power.
/ This sir. is not the creation OF partisan
1 y Is the logical result OF the principles ana
/ policies underlying this measure the GER
/ tam effect of unbridltd legislative power Al
READY the skirmIsh line Of the imperial forces
has been thrown forward TIN lunlor senator
rom Massachusetts Ont. LODGE has qualified
Lne Declaration Of Independence with wnat
Lincoln called tho argument of kings.
The Junior senator from Indiana lMr. Bev-
cridge9 only few days ako declared IN eitect
mat our constitutions. conseerated by time.
4 " sacrifice. and bv blood. was unsuted to
tne new policies and tho new career upon
which we are entering, and that the unwrit-
tsn constitution OF the aristocraey or England
wes preferable to the written constitution OF
the democracy OF France. For myself. Team
i ing upon the sure foundations of freedom.
pray God the time may never come when
congress or any governmental agency VIII
have unlimited power over the life or liberty
or property of the humblest man who lives
beneath tho flag
1 A limited government with unlimited pow
ers is constitutional absurdity. Argument
uNon proposition so manifest should not
ne necessary. but In another view OF tne
constitution the contention of unrestrictci
authority in congress over the Territories
is inherently and radically unsound. The
i constitution was intended by the trainers. in
its conception and by its terms. as an order.
| ", proportoned and symmetrical system OF
feoefa government
The plan contemplated that all of its parts
should stand In any given case. and TO avoid
detail and repetition each of the divisions
OF Government was made harmonious , ana
consonant with all others. The inhibitve
lGvpl1d O. Federal authority X
tend to its action whatever the occasion or
Whatever the agency through which it should
ATTEMPT to exert itself All Of the provisions
or the great instrument are interdependent
ana interviewer as component parts Of the
same comprehensive and splendid scheme.
The cardinal rule of constitutional inter
probation Is that IL possible. every claus-
shall be given effect But what will be the
result If we adopt the logic and the reason
ing of the committee? Only the particular
clause invoked In any given ease will be
effective, Notwithstanding the manner of its
eN5 rcise may contravene others. which logi-
cally pursued would practically destroy all
restraints upon congressional action ana
I change the government from one OF limited
to one of unlimited movers
u Is true th.re is no limitation upon the
authority of congress to legislate respecting
the Territories in that particular section OF
the constitution. but the Limitation is else
where In that instrument either In methods
prescribed for leEislating upon subjects which
may be included in that in reference to
Territories. such as taxation, or in express
.
such as the establishment of religion. Whiie
congress is empowered to legislate for the
Territories. yet II in so doing it becomes
necessary to enter uDon specific subjects OF
legislation which arc regulated or controlled
by the constitution, its provisions must be
respected and observed. not only upon
grounds already stated. but also because par,
tioular provisions control and limit those oil
general character.
The power over the Territories Is not broad.
er than that over many other subjects Con
" gress has power to regulate commerce bor-
row money. establish postoffices and post,
roads declare and wage war raise and sup
: port armies. provide and maintain navy.
! and therc is no limitation Immediately asso-
ciated with either OF these grants of power.
VIII II be insisted that in exercising any OF
! these powers the limitations in reference to
+ taxation may be violated
n 1t can not be contended that the power OF
s9nsress IA exercise exclusive leElsation IN
( Columbia is less circumsoribed than that over
= the Territories and veteeighty years ago 1t
was settled by >, the supreme court Of the
: Wheaton. 31T) that the limitations of tho tax
ing power applied to LEGISLATION for the Dis
4 trict OF Columbia. and It is equally well set
1 tied by the same authority (Callan VS.. Will
! son. 127 u. S. $50 that the constitutional
I guarantees In criminal proceedings are Sc
c cured to the people OF that district.
A Both az an original proposition and upon
judicial decision the phrase throughout the
c United States in the taxing clause of tho
: Constitutes embraces the Territories, and
: consequently import duties imposed within or
: respecting them rust be uniform with those
s imposed within or respecting the States.
: Throughout the United States is obviously
. used In the sense of extent or dominion as
o contradistinguishcd from the idea OF political
= entity, and was intended to embrace the area
= over which the jurisdiction aud Overeignty
of the United States 1extends
q At thu time the constitution was framed
. the United States possessed the greater part
n Of tho vast territory qOrth of the Ohio river.
o It was inhabited III an intelligent and sturdy
Il population Jealous Of their rights and privi-
d leges. In the celebrated ordinance which pro
r yided a. government for this territory it was
t. The inhabitants and settlers in the said
d territory shall be subject to nay part
o of the Federal debts contracted or to be
% contracted and proportional part of the
10 expenses OF government to be apportioned
u on them bv congress according TO tine
!. same common rule and measure by which
h apportonmtnts thereof shall BE- made on
5, the other States and the taxea for pay
/ inG their proportion shall be laid aud
: levied by the authority and direction of
" ths LEGISLATURES OF the districts or new
m states MS in the original Stats
II And that
d the navigabe waters leading into the
er Mssssinp and st, Lawrence. and the
., carrying places between the same shall
ID he common hghways and forever free AS
s well to the inhabitants of the said terri
IN tory as to the citizens Of the United states
ID and those of any other State that may be
Is admitted into the confedsracy. without
I'd any tax. impOst. or duty therefor
This ordinance was adopted July 49, 1881
c and tho constitution was signed septeni.
at Der II. 1881
IS 1t is a well known historical fact that the
40 ordinance was brought TO the attention o.
u members Of the constitutional convention
at during its deliberations, and 1T is not to hi
e presumed, In view of the great difficulty in
ID Voved in the adjustment of the OWNERSHIP
Is and future government OF this territory, tina
n this convention intended to subject II ant
the inhabitants to a rule of taxation differ
he ont from the States aud at variance will
ne this ordinance This conclusion Is great,
~ strengthened by the act OF congress approved
or August !. l7S9 which, making no chang
he IN the ordinance az to taxation declared tina
IA, the act was passed so as to adapt the or
q, dinance TO the present constitution OF th
is United states
lg In harmony with this view, Chief Justice
= Marshall said in Loughborough VS.. Blake Il
ca Wheaton. 39l:
or The powsr. then. to lay aud collect
duties. imposts and excuses may be eX-
n ercsed ana must be exercised through
r. out the United States. Does this term
al designate the whole or any particular por-
nj tiou of the American empire2 Certainly
ig this question can admit OF but one ap-
as swer. Il Is the name given TO our great
T. Republic which Is composed Of States
or aud Territories. This District OF Column
50 hia or the territory west OF the Mis-
he souri, 10 not less within the United States
p than Maryland or Pennsylvania: and 1t
IL is not less necessary. on the principles OF