Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1900-03-06
CONGRESS MUST ACT.
Magoon Holds spanish Islands Coded Not
In United states Territory.

In United states Territory.
Washington, March 8. The opinion
rendered TO the secretary Of war by
Charles Z. Magoon. law officer Of the
division 81 insular affairs. ON the legal
status Of the territory and inhabitants
OF the former Spanish islands acquired
BY the United States. is being very gen.
orally used by senator's In the prepara.
ton Of speeches on the Puerto Rican tar.
M bill.
80 long as the political department
OF this government. MIR. MagOon asserts,
"elcctS 10 treat said islands as beingout.
side OF tho territorial boundaries OF the
United States, the question Of excluding
objectionable persons or races is Of easy
solution. The products " tho territory
have no greater rights Of entry
into thu United States than have the
inhabitants.
1.-THE laws Of the United States rcgu.
lAting commerce with that territory have
not been altered. Congress has not
changed them. and certainly the cxecu.
tive. acting alone, cannot do 50, and has
not made the attempt to perform such
Unauthorized functions The laws rcgu.
lAting navigation and coast trading In
the United States have not been extend.
I'd over said territory and cannot b.
without appropriate action by congress. "
Mr Magoon states that the inhab-
itants or the islands. not being citizens
Of the United States, do not possess the
right Of free entry into the United
States The rights Of immigration into
the United States by the inhabitants are
no more than those Of aliens Of the same
race coming from foreign lands. The
Chinese residents therein will be abso'
lutely excluded under the provisions Of
the Chinese exclusion act.
1.-THE treaty with Spain" the opinion
continues. "did not attempt TO natural.
ize the inhabitants Of the islands ac-
quired by the United States On the
contrary. it provided that thecivil rights
and political status Of the inhabitants
shall be- determined by congress II fol-
lows that they can become citizens only
by a specific act q congress"
Mr.. Magoon says the power TO extend
or contract the territorial boundaries OF
the United States Is vested In the two
houses Of congress. acting with the APP
prevail Of the executive, and Is not 10 BE-
exercised by the president, either as
chief executive or ascommauderin-chief
Of the military forces.
Mr. Magoon holds that there be no
question that territory without the
boundaries Of the United States is not
bound and priuledeod by our constitu-
ton"
Mr. Magoon believes congress and the
executive must determine whether the
boundaries Of be United States shall
b. extended 10 include any or all Of the
islands Of Puerto Rico, the Philippines
and Guam.
Mr.. Magoon denies that the inhahi-
tants Of the islands are citizens Of the
United States. though he says they are
entitled 10 call upon this government to
protect them In their rights Of property
and person, 20 preserve the public peace,
maintain law and order aud prevent en-
cruachments upon the territory by for
eign nations. CorreAiiyely the inhabi-
tants owe allegiance 10 the sovereignty
aud obedience 20 the laws whereby the
sovereignty undertakes 90 discharge the
obligation. The sovereignty and Juris-
diction Of the United States having At
tached Ia the islands, persons continuing
therein are subject 10 the laws put in
/ force therein by the United States with
out regard 10 their citizenship with such
exceptions ~ are Ia force Ia other terri.
tory subject a. the jurisdiction u the
| United States.
1T seems incontroycrtible, says Mr..
| Mago0n, that the unorgani1ed terrific
rs uf the United States is not bound and
benefited by the constitution and laws
Of the United States until congress has
made appropriate provisions therefor.
Aud II congress shall by appropriate ac'
ton, extend the territorial boundaries OF
the United States 10 include the islands
acquired by the nation during the late
war with Spain, and thereafter continue
said islands In the condition u unorgnn.
lied territory governed by the sovereign
powers u the nation, the exercise Of said
sovereign powers will not be- directed.
OF controlled by theexpressod provisions
of the constitution.