Daily inter mountain., 1900-03-05
People Arr Not Citizens Of
the United States.
A LEGAL OPINION GIVEN
BY the InSular Department of the Sec
retary of War-COngress Has Full
Power in the Matter as President
Cannot Act.

New York. March 5.-A special to the
Herald from Washington says: The
opinion rendered to the secretary of the
war by Charles e. Magoon, law office
division of the insular affairs, on the le
gal status of the territory and the inhab-
itants Of the former Spanish islands ac-
quired by the United States is being
very generally used by senators in the
preparation Of speeches on the Porto
Rican tariff bill.
so long as the political department
Of this government" Mr. Magoon as
erts, elects to treat said islands as be-
ing outside of the territorial boundaries
Of the United States, the question of ex-
Guiding Objectionable persons or races is
Of easy solution. The products Of the
territory have no greater rights of entry
into the United States than have the in
habitants.
The laws of the United States regu-
lating commerce with that territory have
not been altered. Congress has not
changed them, and certainly the execu-
tive, acting alone, cannot do so, and
has not made the attempt to perform
such authorized functions. The laws
regulating navigation and coast trading
in the United States have not been ex-
tended over said territory and cannot be
without appropriate action by congress"
Mr.. Magoon states that the inhabitants
of 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 of the islands
are no more than those of aliens of the
same race coming from foreign lands.
The Chinese residents will be excluded
under the provisions of the Chinese ex-
clusion act.
THE treaty with Spain," the opinion
continues, ibid not attempt to natural
ize the inhabitants of the islands ac-
quired by the United States. On the
contrary, it provided that the civil
rights and political status of the inhab-
itants shall be determined by congress.
1t follows that they can become citizens
only by a specific act of 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
proval of the executive and is not to be
exercised by the president, either as
chief executive or commander-in n-chief
of the military forces.
Mr.. Magoon holds that there can be
no question that the territory without
the boundaries of the United States is
not bound and privileged by our const1-
tuition"
Mr. Magoon believes congress and the
executive must determine whether the
boundaries of the United States shall be
extended to include any or all of the
islands of Porto Rico. the Philippines
and Guam.
Mr.. Magoon denies that the inhabi-
tants of the islands are citizens of the
United States, though he says they are
entitled to call upon this government to
protect them in their rights of property
and person, to preserve the public peace
and maintain law and order, and prevent
encroachments upon territory by for
eign nations. Co-relatively, the inhab-
itants owe allegiance to the sovereignty
and obedience to the laws whereby the
sovereignty and jurisdiction of the Unit
ed States having attached to the islands
persons continuing therein are suDject
to the laws put in force therein by the
United States without regard to theii
in force in other territory subject to the
jurisdiction of the United States.
TT seems incontrovertible," continues
Mr.. Magoon, that the unorganized ter,
: ritory of the United States is not bounG
and benefited by the constitution an6
laws of the United States until congress
has made appropriate provisions there
for And, if congress by appropriate
, action, extend the territorial boundar.
of the United States to include the is
lands acquired by the nation during ths
war with Spain and thereafter continue
said islands in the condition of unorgan
lied territory governed by the sovereign
. powers of the nation, the exercise of sait
sovereignty powers will not .>e directed
Y limited or controlled by the expressed
provisions of the constitution"
E& Naa