New-York tribune., 1900-05-08
JUDGE LOCHREN'.S DECISION.
OPINION IN WHICH HE HOLDS THAT con-
sTITUTION EXTENDS TO PORTO RICO.

81 Paul MINI. May Judge Lochren to-day
nied IN the United States Circuit Court his decision
on the application of Rafael Ortiz. Porto Rican,
10 De released from the Minnesota State prison.
ortiz was convicted by military tribunal in Porto
hNico OF the murder OF United States soldier and
condemned to die. The sentence coumuted TO
NE Imprisonment The application for release was
Dased on the claim that the military authorities
mad no Jurisdiction Ortiz that peace had been
declared and that he should have civil trial
Judge Lochren refused the application in oral
decision Thursday last, and to-day filed an ex-
haustive opinion thereon. The decision has evoked
great interest throughout the country, 1t bears
largely on constitutional questions. which have
arisen on the position Of Porto Rico territory
OF the United States. The decision says:
Our o enc was vas founded by the
ehe arbitrary power asserted by Great Britain 70
govern her outlying colonies at the will OF her
upon the asserted theory that all just powers OF
government come from the consent OF the g4Verned'
| in language not yet forgotten, "a Government OF
hdeed marveous e Il IS MADE appear that
ment so constructed 1t that It is capable of ruling
with unlimited power q subject people, who nave
in the Government This is foreign absolutisn-
If the Constitution does not extend TO Porto Rico
and our new acquistions of terrtory ooTgTess {Ifs
subject governments make laws for such terri
tories; 1t has the power 10 establish Dependent mon
arches or satrapies, State religions ana even sas
cry The argument Of one OF the senator's pd
prevents the establishment there Of slavery
is obviously lame and inpotent for II me on On
domain of the United States TO limit Congress IN
viii this single clause of an amendment Of that
instrument detach itself from the skin Of the parcn-
Inent ana alone fasten ltselI upon ihese ne" - ~
tories? II il be considered that this clause OF the
tends to these new territories or limits powers
or Iongress PesPecTRs s mem eGy,a notent To
say that clause in the Constitution does not ex
tend TO d territory, but does limit the power OF
Congress in legisating for the territory, is TO
draw distinction too fine TO be practical No
tional Government has not the power to deal & with
tuition its power is less than that possessed by
the other Governments Of the cvilIzed world d Is
admitted II nothing The National Gov
eminent is one of limited powers. In respect 10
except IN respct n to its power to deal with foreign
nations and concerning matters exPressIg COM M
much less than those possessed by other Govern
The National Government Of the United States
was created and its powers and jurisdiction GRANTED
can only be increased by amendmenr c+ OF ena1 IN
70 anGIIire a5gt{onai +erritorv rests upon its con
stitutouaI power TO make war. which may result
which may bring territory BY cessation. The power
the power 10 admit new States and TO make all
needful rules and regulations respecting the errl
tory or other property belonging 10 the United
This clause authorizes Congress 10 legislate in
respect TO territory in local. well as National.
matters before IT'S admission TO Statehood IN the the
gress to govern territory ceded TO the United
q
and through the terms OF the treaty OF cesslon ana
that the General Government can exercise powers
thus granted by foreign sovereign Independent OF
ano ID y - JA III f7,+GITe snail bv It's enact
rent see fl to extend the Constitution over the
territory. is contrary TO the holding or the Su-
that the General Government is one Of enumerated
powers. and claim and exercise no power not
granted TO II by the CONSTITUTION, eltner expressly
or by necessary implication It is clear that the
! General Government cannot legislate over terri
tory where the Constitution from which It's every
power is derived does not extend. The ConstlLu-
-4p7 y-7T7E- he in a
Iegfslate respecting it. No foreign sovereign
power.
Numerous decisions are cited IN support OF the
opinion, and ii continues:
United States of Porto Rico that island be-
came part OF the dominion Of the United states
the Constitution OF the United States ex proprla
vigore extended over that Island, and that
this extension of the Constitution gave Congress,
whose every power must come from InaL Ilslru-
rnent the authority egislate in respect 10 that
island part Of the United States territory. 1t
! that al provisions Of the Constitution
ir -egnecr m nersonal and uroperty rights includ-
ing the right TO trial by jury IN criminal prosect-
| ton became at when the cessiOn was COM
! The character Of an offence and the nature OF It's
! Drnishrneut would be determined by the law IN
! force where and when the act was committed ana
/ character remain IN IoTce aILeT me
changed: but the manner OF trial must
! depend on the in force when the trial IS mad;
/ even though the establishment and organization or
/ rn11sr be awaited before the trial can be
| had.
The decision states that military law being the
sole authority the acts of military court were en-
ttrelv legal and the petition for writ Of habeas
| corpus was denied