The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-21
ports, the court through Justice Harlan,

| po' tSI aut Nouitr Auipubh JhstiSe iiai idh
said:
" That the provisions Of the Constitution o
the United states relating 10 the right of tris
by jury in suits AZ common law apply to tn
Territories Of the United States Is no longer 81
open question
I'm Murphy vs.. Ramsey u1i L. S. Re
ports) the court said:
a. The people Of the United States as sovereign
owners OF national Territories have supreme powH
over them and their inhabitants In the exercise
OF this sovereign dominion they are Represented
by the Government Of the United states, TO whom
all the powers Of the Government over that subject
have been delegated. subicct only to such restric
tons as arc expressed in the Constitution or az
necessarily implied an It's terms.
In Callan VS.. Wilson az L s. Re-
ports) the court said:
There i nothing IN the history Of the Con
stitulon or Of the original amendments 90 justify
the assertion that the people uf this District may
| be Lawfully deprived Of tic benefit OF any Of the
| constitutional guarantees Il life. liberty. anu
| property. and especially OF the privilege Of the
! trial By jury IN criminal cases. We
| cannot think that tie people Of this District
! have. in that regard, lcsS rights than those ae-
corded 10 the people Of the Territories Of the
United States
! I'm the celebrated case OF bred Scott VS..
Sanford (1s Towards Reports this terri
torlal question is exclusively discussed,
! and though there we're dissenting opinions
in the case. the discussion of that ques-
tion is Instructive. Upon the pending
| question, lever. there was no difference
of opini - by the learned judges. the ma
| iority OF the court and the dissenting JUS
tees agreeing in the conclusion reached.
The able Chief Justice, II. b. fancy, among
other things, said;
d" There is certainly no power given by the
Constitution TO the Federal Government to es-
tablish maintain colonies bordering the
United States at distance. to be ruled and
governed al its own pleasure, nor 90 enlarge its
territorial limits in any way except by the ad-
mission Of new States. That power is plainly
given. and IL a new State is admitted il needs
no further legislation by Congress. because the
Constitution itself defines the relative rights
and powers and duties OF the State and the citi
zens OF the State and the Federal Government.
Blu; no power is given to acquire Territory 10
I've held and governed permanently in that char
actcr.
And. indeed, the power exercised by Con-
Eress 10 acquire territory and establish gov
eminent there according to its own unlimited
discretion was viewed with great jealousy by
the leading statesmen Of the day.
I'VE DO not mean, however. to question the
power of Congress in this respect. The
power 10 expand the territory OF the United
States by the admission Of new States is plainly
given, and in the construction Of this power
by sll thc departments OF the Government il has
been held to authorize the acquisition OF 4 Ter
utofy not Ut Tor admission at the time but 10
he admitted az soon its population would
cnttle it &c admission. II il acquired IL he
como n State. snd not to be held rs a colony
aud governed by Congress with absolute author
ity aud as the pEnpriety Of admitting a
state u committed 10 The sound discretion OF
Congress the power TO acquire territory for that
purpose. TO be held by the United States until
it is in suitable condition to become state
upon an cqusl footing with the other States,
must rest upon the same discretion
Justice Mclean said:
g liz organizing the government Of Territory
Congress "a limited 10 means appropriate 10 the
attainment Of the constitutional object. No
powers ear be exercised which are prohibited by
the Constitution or which are contrary TO Il.
spirit, so that. whether the object may be tie
protection Of The persons and property Of pur-
chasers OF ilie public laEds or OF communities
WHO have been annexed to the Union by conquest
or purchase, they initia,ory 10 the establish
can be claimed exercised than is necessary TO
the attainment 81 the end. This Is the limitat on
oilall the Federal powers.
'Juetice Curtis gave especial attention &c
the language quoted. and said in respect
TO it:
since. then. this power was mauifestly con. ,
its public lands to settlers. and to admit them !
into the Union States, wien in tho Judgment
Of Songrcss they should be fitted therefor: since
these were the needs provided for: since Z, is con-
fessed that government is indispensable 10 provide
for those needs. aud The power is TO make al
necdfi rules aud regulations respecting the Ter /
ritory ] cannot doubt thst this Is power 10 |
govern the inhabitants ct the Territory hy SUCH \
laws a. Congress deems ncedful until they obtain
7c1riss0n - states.
sTbe same Jus.ice said.
" II. then this clarsc does contain a power 10 !
esisiste tespeCting the Territory. what are the l
limits 10 tiist powerg To this ansSer that 10 1
'ounncn With atl tie ether legislative powers Of i
ongross il finds limits in the express prohibitions
II Congress not 10 DO certain things; that in the
'Nercise Of the legislative power Congress cannot |
,sss an eV post facio law bill OF attsinder. |
mi so in respect each of the other prohibitions
Contained in the Constitution "
There is no room for the smallest doubt
that all honest Americans. whatever may
be their politics or prejudices, who study
these decisions, covering as they do every
phase OF the claims made by the men who
are trying to destroy the starving Porto
Ricans for the benefit of the Republican |
fund. will readily reach the con-
,lusion that The Times has been right in
lenouncing the Payne bill as ubiquitous
and unconstitutional. and in predicting its
by the Supreme Court should
il become law. on the first ties: case I'M
der It submitted 10 that tribunal Yet.
1t will be enacted. The Consti-
luton never stands in the way of the Re-
publican party as at present organized
and directed when there is money in sight.