The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-31
SENATOR EDMUNOs' VIEWS on
THE CONSTITUTION FOL
LOWING THE FLAG.


hiss. It's folly - be wise" Still The
Republican feels constrained to show bSx
far out Of the way il Vas yesterday
/ morning In pretending 70 quote from
EX-SENATOR George +. Efmunds to the
eject that that learned constitutional
lavyer had beSd that the Constitution did
| not follow the flag
To ans man who has Kept himself in
I formed of current history for TIE last few
ytars 81 : weIi known fact that Mr.
| E5munds was. and Is. opposed to the
Porto Rico bill and b<lieTes it unconsti-
tutiouaL A great point Is attempted to
h. made over the expression citizens or
subjects by Mr. Edmunds- Every reai-
er knows that in every locality there are
both citizens and subjects OF the so1r-
! eign poxer There are alien residents of
/ Hawaii who ara not citizens OF the Unit
81 States nor Of the Territory of Hawaii
and yet they are subjects Of the United
4 States and will continue to be 80 as long
a. they continue to reside on soil belong
/ INK to the United States So it will be
seen that this expression has 10 bearing
| upon the subject at issue 1t means just
/ what Mr. Edmunis meant il should
mean: that the inhabitants of the Phil
! ippine islands are citizens or subjects of
the United States. TO which country the
| Philippines belong.
But let Us to the point and see what
ex- Senator Edmunds thinks Of the dogma
that the Constitution does not follow the
flag in the territories or new possessions
of the United States. In the discussion
over the Porto Rican bill in the senate on
March 2G. 1900. Senator Redfield Proc
tor of Vermont who succeeded to Mr..
Edmund's seat in that body upon the laJ-
ter's resignation. said; Il do not pro-
pose TO discuss the question. but upon it
and the general purpose of this bill will
ask the secretary to read a letter from
one who held an honored seat in this
chamber for n quarter of century, the
Hon. George +. Edmunds."
The secretary read as follows:
Philadelphia. Pa, March 81. 1900.
My Dear Sir: I have yours of the
citizen and an original and constant re
publican, am very glad to learn that you
are opposed to legislation having the ef-
feet of imposing on the people of Puerto
Rico whether we call them citizens or
subjects of the United States any kind
of revenue burden or benefit that is not
common TO the whole people of the Unit
ed States Any such measure, If enact
ed, will, l believe be unique in our whole
L. T. 4 L
acts of the British parliament which
forced our fathers TO just resistance and
revolution and led them TO establish
Constitution which in studied and ex-
plicit terms forbade any such discriIa-
ination.
| know there are many gentlemen en-
gagged in public affairs whose intelligence
and patriotism are above question who
believe that our Constitution does not
embrace the territories. and that as TO
them the president and congress possess
the same omnipotent powers that the
British crown and parliament have al
ways possessed over their possessions.
While | think that position is untenable
as a matter of law, l believe the pro-
posed action is still less defensible
viewed in the light of those principles
of liberty. justice and equality of rights
we all profess to believe in. and which
not, are still living and will live and
bear fruits more and more among men.
in spite of all the tyrants-well-mean
ing or otherwise-in the world.
| need not weary you by referring TO
the often stated arguments on the gen
eral subject. but | will mention one as
pect of it which. so far as l have no.
ticed, has not been particularly advert |
ed TO. Congress is the creature of the
Constitution and not the reverse A
law passed by congress is its creation.
a mere expression of its will, which it
may repeal or change at pleasure Ii,
therefore, (assuming that the Constitu- |
ton does not exist in Puerto Rico),
congress were TO enact statute de- /
claring that the present Constitution |
shall be extended over and be in force |
in that island the Constitution gets its l
only force there by the virtue of the /
statute. Ii is q statutory constitution |
and nothing else, and repeal of the /
statute would extinguish it.
But the Constitution as such, sup
pose all admit. is not subject to the con-
troll Of congress, either 10 enldrge or Ii 1
Rginish, 10 erpsnd or contract. or TO be
applied TO or Icithdraioa from a,sy people
or place. IL IS NOT fnorabLe thing Ike
the ARK Of the Conreadnt of the Israel |
ties. to be set up AID psored here or there.
as the tribes might scander 1t is the
actual ercHt and condition aud NOT the
legisla'ire or erecHtire ,cin that mus. tn I
the nature Of things determine the status
Df mdH or a cosatry under st.
The instances in which congress has |
declared in statutes Organizing territories |
that the Constitution and laws should be
in force there, are no evidence that they 1
we're not already there, for congress and
I'll legislative hodies have often made en-
sctments that in effect merely declared
existing law. In such cases they declare
pre-existing truth TO ease the doubts of
'asuists. Puerto Rico and it's people
ame under the sovereignty of the United
states by force of the treaty with Spain,
md | think all will agree that IL any
'art OF the people of the island levied war |
esinst the United States or adhered 20
ur enemies. etc, they would be guilty of
reason. But treason is an exclusively
esned constitutional crime. and it can !
lot exist on the island unless the Consri-
ution that defines il is in force there
Apart. however, from considerations of I
fundamental equal Law for all who owe
liegisnce to our isg Of liberty aud JUS
ice. there are, II seems TO me- other very ,
Feighty and commanding reasons why we
hould treat the people of Puerto Rico |
n the basis of absolute civil equality of I
ight and circumstance with the citizens {
our states and home territories and in ,
oing so il, as is oontended. the Consti- !.
ation Is not in force there we make no
recedent for the territories on the other {
ide OF the globe. for. like all measures /,
Iithin the discretion of congress. each