The times. [volume] (Richmond, Va.) 1890-1903, 1900-10-09
rHEExT.sNrTo WHICH THE con.
sT11rTIoN FOLLOWS THE FLAG

sTIII-TION EDIsLONNSTHI5 FLAG
There .as been 50 much tru1npery ana
:,c,,sens,. written and published within the
last two years concerning 1.-The Cons'it'l-
salFon following the flag and the power OF
Congress over Rewsy-acqn;red territory,
that 4 is ai,ou; time there Should be
statement made Of the PRINCIPLES which
govern these matters as they have been
automatically expoundei and declared by
The properly constituted authorities Of our
country.
one side in this ser,ssless controversy
has been ciamoring w:th the full power Of
it's lungs that the Constitution follows the
flag ard that Congress is incompetent TO
40 as /; VII in ne1rly-made territory. The
other side, VII, equal 9ellemence AMI no
more sense, declares that Congress may
do whatever il pleases in the newly-ac-
CURED territory. Both Of these parties
have clements of right in the contention
and both of them have elements of wroog
in them Since the formation of our. Gov
eminent, beginning with the century, we
have acquired a great deal of new tarri-
tory AMI IT has been the constant practice
OF Congress to legislate for that new ter
,itory with free hand, and this practice
has been approved Of by ali of our states
nlen and b. every department OF The Gov
eminent. Yet, there is certainly some leg
isia1ion concerning the newly-acGuired ter
r.to7y which Congress has no power under
cur Constitution TO enact. The line OF
rates legislation dealing WITH the general
affairs of Government and administration
from legislation which undertakes to in
fringe the rights that inhere IN every citi-
zen OF the Un.tel states in his capacity
OF citizen Of the United States. The iegis-
lat:ua wa:ct Congress has applied 10 Porto
Rico contains a complete illustration OF the
distinction. No one Will undertake TO deny
that the act of Congress which provided a
civil government for Porto Rico is a valid
exercise of the authority of Congress But
ii is confidently claimed that the act of
Congresewilch requires a citizen of Porto
Rico to pay a duty uEon his goods that
enter the port Of Ncw York. that other
citizens OF the United States are not re-
quired to pay, is a vo.d attempt at legis-
lation. The one act deals With the general
affairs Of Government, while the other in
fringes upon the inherent rights Of a citi-
zen of the United States which can be IN
;el.feresl with by no power. The just con-
c!us:Cg,, therefore. is that Congress can leg
islate for newiy-acqu.red territory, but it
must DO 50 subject to ali Of the expressed
ami implied prohibitions of the Constitu-
ton.
That this matter may be made perfectly
plain. we go into ii little deeper. In the
case OF Crandali KS. the State of Nevada,
reported in cth Wallace, dealing with an
attempt by the State OF Nevada 10 inter-
fere witl, perfectly free transit across her
territory, the Supreme Court of the United
States declared that this could not be
done. 1t said the Government had the
right TO send It's agencies Backwards and
forwards through an parts of the United
States without let or hindrance of any
kind. and that it had a right to cail for its
citizens to come 10 Washington as ii
wanted them without let or findrance of
any KIND. Conversely, then, it said:
But if the Government has these rights
on her own account the citizen also has
corTelative rights. He has the right to
Come no the seat Of government to assert
any calm ne may have upon that govern
inent or 10 transact any business he may
nave With it. to seek its protection, to
share its offices, to engage in administer
ing its function. He has a right to free
access 10 its seaports through which all
the operations of foreign trade ana COM
merce are conducted 10 the sub-treasiiries.
the land offices. the revenue offices and
the courts OF justice in aae several States,
ard TINS r!Siat is in its nature Independent
OF the law OF any State over whose soil
ne must pass in The exercise of it,
The Fourteenth Amendment to the Con
statution Of the United States declares that
all citizens of the United States have cer-
tain inherent privileges ana immunt.es,
ana the Supreme Court. of the United
States has decided in the Slaugi,ter-house
cases, 18th Wallace, at pase a. that the
rights mentioned by the Court IN the
above quotation are OF those privileges and
if1mn1ities Of citizens OF the United States.
These. then. are fundamental rights of
United States citizenship which the SUI
preme Court declares that tl1e States can
IN nowlse abrage But the Fifth A1nend-
nlent 70 the Constitution n providing that
Congress shall deprive no person of life,
liberty or property wtthoue lie process OF
LAW, puts The pfaoh.nit:on upon Congress to
interfere VITA tEese fundamental r.ghts of
citizenship just as effectuaisy as the Coa-
stftution has prohibited the States from
interfering WITH them, and in the same
case OF Csa,r5ail VS.. Nevada, 9th Wallace,
a. page IS. ttle Court. quoting from pre-
vious- opinion OF Chief Justice fancy, de-
clares that the citizens of the territories
of the United States have these funda-
mental rights of citizenship in all respects
as conaplete as though they were citizens