New-York tribune., 1900-09-23

hence to govern IT, The Democratic party denies denies
this and thus another important ss1Sn cGnSsu5i0nIh In
tsio the supreme Court announced these views:
ePtoPS h is tSd Se
acquire and to hold terrtory % af Mr. Jus
tice Bpadiey Ito hold that the United states has
to asSgss tSTfif0fy s e. no "
The Constitution specifically desgnates C1ngaeSSs co geS
as the sole agent of sovereignty Ito make az! nseo
fu rules and regulations respecting the f ybIs
f6e Dover nee of coRsress said Mr. Justice Miller in the
Kagama case 0ls u $, $50, 10 orsa.'it s tSeir In
habitants arises not much from the CLAUSE IN N
the Constitution in regard 10 the terri
tory and other property of the United states as
IRON rptories 5 are and the right of exclusive
ny which m tSd exist in sns This
although one Of the most important mas ngTeT he
authority that the Nation possesses the power, to
govern territories Independent OF the constitution
aS ut w6steTer may be the source Of the power to
t tee e
has unlimited power to govern the rniPptgIS dPtI oS
Indirectly. temporarily or permanently Fifty years
the Supreme Court s n Ine
under the Constitution, nor subject to its complex
organjc law but are the creations exclusively Of
the legislative department and subject TO its super,
Waite sustaining this power Of Congress res said;
ss s n6 gcded Mfnn in hs snT sae
be governed by under the authority OF Consress;
over the people of the Territories and all the de-
partments Of the territorial goyerHmeInts a tl IN G
ordaining - government for the Territories,
M wneh 4 Raqqs ~ to sgSaSSs Ss
Of Congress the TerTitoFi;ss is as general n ED ED
And the Court. summarizing the whole matter, an
nounced this opinion through MI Justice BrgWea
by Congress ali whose powers are created by Con
sFs sn6 ali %hoSe @ s'fs + are & ssS'e'' 70
The Republican contentious are, therefore, cor cor
ereignty extends there right TO acquire, and to
hold and govern, extends also Inc locaom los 4 nT
remote on the American continent or In foreign
an6s Ia od our d a6Sact gR' @ general and penary in
the Philippines in Alaska or Arizona
FORM OF GOVERNMENT DISCRETIONARY.
Under this full and comprehensive authority, the
eoIernmeat TO be established in the Philippines is
absolutely in Congressional discretion we can TS
out the consent of the governed. ,, H..
z. foT 1894 oT @ @ f tas f the oTm Of
eminent Nicholson. of Delaware said: 1t Is in the
lated without any reference to the Constitution" ="
Concerning the statute orgsnzinig the h IcontiDu
ing the existing Spanish goyernme9t putting tne
m ri is oaef RaGs Gf the acs Of
and placing the appointment Of r. az for Ineee o
the Orleans government was repeatedly sustained
e 2 &c couff held A the discretion which
Legislative power is vested in Congress ana thaI
time the form Of the local government, in par ar
ucular territory g14 Z 40 There & can tbe be aI1o no
thority of Congress to enact such forms OF terri
choose or deem best" 90 Fed. Rep. 2o5)
DIRECT RULE FROM WASHINGTON.
All the functions of government being within
Congressional discretion, the Republican party
also claims That Congress may exercise them di3
indianapolis that this was violent abuse OF the
AIaska Was ceded to US in 1867 without any treaty
covenants for future admission as a state otae. ne
operative therein, and only such laws have been
quired For th!rty-three years a new judicial and
executive but no legislative functions OF govern
-ven the act Of June 6, 1900. conferred no powers
Of sefgoveFnnlen5 Il was mercy an an aGt i OF Lon on
arnmenJ cf he Territory. Alaska Is stiii an uHor-
as969 a. s Rev ssf Sec o 4 In 1913 indian
Territory was purchased from France For neariiE
one hundred years II has remained an ui i
Territory Il has no loci gqyer4meat but IKE IKE
cic decision authorizing s9ch dliecl RUE was haiT T
in the Xanllton case: "GQngTsss may @ m0{ C}i 9Hly
Justice Waite, "Dut it may itself legslaJe directly
for the local goyernment" Q9l l. s IS22 Hence
an municipal laws for the Philippines as it does
were in power previous TO the Civil War and foI
eight years since, If the Republican policy is sc
establish local government and empower Alaska
and Indian Territory to rule themselves as dc
Arizona and New-MeXtco?
BRYAN AND THE DRIED SCOTT CASE.
! The Republican party further maintains tha
ne right 10 govern Territories temporarily or per
manently is also in the discretion of Congress The
| Of soil acquired by this Nation is impressed with
| a trust franchise Of statehood. and that the
Constitution prohibits its acquisition except rol
| Colonel Bryan challenges Republicans to refutt
this doctrine. III Republicans have authority fo
| H." On what does me Democracy base it's conten
! tion? Solely the Dred Scott case. Chief Justice
Tancy's words are historic There is cerainl!
!
| Government" he said, 30 establish maintain
distance. 70 be ruled and governed at its own
pleasure, nor 10 enlarge its territorial limits in an
way except by the admission OF new States q
al am Of opinion that this declaration Il
not dictum, as often contended but vital par
| Of the decision; an essential step in elaborate
| that the Missouri Compromise unconstitutiona
and Rsd fStt d at glaze and dadIo 90t citizen
pdcialy reiterated & Nc G9prt ever coneIrred in i
| the bad eninence of ante-beum conflicts; its yer,
| title Is odioQs and sends a shuddeT through a re
united people Such is the only decision agains
ielNThe decision is either law or not law. I
sdsTatiGn ;d and invalid as j.. to slavery, @ aar
Ns Save It t5 ema If fa oy s Dre
decision d laE then the -Four
nufed; the MissoGri Compromise was unconstitu
rores 'nd' and the can negro has no nights which @
d h1 Is P9Tad to GeSPsc this ds a m
| (d)-The major premises of Judge Taney's ar
gument against colonies is that sole author1t
| 10 acquire territory is derived from the power I
accepted by any other Judge or court On the con
| &c Wall 484; 1876 u. s AZ; i37 U. S. A2) The su
preme Court having held it utterly fallacious, a.
his arguments fall with 1t. His conclusion, there
| fore, that cannot hold territories per fall
also. and is dead to the American people q
the Stamp or statutes against witchcraft.
(e)-The utter futity Of the declaration shoul
be observed. 1t is without practical value. Wha
| right had the Court TO make it? What 1urisdictio
had it over the subject? Can injunction re
strain the Senate? Can the President be enjoined
How will the Supreme Court prohibit this sovereig
| Nation from extending its sovereignty over cor
quered territory? The error is fundamental Judg