The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-22

Of the United states iuesua9, Apih % wy
senate having under consideration tho bill
III r. s245, temporarily TO provide revenues
for the relief OF the island Of Puerto Rico
and for other purposes.
Mr. Culberson said;
Mr. President: Speaking in general terms.
the bill under consideration provides, among
other things, that tarif duties at IL per cent
OF those nxed by the Dingley act shall be
levied upon all articles imported into the
United states from Puerto Rico and upon all
articles imported into Puerto Rico from the
United States, IN my Judgment these duties
are ndefensbe upon moral, economic ana
constitutional grounds. and while my views
are well defined and fixed. they will be pre-
scented with that respect and Difference which
the circumstances and the occasion naturally
suggest.
The distinguished senator from Ohio (Mr.
Foraker), who has charge OF this measure,
has started several times during this debate,
which he has conducted with marked courtesy
and ability, that the doctrine that the consti-
tuition extends over the Territories was in
vented by Mr. Calhoun in lsi9-50 in the in
terest of human slavery. That statement, Mr..
President, has been reiterated by the senator
from New York (Mr Depew), the senator
from Indiana (Mr Beyeridge) and the senator
from Wisconsin tMr. Spooner) with some
thing Of an appeal 70 the prejudices and pas
sions of the unhappy days Of negro servltude.
1t is to be regretted that this yexed 1ues-
ton should have been drawn into this con-
troversy, as the tendency Will be TO prevent
dispasslonate consideration but it is such
20 unchallenged and unretuted. The consu-
tuition itself properly understood aud inter
preted, is the true origin Of the dectrine and
among public men II was first announced in
1906 by Mr.. Jefferson not In the interest of
human slavery to which he was opposed, but
in furthorance Of religious freedom.
In 1909 II was declared In its true breadth
and fullness by Mr. Madison, the author uf
the constitution, and in 1920 by the supreme
court Of the United states, speaking through
Chief Justice Marshall. In the celebrated case
of L0ughborough VS.. Blake, Wheaton Later
on, II | have an opportunity, this opinion OF
the chief justice viii be adverted to more
fully, but 1t occurs 10 me to be appropriate
at this time to read what Mr., Jefferson and
Mr.. Madison said upon the subject
In the second inaugural address Of President
Jefferson he used this language, speaking or
the inhabitants of the Territory OF Louisiana:
In matters OF religion have considered
that its free exercise is placed by the
constitution Independent of the powers OF
the general government have, there
fore. undertaken on no occasion to pre-
scribe the religious exercise suited to It.,
but have left them as the constitution
found them--under the direction aud DIS
oiplne OF the church or State authorities
acknowledged by the several religious 30
cetos.
In 1902 MS have stated President Madison
addressed a letter to the representatives of
the Mississippi Territory, in which this
language was used.
The constitution OF the United States Is
well entitled to the high character you
assign to II 1t is among the proofs OF IT'S
admiration and attachment the most dis
tant members OF the comprehensive family
over whom its guardianship extends And
1t is equally honorable TO their enlarged
patriotism TO cherish those sentiments,
whilst the immaturity Of their situation
suspends a part of the advantages common
20 their fellow citizens of the elder com
prpltes.
In iSi7 President Polk. apeakng of the Ter
ritory Of Oregon. which came TO us by right
OF discovery, declared that the constitution
extended IL in this language.
The attention Of congress was invited at
their last and the preceding session to the
Importance Of establishing Territorial
government over our possessions in Ore
gon. and it Is to he regretted that there
was no legislation on the subject. Our
citizens who inhabit that distant region Of
country are still left without the protec
tion Of our laws, or any regularly or
e0nized government.
Before the question Of limits aud bour
daries of the Territory of Oregon was den-
nitely settled, from the necessity Of their
condition the inhabitants had established
o temporary government Of their own Be-
sides the want of legal authority for
tinuing such government, it is wholly
Inadequate TO protect them in their rights
Of person and property or to secure to
them the enjoyment Of the privileges OF
other citizens, TO which they are entitled
under the constitution Of the United states.
They should have thu right Of suffrage, be
represented in A Territorial legislature
and by a delegate in congress and possess
All the rights and privileges which citizens
United States have heretofore enjoyed or
may now enjoy
In lsiS, in his fourth annual message t,
congress. President Polk declased that tn
constitution OF the United States extended
over the Territory Of California. saying;
Upon the exchange OF rat1fcations OF the
treaty Of peace with Mexico, on the 30th
Of May last, the temporary governments
which had becn established over New Mex
leo and California by our military and
naval commanders by virtue of the rights
dartVA
force from that source OF authority aud
having been ceded 10 the United States.
all government and control over them
nnder the authority Of VI % had ceased
10 exist.
Impressed with the necessity of estap-
fishing Territorial governments over them,
recommended tho subject TO tho favorable
consideration Of congress in my message
communicating the ratified treaty Of peace
on the 9Th OF July last aud invoked their
action at that session. Congress- nd
tourned without making any provision for
their government Tho inhabitants by the
transfer of their country had become
entitled TO the benefit OF our laws and
constitution, and yet were left without
any regularly organized government,
since that time the very limited power
possessed by the executive has been exer-
cised to preserve and protect them from
inevitable consequences Of state OF an
erchy,
Mr. President this Is not ALL This dOctrin
was not only announced. as | have indicated
by eminent men of the democratic persuasion
from Ohio referred but, sir. every politiel
party established In the United states while
advocated the abolition OF slavery declared b
their platforms that appropriate provisions {
the constitution OF the United States extende
over the Territories. II was not untll tn
question arose here quite recently that the r,
publican party assumed a different positlo
upon It.
! bog to call the attention OF the sena
TO proof OF the assertion which make IN
all political parties established in the Unite
States which advocated the abolition Of sa,
cry, including the republican party announet
the doctrine that appropriate provisions
the constitution extended to the Tcrritoris
In 1874 the liberty convention declared:
That the fundamental truths OF the Dec
laration OF Independence, that all mon are
endowed by their Creator with certain
inallenable rights, among which are life
liberty and the pursuit Of happiness, was
made the fundamental law OF our National
government by that amendment OF thu
constitution which declares that no per.
son shall be deprived OF life, liberty Oh
property without due process OF law
That the general government has unde
the constitution, no power 10 establish d
continue slavery anywhere. and therefor
that all treaties and acts Of congress es
tabishlng, continuing or fagoring SLAYER,
In the District OF Columbia In the Terri
tory or Florida. or on the high seas ar
uuconstitutnnal and all atternnta IN hol