The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-12-19
RIGHT OF SOVEREIGNTY CONVEY
ed TO UNITED STATES
BY SPAIN.
Brief Filed in United States Supreme
Court Contends the Islands Thus
Acquired Come Under the consti-
tUtionsi Authority Of Congress.

in the Pepke case TO test the constitu
tional status OF the Philippines in the
supreme court. has been filed. Pepke,
il may be recalled. was an honorabiy
discharged American soldier who
brought back from the Phllippin IS
fourteen diamond rings. These were
seized by a customs officer for non
payment Of duty. His attorneys ar
que.
a. That by the treaty Of peace
between the United States and Spain
the Philippine Islands became part
OF the United States, and both govern
ment and citizens OF the United States
entered the islands under the authori-
Is OF the constitution, and with their
respective rights defined, and that the
government can exercise no power
over the personal property of citizen
beyond what the constitution confers,
or lawfully deny any right which it
has reserved to him;
p That, being part Of the Unit
ed States. the Philippine Islands are
subject to the provisions Of the consti-
tuition giving congress power to legis-
late exclusively over the district
adopted as the seat Of government Of
the United States and over places
purchased by the consent OF the legis-
lature of the state in which the same
shall be. for the erection of forts,
magazines" etc; and also OF the
clauses forbidding taxes or duties IN
exports from any state, preference to
the ports OF one state over those of
another. and the levy OF duties upon
vessels passing from one state TO an
other; there being nothing differently
stipulated in the treaty with respect
TO commerce; and
81 That the President of the Unit
ed States has no legislative power. so
that the imposition of customs duties
upon commerce between these islands
and other parts OF the United States
is without lawful authority, and the
seizure OF the appellants property was
without due process of law.
The authors of the brief admit the
right of sovereignty in the Philippines
conveyed TO the United States ny
Spain. The uncivilized native inhabi-
tants. they say, are. in the accepted
view of civilized nations. mere occu-
pants OF the soil, and pass with the
cession by one sovereignty TO another.
The same distinctions obtain between
the civilized inhabitants and the IN
civilized natives in the Philippines as
in New Mexico, Arizona and Alaska.
which also came into the possession
OF the United States by purchase. the
civilized inhabitants being properly
designated as part of the people ~
the United States. but the uncivilized
natives not. Congress and the execu-
tive, in dealing with territory which
under the treaty of Paris became a
part OF the United States. are subject
TO the provisions of the constitution:
for IL the constitutional rights in such
territory exist only through legisla-
tive action. OBVIOUSLY the benefits OF
the constitution may be withdrawn by
the same authority. and we have an
absolutism asserted with reference 20
the powers OF congress over colonies
which oonfessedly does not belong TO
the parliament OF our mother country
There is nothing in the distinction
which has been suggested between the
present case and the cases arising un-
der the Louisiana treaty. that that
treaty. unlike the treaty OF Paris.
bound the United States to protect and
maintain the inhabitants of the ceded
territory lin the free enjoyment OF
their property until they were incorpo-
rated into the union. and when they
were SO Incorporated to admit them
TO the enjoyment Of all the rights.
advantages and immunities Of citizens
OF the United States; for in the Pei.
lard case. II Pet. 277. the court said
that. even II the United States held
the disputed territory at the time OF
its incorporation into the union. with
ont the color OF right. or had East
Florida been so Incorporated before
the treaty OF 1919. the consequences
would have been the same" since ''hy
the very and sole act OF such incor.
poration the inhabitants became ei.i.
zens Of the United States. their prop
erty was protected. and alien proprle-
tors became entitled TO all rights Sc
cured 10 them BY any treaty between
their sovereign and the United States.
Attic jury trial Of the Cross case.
Ie How. 1875. the court held that by
the notifications OF the treaty OF Qua
daiupe Hidaigo. California became
part OF the United States and. there
being nothing differently stipulated
IN the treaty with respect TO com.
merce. il became instantly bound aud
privileged by the laws which congress
bad passed 10 raise a revenue from
duties on imports and tonnage The
case turned upon the levy Of duties
on foreign goods. and the court made
all its references 10 these goods IS
foreign so explicit as TO justify the
inference that California had become
also privileged by" the limits placed