The Pacific commercial advertiser., 1900-10-19

gress Of the United States shall otherwise determne
clear from the authorities cited that the Hawaiian
Islands of the territory of the United States on the
10th day of August $685. as the State of Indians or
the Territory of New Mexico
Was the Constitution of the United States force here then
the 5th and 9th amendments claimed for the petoner
These amendments follows:
mo person shall be held for capital or otherwise
infamous crime, unless presentment Indictment by
grand jury except the land forces
In the militia when in actual in time of public
danger shall be for the be
twice put jeopardy of life limb shall he be compelled
IN criminal be witness against hmsef be de-
prived OF fe liberty prosperity without due process of law;
nor shall private property be taken for public without just
compensation. 9Th Amend. q. S. Const
ln all criminal prosecutions the accused shall enjoy right
to speedy and public trial by impartial jury of the and
district wherein the shall have been (which
district shall have been previously asceaned by aw and be
Informed OF the nature and of the accuaon be
fronted with the witnesses against him. to have compulsory
for obtaining witnesses in his favor and have the assist
of counsel fer his defence" eth. Amend U S. Con
The of the United delegated pow
The American naon the language the constu
ton the people of the United Sate absolutely sovereign
This sovereign has prescribed certain fundamental rules
tanned the constitution of the United States which its servants
the President and each member of Congress- must take solemn
cath support and defend precedent to taking
office These nowhere authorized abso
lutte sovereignty but their powers limited by the very
Of the constitution under which they hold their respective offices
and discharge their official duties.
United States, said
"The federal government is one of delegated powers All
powers delegated it. inhibited by
reserved to the states or to the people, Briscoe o. Bank II
Pet. 317.
Chief Justice Marshall sad The Government hen of the
United States claim powers which granted to
hy the constitution; and the actually granted be
such expressly gven given by necessary implication
Martin q. Hunters Lessee, Wheat 326
Early in the constitutional history of the United Staes
Gs2O Chief Justice Marshall again speaking for the unan
court the question to whether not the provisions
Of the constitution extended the District of Columbia said
to the meaning of te term Omitted States'
"Does this designate any particular part of
the American empire! Certainly this question of but
1t the given great republic which
composed of states and The District OF Columbia,
Territory of the Missouri is less within he United
than Maryland Pennsylvania and NOT less
ary the principles of consuton that uniformity in the
imposition mpos duties and exercises should be observed in
the than in the oher Loughborough Blake, Wheat
81.
This opinion has stood the decision of the highest
the land for eighty years.
Perhaps the power of governing territory belonging the
United States which has by becoming acquired the
of self government may result from the fact that
within the jurisdiction of any particular sae and within
the and jurisdiction of the United States The right
govern be the inevitable of the right acquire
territory Whatever may be the whence the is
derived the possession of it unquesoned" Am ms Co.
Cdnter Pet 542.
Again the opinion Chief says In legsa
ting the Congress the combined powers of the
general and of a government Pet $40
Chief Justice Waite says First Nat Bank o. Yanktom 1o1
o. 129: A territory within the jurisdiction of the United
States included state necessarily be governed
by under the authority of Congress The territories but
political subdivisions of the outlying dominion Of the United
States.
Congress and for the purpose of this department
Of authority has all of the powers Of the people
Of the United States except such have been expressly by
implication tserrd an the prohibitions of the constitution
1t may do for the territories what the people under the
sttuton may do for the states"
Mr. Justice Curtis in his dissenting opinion in the Dred Scott
says this subject: If then, this clause does
to esate respecting the territory what the limits OF
the power! To this that in with all
legislative power of Congress- it finds limits in the eepress pro
hJifons Congress, not 10 certain things that in the
erce of the legislative Congress pass pos
fdctO law bill of attander and each of The
other prohibitions contained in the constitution" 10 How