The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-09-03
The Constitution ana Territories

The Constitution and Territories.
One Of the most important contribu-
tons to the discussion OF the consti-
tutional questions involved in the ac-
QUESTION and government OF the new
territory turned over to this country
by the Spanish peace treaty, is an adj
dress recently delivered by Hon. John
X. Richards. solicitor general OF the
United States. before the Pennsylvania
Bar Association.
The whole subject OF the constitution
and the new territories is treated ex-
tensively. with liberal quotations from
the authorities Of the past, in their dis
cussion of the acquisition OF Louisiana
and Florida The conclusion reached
by Mr.. Richards is that congress has
powers to govern the new territories,
within certain limitations. which limit
ations are not so much those made by
the terms of the constitution itself as
inherent In our system of government.
and founded upon abstract justice. Mr..
Richards observes: ut is always to be
borne in mind that this is a govern
ment OF the people. which was created.
among other things. to establish justice
and secure the blessings of liberty. A
government thus dedicated to liberty
and justice is based upon fundamental
principles and at all times must show
"A respect for fundamental rights. Out
side the limitations of the constitution
its spirit requires the government to
treat all subject to our dominion with
Justice and equality under the law.
Tyranny and oppression cannot constl-
tutionally exist under the sovereignty
OF the republic, which is based upon the
proposition that all men are entitled to
life. liberty and the pursuit of happi-
ness
That this il precisely the view which
the trainers OF the constitution took
Is shown In the fact that in the consti-
tuition itself as framed and adopted.
there was no BIN Of rights There were
certain fundamental rights OF the indi-
vieual. which were 50 clearly. establish
Ell. 80 settled "a part OF the race ira
dition. tina, they required no reaffirm-
ance In the constitution to add to their
force. There are certain individual lib
critics. herltages OF the race. which can
not be constitutonhlly Invaded. even
although the written constitution is ST.
lent thereon. Wherever the common
law OF England prevails. as I, does in
nearly all OF the states Of the Union
and In most OF the British colonies. the
individual has certain fundamental
rights, Of which no legislature can de-
prive him and which an the courts rec
ogniae. u was because OF this thar the
trainers o. the constitution omitted In
the instrument as Il was originally
framed. an reference 10 them.
After the constitution was In eject.
the proposition was made 20 preserve
In Il these fundamental safeguards %
. hborty, and this was done by amend.
ments early adopted The safeguards
existed before, their insertion in the
constitution was but as an additional
precautiou. Thus the amendments were
added which provided that congress
should make no Law ahridging freedom
~ speech or the RICH; q petition: nor
the right 70 bear arms: which provided
against unreasonable searches and
seizures; that no person should be
twice put in jeopardy for the same Of
Tense; nor compelled in criminal case
to be a witness against himself: nor
deprived Of lie. liberty or property
without due process of law: that men
accused Of offenses should have right
to a spes'dy and public trial BY a Jury
OF their peers; that excessive hail
should not be required. nor excessive