The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-02
0(aSIlIlaannlIW 200d
3 .s1ss mo EXPANSION POLICY
III bsIl -
Giles ON An INTEREST
,Jih0 ING sUBJEcf. ihteJ
Chief Questions Involved Discussed
From the Standpoint Of Law
n and EIstory-A Care
% frl Study. 2 .+1t-a
From ths BALTIMORE Ssn-l
~, s4ts t.g4iss rai tas ,ssrss On. tse
.bns Il s.rsshsf shpf lAeal s.s,.sts ief m
perialism i "a follows:
II Ed8 I. ,tI tiL

I Maryland jurist declared thar the ter
I ritories OF the Unioa are part of tn
\ United States, and that the CONSTITUTION
of its own force applies to them. re
I si1sI5zing ejlisrtss in the exercise of it
authority over them. The chief justic'
said; .-..,--.--.I g.. 2. f-.-
7 THE power Of congress over the per
. son or property of citizen can nevel
be mere Discretionary power under oui
! Constitution and form of government
+ 4ite- powers -of-th- government and Tn
rights and privileges of the citizen ar,
regulated and plainly defined by the Con
stiturion itself. And when the terri
tory becomes part of the2J niteds Stat,
the federal gevernment-eT,ers In posses
sion in the efrarsctef Impressed upon II
by those YhoZcrpafed il. IT enters int
it with its flowers over thesettizen striss'
" defined anil fIlite,l by zthe -ConstitH-
ton. FROM silclizitd derives it's osn exist
ence. and by- virtue Of which alone 1t
continues teSist , nd act as geyernment
aqd soveseighty- IL has no power OF
any kind bepondit and it cannot when IL
enters a erritoryI of the United, Statcs
pat off itSEclraraeterzandl assume disere-
riouary or tdespofie powers which The
| Constitution has denied to it, IL cannon
create for itself a eaes. chaEaeters sepa-
rated from the citisens of the United
States and the duties it owes them TN
dsr the provisions of the Constitution.
Tie territory bsalg apart OF the United
4 States, the government and the citizen
both enter it under, the authority of tha
\ Constitution, with their respective rights
i.detined and marked ont; and the federal
government can exercise no power over
This person or property beyond what that
linstruinent confers. or lawfully deny any
right which it has reserved. A refer
Ience To a few of the provisions of the
Constitution viii illustrate this, PROPOSE
tion. For example. no one, we presume,
will contend that congress can make any
Law in a territory respecting the estab-
lishment of II religion or the free exer-
else thereof, or abridging the freedom
of speech or of the press or the right
of the1 ptopie OF the territory peaceabE
to assemble and to petition the govern
neht for redress of grievances. Nor
can congress deny TO the people the right
he-f-,t..a- hear arms. for-the- right to
trial by jury. nor compel any one TO be u
witness against himself in a criminal
proceeding. These powers and others il
felationzio rights of persons which it is
not NECESSARY liere ~ enunerate are in
express ami positive terms denied TO th'.
general government. And the rights OF
private property have been guarded with
are united with the rights Of person and
placed on the same ground by the Fifth
amendment TO the Constitution. which
provides that no person shall be deprived
Of life. liberty and property without
due process of law. So. too. il. will
hardly be contended that congress could
by law quarter soldier in house in Il
territory without the consent of the
owner in time of peace nor in time of war
hut in Il manner prescribed by law. Nor
GOULD they by law forfeit the property
OF a citizen in territory who was con-
victed of treason FOL. longer period
than the life of the person convicted,
nor take private property for public, use
without just compensation.
! The peWers over person and prop
erty of which we sTeak are not only, no.
granted to Congress, but they are in cx-
press terms denied. and they are forl.id-
den TO exerrise them Aud this lProhi-
Ji:ion IS not confined TO the States. tut
tlc Fords are general and ertend 20
tie loEolc territory orer lchich the Cor
>titwtion qit3cs Il poircr to legisIcfe. IN
riudiag those portions Of it rehuinthg
Hndsr Territorial -gorcrnment. as ecu
as fhat corcr6d by States 1t IS a to-
cal absence of power everywhere with
in the dominion of the United States
and places the citizens of territory, so
far as these rights are concerned. on
the same footing with citizens Of the
Stairs and guards them as firmly snd
plainly against any iutroads which the
general government might attempt un
der the plesi OF implied or incidental
growers, And ii Congress itself cannot
Flo ttiS-if II Is beyond the powers ,:on-
ferred on the general gnyernment-it
Will he admitted We presume. that il
could not authorize a territorial gov
eminent to exercise them Ii could
confer no power on any local govern
uient, established by, its authority. to
violate the provisions of the Constitu-
sion. 10 Howard. PIP. 4Jot1.)
In these views all HI. judges. of tbs
supreme court exbsesss aseurre,1s
Their, was not a estsenffsgxvoitx frunA
the proposition that the territories Of
the United States. however acquired. are
1art of the Unitedl States, and that in
.legislasing for them tontress is strictly
limited By the purposes provisions and
restraints of the Constitution
Ii had been soniended in the argument
sf counsel in the case that Chief Justice
sta-<A-.s ~ vsresrr.rry -nz--rcnyrcsspcss
s.$sse.i shs. combined powers of the fed
eral and stasS sSaeshsulss - ses$nig
q lterritory. sxnI6A dst oqr4ps< 90
sslsssi UNLIMITED discretion thereover. In
rsferenss 10 that eon,satioa Mr.. Jssfice
Abrf.ean sid:
ibid SSr1Ytiee N>sysah. IN ssxsf gf
that eonstass tx5kerta-f 4 rsfritory bs 'ex=
ereisins the combined powers of the fed
er,sI and state x>xerusaessss rsfer TO un-