The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-29

dce Marshall as having said that the
Constitution confers absolutely on the
Government of the Union the powers OF
making war and of making treaties, con-
seduentiy the Government possesses the
power OF acquiring territory either by con-
quest or by treaty Mr.. Justice Bradley,
in the Mormon Church case. made a ruling
to the same effect. Mr.. Gardner says,
therefore. that our title is the mostperfect
known to International law. being good by
succession OF discovery, by conquest by
purchase, and by treaty, four recognized
International sources of acquisition, and
each sanctioned by our courts. Spain dis
covered the islands in ISL, occupied them
for three hundred and twenty-seven years,
her title by discovery and occupation then
passing to us.
In reply to the allegation that we pur-
chased the Filipinos at so much a head,
Chief Justice Marshall is quoted as having
said in connection with the Florida ces-
sion, that on such transfer of territory
the relations of the Inhabitants with their
former sovereign are dissolved, and new
relations are created between them and
the government which has acquired their
territory. The same act. which transfers
their country transfers the allegiance of
those who remain in ii. Having acquired
title to the Philippine Islands, Mr.. Gardi-
ner concludes that our claim to the allie
glance of the Fiiipinos is perfect.
he next takes up the question as to
whether Or not the United States pos
sesses the right 10 hold and govern the
Philippines In 1910, he says, the Supreme
Court announced that the power of gov
erning and Of legislating for territory
is the. inevitable consequence of a right to
acquire and to hold territory. Mr.. Justice
Bradley is also quoted as having said
that it would be absurd 10 hold that the
United States has power to acquire terri
tory and no power to govern it when ac-
CURED.
Referring to that clause in the Consti-
tuition which desisnates Congress as the
full rules and regulations respecting the
territory of the United States. Mr.. Card
ner quotes Mr.. Justice Miller as having
said in the kaganla case C1S q. s., $50:
But this power of Congress to organize
territorial governments, and make laws
for their inha bitants, arises not so much
from the clause in the Constitution in re-
gard TO disposing of and making rules and
regulations concerning the territory and
other property of the United States as
from the ownership of the country in
which the territories are, and the right
of exclusive sovereignty which must ex-
list in the national government, and can
be found nowhere else.
Mr.. Gardner points oft that this case,
although one of the most important, has
never before been cited in this connection,
but he thinks that it is conclusive authors
" that the nation possesses the power to
govern territories Independently Of the
Constitution. Fifty years ago, says he,
the Supreme Court announced the COM
prehensive principle that territories a,e
not organized under the Constitution nor
subject TO its complex distribution of the
powers of government as the organic law
but are the creations eXclusively)of the
legislative department., and subject to its
supervision and CONTROL
He next considers the question as to
whether or not we may establish form
of government in the Philippines without
the consent of the governed" On that
point, he says that Orleans tcrrito-y a
part of the Louisiana purchase existed
from 1904 10 1872, and that the form Of gov
eminent was repeatedly sustained by the
courts. Judge Dawson is quoted as having
ruled that there can be 10 question OF the
authority of Congress to enact such forms
of territorial government within the ter
ritories as it may choose or deem best.
In this connection the Vicksburg Herald
makes this interesting contribution con-
corning the Louisiana purchase:
In his history of Louisiana NJ Morbois.
the signatory of the treaty of cession for
France. thus gives the facts of the safe
guard. embraced in article three: "Arti-
Gle of the treaty was prepared by the
First Consul himself. who said on that oc-
casion: Let the Louisianans know
that we stipulate in their favor everything
that they can desire. Let them hereafter
recollect that they have been Frenchmen,
and that France, in ceding them, has Sc
cured for them advantages which they
could not have obtained from any other
power.
Events proved Bonaparte to have reck-
oned without his host. In Congress arti-
Gle 8 was denounced as in excess of con-
stitutonal authority, and bill passed in
total disregard and fiat reputation Of the
advantages stipulated" in it.
Mr.. Gardiner then passes on to the con-
sideration OF the famous decision in the
bred Scott case. In that case Justice
fancy declared that there was no power
given by the Constitution to the Federal
Government to establish or maintain colo
MES bordering on the United States, or at
a distance, to be ruled and governed at its
own pleasure, or to enlarge its territorial
limits in any way except by the admission
of new States. Mr.. Gardiner discusses this
decision at length. and insists that it is.
now a dead letter, since it cannot be valid
as to colonies, a secondary consideration.
and invalid as to slavery, a primary issue.
He insists that it must stand or fall as a