Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1901-06-06

vited the American people.
"Under this opinion we are about to
embark on Great Britain s colonial policy,
and to reassure ourselves, to quiet our
conscience, we have but to look at the
history of Great Britain toward its out
lying possessions since the American
revolution.
can inspiring spectacle, indeed.
eve may look at South Africa, where
Great Britain's unrestrained possession
of power has destroyed two promising
republics, and has drenched the soil
with the blood of patriots; we may look
at India, whose people have been dying
by starvation for years; at India, where
on several occasions the bounty and
generosity of the American people have
been necessary in order to rescue human
beings living under the sovereignty from
death by starvation"
Lest the opinion of Mr.. BRYAN on the
subject be weakened by the partisan bias
of the reader, we append the remarks of
Justice Harlan, in dissenting, along with
Chief Justice Fuller and Justices Brewer
and Peckham. Justice Harlan said:
II concur in the dissenting opinion
just delivered by the chief justice. The
grounds upon which he and Mr.. Justice
Brewer and Mr.. Justice Peckham regard
the Foraker act as unconstitutional, and
the particulars involved in this action,
meet my entire approval, and l need
not restate them.
~ agree with them in holding that
Porto Rico, after the ratification of the
treaty with Spain, became part of the
United States within the meaning of the
clause Of the legislation providing that
'all duties, imposts and excuses shall be
uniform throughout the United States
"In view, however, of the Importance
of the questions in this case and of the
far-reaching consequences of any con-
clusion reached by the court, l deem it
appropriate, without rediscussing the
principal questions presented in this
case, to add few observations sug-
gested by certain passages in one Of the
opinions just delivered in support of the
judgment.
"In that opinion it is said that the
constitution was created by the people
of the United States as union of states,
to be governed solely by representatives
of the states
Is NOT FOR STATES ALONE.
''I am not sure that correctly inter-
pref these words, but if it is meant that
tie constitution is addressed and oper-
ates only on the states, cannot accept
this view.
"The government of the Union then,
whatever be the influence of this fact on
the case, is emphatically and truly, a
government of the people. In form and
substance it emanates from them. Its
powers are granted by them and are to
be exercised directly on them and for
their benefit. This government is ac-
knowledged by all to be one of enumer-
ated powers. 1t is the government Of
all. Its powers are delegated by all. It
represents all and acts for all. s,t
"Although the states are constituent
parts of the United States, the govern
ment rests upon the authority of the
people of the United States, and not on
that of the states.
III cannot assent to the proposition,
whether it be announced in express
words or by implication, that the national
government is a government by the
states in union, and that the prohibitions
and limitations of the constitution are
addressed only to the states.
"This is but another form of saying
that the government is mere league of
states, held together by compact between
themselves; whereas, as this court has
often declared it is government created
by the people Of the United States with
enumerated powers and supreme with
respect to certain objects throughout all
the territory over which its jurisdiction
extends.
Gin the opinion to which l am referring
it is also said that practical interpreta-
ton put by congress upon the constitu-
ton has been long continued and uni
form to the effect that the constitution
is applicable to territories acquired by
purchase or conquest only when and so
far as congress shall direct
CONGRESS WITHIN CONSTITUTION.
"In my opinion congress has no exist
ence and can exercise no authority out
side of the constitution. To say other
wise is to concede that congress may, by
action taken outside the constitution,
engraft upon our republican institutions
a colonial system such as exists under
monarchical governments.
"That result was never contemplated
by the fathers OF the constitution, and ii
that instrument had contained a word
suggesting the possibility Of result OF
that character.it would never have been
adopted by the people of the United
States. The idea that this country may
acquire territories anywhere upon the
l>., hold