New-York tribune., 1901-01-17


vor of conviction that his opinions demand the
serious consideration Of every American. He oases
his entire argument on the sef-expansion @ OF me me
tends the document over annexed territory. 1t be-
@ sfa 6eF @ gTpPGR pr Rgbr and the civil
and political franchises of American citizens Con-
plenary power. but is subject to all constitutional
limitations.
HISTORY OF PRoPRIo vIGoRE DOCTRINE.
What is the history of this doctrine? m Prior ITO to
stituton auth9rzed slavery: in States only said ala
bste Congress enacted. first the Missouri Compro-
from the territories But with each annexation Of
new territory the struggles in Congress broke out
on the wilnot Proviso and Oregon bill Calhoun m
trsnsnigratory function Of the Constitution and
the instantaneous transportation Of itself in its
Benton. 49, Finally. in 1873 in the last hours of
the xxXth Congress. Calhoun caused rider to be
again precpitated the entire pro-slayery agitation
followed Webster maintained that the Constitution
did not extend TO the Territories Calhoun
6 thus ha G it s viii fG haSs hssr the ns se Of
m S@1s nd we5 gTes the % between
1cn in connection with the Territories. The simple
Territories or does it mott It is the supreme law
NOT within the limits Of The States of this Onion
Congress the creature OF the Constitution? And
s fha Wv we aRs 1 S The 6 m pretend G
Constitution" And this. as Benton saws. was
Ton. 7331
coUNTRYs PRACTICE FOR ia YEARS
VII. Section u. Those States were g mere fringe
over 8250oO0 square miles Of new territory
eb Fe Is q has is 9bServed IN *
1rana9Se nee ef IaS1 was enacted by the confedeTaton
Territory organized out of the Northwestern lands
m hsg Ia vested rignt 10 IT, guaranteed by Arty!e VI
pected. therefore. that Congress would extend the
Organized out Of the vast Northwestern grant
what more logical procedure, TOO, than that Con-
Tend the same Ordinance not only TO the North
This in fact It did, and by Successive acts exended
me Ordnance OF l1S7 &c every Territory organized
arkansas. During sxty-taree years Congress thus
oe SO o fTf Se t0E 5s successive nd Terri n
even in conflict Herewith. Many provisions
were not in the CONSTITUTION but no less than Six
teen OF the civil rights Of the Constitution not
essential guarantees Of personal liberty Even the
were never specifically extended TO single Terri
IN Orleans Territory, which existed from 1SOi to
1sl2 there was an established church clergy paid
the consent of his father certain criminals
not only denied jury trial, but could be executed
port law existed for Orleans. and lower duties
p m a PSaf ah on in aP6 the Gnts
E States. OF this government Rodney, of Delaware,
said. 1T shows that Congress have power in the
Territories which they exercise in the States.
and that the limitations Of power found in the Con-
stitution applicable TO the States. the
Territories Yet its validity has been sustained
pestedly by the Supreme Court.
ISSUES POLITICAL. NOT JUDICIAL.
The maintenance and extension OF our National
dominion" is g political not judicial problem The
gress vested with all the responsibility and
powers OF. the Government for the determination Of
questions 10 the maintenance and extension of
our National dominion II is not the province Of
the courts 10 participate in the discussion or de-
cision Of these questions. for they OF political
dent having assumed Jurisdiction and sovereignty.
and having made the declarations and assertions
as TO the extent Of National authority and
dominion. all the people and courts of the
country are bound by such Governmental acts
60 ed Rep: 1lO). question like this. as Chief
Justice Marshall said Is more a political than a
legal question: and in its discussion the courts OF
every country must respect the pronounced will OF
the legislature e Pei. 30S).
Ihe wisdom also. of the action of the political
territory Is not open TO question. As the Court said
IN the williams case G3 Pet 42) IL is not material
70 inquire nor is IL the province Of the Court 10 de-
terInine whether the political departments are
ts ttasnt Or wrong II Is enough TO know that they
pave decided the question. Having done this their
oscislon is conclusive, upon the Judges as we'll as
al other ofncers, citizens and subjects of the Gov
ernment' l37 L. s. 2l2) "a '''e H"'-
Hence al questions incident 10 the acquisition and
government of Porto Rico and the PhiiinninaS
whether We should annex them perma nenfir ~ suL
modo, whether they should be part OF o,,r ..on.
iyng dominion. or integral portions OF the rvnJted
states; whether they should have local eoyern
ments or be ruled from Washington; wbetSer tba