The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1901-06-01

led States will receive rs inhabitants and what their status
ylsha ben what Chief Justice Marshall termed the Amer
lean empire There seems he. NO middle ground be-
tween this position and the doctrine that If their inhabi-
tants do not become Immediately upon annexation cltl-
liens of the United States their children thereafter born
whether civilized such, and entitled to all
the rights privileges and mmunes of citizens II SUCH
be their status the consequences will be extremely SER
ous. Indeed is doubtful if congress would ever assent
to the annexation of territory upon the condition that Its
Inhabitants however foreign they may be to our habits
traditions and modes of e shall become at once citizens
OF the United States In all its treaties hitherto the
making powerhas made special provision Tor TINS
Subject. u - tS%fl 1t~S
Whatever may be finally decided by the American
people as to the status of these islands and their nhabl
antswheher they shall be introduced into the sister
hood OF states or be permitted to form independent
does not follow that in the meantime the
people the matter of personal rights unprotected
10y the provisions of constitution and subject to the
merely arbitrary control of congress- Even IT regarded
as aliens, they entitled under the principles OF the
constitution to be protected in life liberty and property
1t scarcely possible that congress could do greater IN
Justice these islands than would beinvoved in holding
could not impose upon the states any excuses with
out extending the same taxes to the islands. g
1 Commenting upon the virtual absence of provision in
the constitution for the acquisition Of territory, Justice
Brown says only be accounted for the ground
that the trainers of that instrument did not foresee the
country's future possibilities that respect he
says sit be conceded that at liberty to
qulre foreign territory presumption arises that our
power with respect to such territories is tho same
power which other nations been accustomed to
erclse with respect to territories acquired by them IT,
in limiting the power which congress to exercise
within the United States it also intended to limit it
with regard to such territories the people Of the Unit
ed States should thereafter acquire said limitations should
have been expressed Instead OF that find the const
tuition speaking only OF the states except in the territorial
clause which absolute in its and suggestive of
limitations upOnthe power of dealing with them
The states could only delegate to such powers
they themselves possessed and they had no power to
acquire new territory they had to delegate in that
connection The logical inference from this is that if
gress had power TO acquire territory which is conceded
that power not hampered by the constitutional pro-
visions"
single expression from the learned Judge illustrates
the trend of the dominant idea in evolutionary growth
"a false step this time might be fatal to the develop
of what Chief Justice Marshall called the American
empire" The court concludes:
ono construction of the constitution shall be adopted
which would prevent congress from considering each
upon its merits unless the language of the instrument i'm
peratvey demanded it. false step at tbls time might
be fatal to the development of what Chief Justice Mar
shall called the American empire Choice in some cases.
the natural gravaton of small bodies toward larger ones
in others, the result OF successful in still Others
may bring about conditions which would render the
nexaton Of distant possessions desirable If those posses
sions inhabited by alien races, differing from
gcn, customs laws, methods of taxation and modes of
thought, the administration OF government and justice,
according to AngoSaxon principles, may for time be
mposshIe and the question at whether large
concessions ought not to be made for time, that ulti
matey our own theories may he carried out and the
blessings of free government ander the constitution
tended to them We decline to hold that there is anything
in the constitution to forbid such action"
1t is seldom that there is great difference Of opinion
the nine members of the these cases have
developed seldom that SO many dissenting opinions are
delivered. However, these features merely attest the
Importance of the in the judgment of those passing
upon them In dissenting from the views of the majority
the Chief Justice and Justice Harlan expressed what will
probably stand the opinion of all those who take the
extreme view of the meaning effect and future POSSIBLE
tiles of the courts opinion. Mr.. Fuller took the position
that the theory of the majority assumed that the con-
stltuton created government empowered to acquire
countries through the world to be governed by differ
ant rules than those obtaining in the original states and
territories and substitutes for the present system of re-
publican government system of domination distant
provinces in the exercise of This dea
however, of the exercise of unrestricted power" is
eary negatved in far at least personal rights are
involved by 1.-The observations Of Justice Brown quoted
Ibove N Ii
Mr. Harlan eOncurred with the Chief Justice and with
eterence to the analogy drawn by the majority between
he powers Of government and those of other nations
the matter of new territory, went probably farther
han Mr.. Fuller. Said he;
If the principles now announced should receive
he sanction of majority of this court the result will be
radical and mischevous change in our system of gov
rnment We will that pass from the era of con-
titutiona liberty, guarded and protected by written
into an era OF legislative absolution in re- Id
pec of many rights that dear to all people who love
reedom. M I'll A r.
sin my opinion congress has existence and can excr
Use authority outside of the constitution The idea
hat this country may acquire territories anywhere
he earth by conquest treaty and hold them as mere
colonies provinces is wholly inconsistent with the shirt
md genius as well as with the words Of the constitution
will be evil day for American liberty if the theory
government outside of the supreme law of the land
lido