The times., 1901-06-10
The constitution in the Territories.

the law neeuS IlOliLlCdliOn III many AIii
portant particulars.
The Constitution in the Territories.
The criticism Of the recent insular
decisions Of the Supreme Court have
quite generally been directed mainly
at the inconsistent and contradictory
! reasoning by which the conclusion was
reached in the Downes case, that Con-
gress has power to legislate for Porto
( Rico, unrestrai med by the provisions of
the Federal Constitution. 1t may not.
| therefore, be untimely TO glance at the
main question fundamentally and with
! reference to the consequences which
might have followed. had such a doc
/ trine been laid down in the early days
/ of the Republic.
| The American Union was originally
formed by the people Of thirteen col
/ onies forming but a narrow fringe
| along the Atlantic seaboard. Suppose
| the Constitution had been held appli-
/ cable only to those colonies! The re-
suit would have been that Congress
would have been absolutely supreme
in every foot of territory lying outside
of those limits, whether then under
American control or afterward ac-
f, quired The people of the original
States would have been protected by
the Constitution, but all others brought
under American sovereignty would
have been subject to the unrestrained
| caprice of partisan majorities in Con-
gress.
Is it likely that the fathers of the Re
public, after appealing to the candid
Judgment Of the world as to the JUS
tice of their cause would proceed to
establish a Government that could.
if SO disposed. exercise the very same
tyrannical powers against which they
had taken up arms and fought through
the long ana bloody years Of the Rev9-
luton? Is it not fair and reasonable
for US to believe that they intended to
show some consistency and sincerity by
forming a Government in harmony
with the principles for which they had
4 been cOntending?
The principle Of the DOwnes decision,
il applied from the first would have
made Ohio foreign territory under
American Jurisdiction, and the people
of President McKinleys own State
could have been kept in a condition Of
vassalage until this day, had Congress
50 desired. There would have been con-
stitutionaI government in the limited
original area, accompanied, perhaps. by
arbitrary imperialism in eli other ter
ritory over which we succeeded in
raising our flag as an emblem Of SOW
ereignty.
The American revolution was a re-
volt against Unrestrained power in
government. When a National Gov
ernment was formed, the people of the
States were unwilling TO entrust it with
unlimited power over themselves, who
/ had created it, and who could, in large
measure, control it through the cleo
tions provided for. Hence they strictly
limited the powers Of the National Gov
ernment by a written constitution.
How unreasonable is it, then, to believe
that they intended to confer upon Con-
gress despouc powers over the lives
and property Of those living in outly-
ing territories. who were deprived of
the protection which national suffrage
Itself affords
According TO this new doctrine. the
people Of the Territories would have
been utterly helpless, until Congress
graciously deigned to bring them un-
der the provisions Of the Constitution.
Even then they would not have been
safe unless statehood were conferred),
for the protection would have been
l.o
statute could be changed at any time
by the same or another Congress. If.
in the constitutional convention. a pro-
posal had been made specifically to
adopt such a provision, il would have
had less support than was given to
Hamilton's scheme Of quasi monarchy.
Indeed, it is very doubtful if a PROPOSE
ton to incorporate the principle Of the
Downes decision into the Constitution
would have received a single vote. The
idea that the trainers Of the Constitu-
ton intended 10 establish d coDstitu-
tional Republic la the States. and vir-
tual despotism everywhere else under
their jurisdiction, is one that cannot be
entertained without questioning their
honesty of purpose-which certainly no
American is disposed to do.
Those VINO support the position Of the
Administration assume that the Amer
lean Government, being a sovereign
among nations, can do everything that
other Governments can do. yhis view
uverlooks the fact thatitwas the aim and
purpose Of the creators Of the American
Government to establish one that would
be essentially different from any other
in existence. 1t was a new departure
in government making. In dealing
with other nations the American Gov
ernment is undoubtedly a full sover-
eign, but its powers must be exercised
in conformity with the great charter
by which it was created. 1t might as
well be assumed that the President has
the unrestrained power of the Russian
Car as 10 contend that the American
Government can do everything that
monarchy can, and do it in the same
way.
Poor AmericanisIn.