The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-05-27


States are foreign to each other. o.
the same principle Porto Rico remains
foreign to the United States except al
provided by the treaty. AS it has no
yet been domesticated under the consti
tuition The status continues unchanged
except as to its relations with outside
nations, While the term foreign coun'
tries used in our tariff law has MOI
yet been judicially passed upon, Il
may fairly be presumed that if tho
makers of the law could have forseer
the present conditions they would have
intended that the former relations OF
Porto Rico to the United States as re-
CARDS customs duties should continue
until changed by act Of congress.
The power to hold territory without
Incorporating 1t as an integral part
under its organic law is an ordinary at
tribute to sovereignty, The indepen-
dent states possessed it before the for
nation of the Union This attribute of
sovereignty they delegated to the Fed
eral government in the treaty and war
making powers and denied to them
selves In express terms AS was said
I by Mr., Justice Bradley in the legal ten
der cases, II Wall. $50:
"The constitution of the United States
established a government, and not a
league, compact or partnership. It
was constituted by the people. 1t is
called government. In the eighth
section of article / it is declared that
congress shall have power to make all
! laws which shall be necessary and
| proper for carrying into execution the
| foregoing powers and all other powers
vested by this constitution in the gov
eminent Of the United States, or in any
| department or office thereof AS a
government it was invested with all
the attributes of sovereignty
1.-THE United States Is not only gov
eminent, but it is national govern
| ment, and the only government in this
country that has the character Of ma
tionality. 1t is invested with power
over all the foreign relations of the
country, war, peace, and negotiations
and intercourse with other nations; all
of which are forbidden to the state
government.
Such being the character of the gen
eral government. it seems to be a self
evident proposition that it is invested
with all these inherent and implied
powers which, at the time OF adopting
the constitution, We're generally consid-
cred to balong to every government as
SUCH and as being essential to the eX-
ercise Of its functions. If this propo
sltion be not true, 1t certainly is true
that the government of the United
States has express authority, in the
clause last quoted, to make all such
laws Casually regarded as inherent and
implied) as may be necessary and prop
er for carrying on the government as
constituted and vindicating it's author
ity and existence"
And again, in Mormon church vs.
United States. 1856 U. S. AZ:
THE power to make acquisitions of
territory by conquest, by treaty and
by cession. is an incident of national
sovereignty. The territory of Louis
iana when acquired from France, and
the territories west of the Rocky noun
tains when acquired from Mexico, be-
came the absolute property and do
main Of the United States, subject to
such conditions as the government in
its diplomatic negotiations had seen fit
to accept relating to the rights of the
people then inhabiting those terrific
ries."
The power exercised in this treaty,
then, as an ordinary attribute of SOW
ereignty was granted by the States to
the nation which was to represent
them as independent in foreign affairs
Opposed to this view is the contention
that while the power to hold subject
territory is an attribute of most SOW
ereigns 1t is not one of a republic
This argument Is not drawn from a his
toric discussion of the quetion Of the
exercise Of such power by republics
Ca ground from which 1t might perhaps
be answered., but on the general prin-
cipal that government based upon the
consent of the governed has the right
to govern it's citizens, but no right to
rule it's subjects; that the very purpose
of such a government Is to secure po-
litical and civil liberty, not to deny it.
Conceding the full force Of this conten-
ton, does it bear on the question? Even
if we grant that our republic must in
sure throughout all territory under it's
dominion a republican form of govern
territory without Incorporating 1t in
to the United States? Cannot such ter
ritory, which is not given the political
status Of membership in our Union, be |
governed on purely republican prnci-
pies? Could not its inhabitants have |
the same political and civil rights of |
those of the existing territories? 1t Is |
answered that there would be no guar
anty Of these rights if this territory |
Is not annexed to the United States |
under the constitution. But even If the |
expressed guarantees did not apply |
would those rights Of necessity be en-
tirely unprotected? The argument
starts from the position that republic |
'annot be allowed to govern without
my restraint.
"In this very principle we find the
safeguard of such territory. If the
United States tried to govern any ter
itory in violation of the spirit per-
-ading republican institutions, such ac-
ion might be held illegal by the courts
N the basis of this principle, 1t may
,e admitted that the constitutional
of civil rights would apply
o territory under the sovereignty, but
lot a part of the United States. Ger
ain civil rights. which we believe be-
0ng to every one, are crystallized into
he negative provisions of our constitu-
ion in order to prevent any wrongful
nd improper use of our power, and
hese may be held to control our power
yhernyer it reaches These cOnsidera- |