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

firm possession CT the UnlteQ states
and governed by its military authori-
ties, acting under orders of the presi-
dent. But it does not follow that it was
a part of the United States or that 1t
lhad ceased to be a foreign country in
the acts Of congress By the
laws and usages of nations conquest is
a valid title while the victor maintains
the exclusive possession of the con-
iquered country. The citizens of no 9TH
err nation, therefore, had right to en-
ter it without the permission of the
American authorities, nor to hold inter-
course with its inhabitants, nor to
trade with them. As regarded all other
nations, it was a part Of the United
States and belonged to them as exclu-
sively as the territory included in our
established boundaries But yet it is
not part of this Union
The conquest of Porto Rico under the
Iauthority of the executive made it ours
by military title. But the president
conquests do not enlarge the boundaries
of this Union, nor extend the operation
of our institutions and laws beyond the
limits assigned to them by the legisla-
tive power. Our boundaries could not
''be regulated by the varying incidents
of war and be enlarged or diminished
as the armies on either side advanced or
retreated" Fleming vs.. Page, supra
In this sense, therefore. our constitu-
tional boundaries do not follow the
flag" An extension of the boundaries
of the United States can be made "only
by the treaty making power OF the leg
islative authority, and is not part of
the power conferred upon the president
by the declaratio of war" Gbid)
The conquest of Porto Rico did not
incorporate the island within the Uni
ted States. Did the treaty of cession
accomplish the result?
What action on the part of the treaty
making power is essential in order to
effect a complete Incorporation of a
new territory, and whether this result
can be accomplished at all without sup
Elementary legislation is by no means
settled. In the treaty of cession of
Louisiana it was provided that 1.-THE in
habitants of the coded territory shall be
incorporated in the Union of the United
States and admitted as soon as pcssi-
BILE, according to the principles Of the
Federal Constitution, to the enjoyment
of all the rights, advantages and i'm
munities Of citizens of the United
States" (Article IT'D Whether this
provision brought the new territory
without our boundaries is a question
which has not arisen. Congress, short
ly after the ratification of the treaty,
passed acts providing for the extension
of our customs and other laws over
Louisiana. e Stat. at Large, 245, PSI,
2S3)
The treaty which coded Florida con-
tanned an almost identical provision for
the incorporation of the inhabitants of
that territory OF this treaty Chief
Justice Marshall said
This treaty is the law of the land
and admits the inhabitants of Florida
| to the enjoyment of the privileges
rights and immunities of the citizens
| of the United States" (American In
surance Company VS.. Canter 1 Pet. d42)
Whether they would be admitted in
ldependently of this stipulation he re-
fused to discuss.
| Congress, however, deemed 1T necessa-
ry to pass special enactments in order
to extend our revenue and other gene
raj laws over the new territory. g
Stat. at Large 81, 657)
| In the treaty of 1S4S with Mexico pro-
viding for the cession of California it
was stipulated that Mexicans remain
ing in the coded territory who did not
elect to retain their former citizenship,
"should be Incorporated into the Union
and be admitted at the proper time (to
be judged by the congress of the United
States to the enjoyment of the rights
of citizens Of the United States accord
ing to the principles of the Constitu-
ton"
Congress, within year of the Treaty
of Cession, extended our revenue laws
to California. GO S. L. 400 All the
laws of the United States not locally
inappicabe We're extended by special
enactment to California a few weeks
after she had beep admitted as state.
Is. l., 521) Of this treaty Mr.. Justice
Wayne said. "By the ratification of
this treaty California became part of
the United States" Gross vs. Harri-
son, 16 How. 1879 But, as will be
shown, it is probable that Justice
Wayne was referring to the relations
of California and the United States as
regards other nations and not as to it's
internal organic connection with the
sovereign nation, so that these words
cannot be taken as determining that
supplementary legislation is not neces-
sary to complete incorporation.
In the cession of Alaska it was pro-
vided that the inhabitants who re-
manned three years, with the exception
of the uncivilized tribes Shall be adj
mitted to the en1oyments of all the
rights advantages and immunities Of
citizens oe the United States" Cart
III) About a year later congress ex-
tended our customs and navigation laws
to the new territory. Us Stat at Large
2An.)
Thus we see that in all previous ces-
sion of territory there has been a spec
ial provision in the treaty for the incor-
porating of the inhabitants within the
United States. Whether a treaty stip-
ulation alone would be sufficient to in
corporate the territory into the Union
is not clearly established The state
ment of Chief Justice Marshall supra,
would lead to the conclusion that such
stipulation is sufficient to secure citi-
zenship. Congress, however, has al |
ways deemed it necessary to put our |
custom laws in force by supplementary |
legislation.
This uniform colJ,cn IF loot clio two and |