The midland journal., 1901-08-23
SALE OF TEXAS TO SPAIN.
Territory Does Not, by Fact of Ac.
QUESTION, Become Integral
Part of Nation

In one form or another, this ques-
ton of the powers of the federal gov
ernment has been discussed at each
new acquisition of territory. says Rep
resentative Sherman Boutell. in the
Forum.
Since the conclusion of the recent
war with Spain, the question has come
to the front in its latest phase Under
prominent leaders the people have
taken opposite sides in their opinions
as to the power of congress to levy and
collect in the islands ceded by Spain
duties, imposts and excises not uni
form with those levied and collected
in the United States. The general
problem involves political, legal and
historical considerations. Congress
assumed that it had such power when
it passed the Porto Rican tariff act
year ago. AT the election last Novem-
Der the people approved the exercise
of this power; a few weeks ago the
supreme court affirmed its eonstjtu-
tionality.
Under these circumstances those
who now add to their disapproval of
the action of congress and their con-
demnation of the verdict of the people
their disltrust of the wisdom and recti.
tude Of the supreme court will hardly
be persuaded though one rose from
the dead. And yet. if the "Moses ana
the prophets" of their political faith
should return from their grave to tes-
t1fy, they would bear witness that this
power was now exercised in accord
anee with principles which they in
their lifetimes had uniformly ap-
proved. There Is, for example. In our
history one chapter scarcely touched
upon in the recent discussions of this
question, which brings out with great
eleafness the views on this subject held
by the early interpreters OF the con-
stitution.
The sale of Texas is luminous COM
menisry on the Interpretation given to
the federal constitution by President
Monroe and his contemporaries. Few
now question the constitutional right
OF the federal government to acquire
territory in any way recognized by in
ternational law; but opinion divides
on the question of dealing with the ter
ritory after its acquisition. One school
insists that all territory acquired by
the government become s, immediately
upon its acquisition, ''an integral part"
OF the United States. and that its In.
habifants beaeme at once citizens of
the United States. This Is to contend
that even where the federal govern
ment unwillingly acquires territory
for example, through war with for
eign power-the constitution at once
silently and imperceptibly, through
some mysterious forge which is in
herent in itself, envelopes that terri
terY like an atmosphere. One of the
favpfite expressions of this political
school is that all property acquired by
the federal government must be held
In trust for future statehood. Now it
has never been suggested that there
is in the constitution any authority.
direet or implied, by which congress.
or any other department. of the ma
tionai government. can sell fan integ--
ral part" of the United States. If,
therefore, territory lawfully acquired
and held by the government has been
sod, this shows that those who made
the sale did not consider that territory
an integral part of the United States.
The sale of Texas to Spain is, there
fore, strong historical argument
against the theories of this school Of
trapsce statesmen. =