The age-herald., 1901-05-28

Congress upon the constitution has been long continued and uniform to the effect that the constitution is applicable to ter rftories acquired by purcnase or conquest only when and so far as Congress shall so direct Notwithstanding it's duty to guarantee to every state in this Union a republican form of government Congress did not hesitate in the original organiza- ton of the territories of Louisiana, Flor ida, the Northwest territory and It's sub division of Ohio, Indiana, Michigan, 1lli- nois and Wisconsin, and still more re- cently, in the case of Alaska, to establish form of government bearing much greater analogy to a Britioh crown colony than a. republican state of America and to invest the legislative power either in a governor and council or a governor and judges, to be appointed by the President.
 We are also of opinion that power to acquire territory by treaty implies not only the power to govern such territory, but to prescribe upon what terms the United States will receive it's inhabitants and what their status shall be in what Chief Justice Marshall termed the .Ameri- can empire.'
 There seems to be no middle ground between this position and the doctrine that if their inhabitants do not become, immediately upon annexation, citizens of the United States, their children thereafter born whether sayages or civil ized or such and entitled to all the rights privileges and immunities of citizens. II such be their status the consequences will be extremely serious. Indeed, 1t Is doubt ful if Congress would ever assent to the annexation of territory upon the eondi. ton that its inhabitants, however for. eign territory they may be to our habits traditions and modes of life. shall become at once citizens of the United States IT all its treaties hitherto the treaty-makinf power has made special provision for thi. subject.
 Whatever may be finally decided by the American people as to the status oi these islands are their inhabitants whether they shall be introduced into thu sisterhood of States or be permitted tt form independent governments-it doe. not follow that In the meantime the peo pie are in the matter of personal rights unprotected by the provisions of our con. stitution and subject to the merely ar bitrary control of Congress. Even if re garded as aliens, they are entitled undei the principles of the constitution to b, protected in life. liberty and property Ii Is scarcely possible that Congress coslt do greater injustice to these islands than would be involved in holding that | could not impose upon the States any ex
  to the islands"
 Acquisition of Territory.
 Commenting upon the virtual absence O. provision in the constitution for the ac quisition of territory, Justice Brown say 1t can only be accounted for on the ground that the framers of that instru ment did not foresee the country's futur, possibilities in that respect
 IT, he says, it be once ceded tha1 we arc at liberty to acquire foreign ter. ritory presumption arises that our pow CT with respect to such territo ories is tht same power which other nations hay, been accustomed to exercise with respect to territories acquired by them If, 1T limiting the power which congress was tt exercise within the United States 1t wal also intended to limit 1t with regard tt such territories as the people of tn, United States should thereafter acquire such limitations should have been ex pressed. Instead of that we find the con stitution speaking only of the states ex cept in the territorial clause, which js absolute in It's terms and suggestive O no limitations upon the power of Con sress in dealing with them The statute. could only delegate to Congress sucf power as they themselves possessed and as they had no power to acquire new ter ritory they had none to delegate in tha connection. The logical inference iron this Is that If Congress had power to ac quire new territory which Is conceded that power was not hampered by the con stituttonal provisions.
 NO construction of the constitution shall be adopted which would preven Congress from considering each case up on It's merits unless the language of tn instrument imperatively demand it. / raise step at this time might be fatal t, Arf nf rI-L Marshall called the American empire Choice in some cases, the natural grayt tation Of small bodies toward larger one In others the result of a successful wa, Tn still others, may bring about condi tions which would render the annexation or distant possessions desirable, If thos possessions are inhabited by alien races differing from us in religion. customs laws, methods of taxation and modes O thought. and administration of govern ment and Justice, according to Anglo saxon principles may for a time be i'm possible; and the question at once arise whether large concessions ought not t, De made for time, that ultimately. ou own theories may be carried out and tn blessings or free government under tn consultation extended to them. We de cline to hold that there Is anything i, tne constitution to forbid such action" Following Justice Browne's opinion or the Downes case Justice White delivered
 an opinion in which he said Justice Shi ras and McKenna united, concurrine |,
 the decree affirming the judgment of tn, Downes case. but placing 1t on grounds which he said were not only different from. but in conflict, with those expressed by Justice Brown. The sole and only is sue is, said Justice White, had Port, Rico, at the time of the passage of th act in question been incorporated into ant become an integral part of the United States? Justice White affirmed that tn, rule of international law was that tn, relation which an acquired country woult
 bear to the acquiring country in the ab sence of treaty stipulations was to b,
 determined by that country conferabl, to It's institutions. The United State, possessed the same powers on this sub tect as any other nation.
 Justice White went into the history n the United States and of its acquiret territories in support of his assertfo, that our history from the beginning ha, manifested that this power was possesse, by the United States. In acknowledgmen | of our right to acquire territory, couple, with contention that when acuuire, the territory was absolutely and uncon ditionally incorporated into the Unitet States, he said. was to admit the powe to acquire and immediately to deny fit
 beneficial existence. To hold that tn,
 treaty-making power cannot insert con |