Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28

ritories subsequently organized west of the
Mississippi, Congress thought it necessary
either to extend the Constitution and laws
OF the United States over them or to de-
clare that the inhabitants should be en-
titled to enjoy the right Of trial by jury
and bail and of the privilege Of the writ
of habeas corpus, well other privi-
leges of the bill of rights
We are also of opinion that the power
to acquire territory by treaty implies not
only the power to govern such territory.
United States will receive its inhabitants.
and what their status shall be in what
Chief Justice Marshall termed THE Amer
lean Empire
There seems to be no middle ground be
tween this position and the doctrine that
IL their Inhabitants do not become imme-
olately upon annexation citizens of the
United States their children thereafter.
whether born savases or civilized, are such.
and entitled to all the rights, privileges
and immunity of citizens. If such be
their status the consequences will be ex-
tremely serious.
Admission to Citixenshfp.
Indeed, it is doubtful IL Congress would
ever assent to the annexation Of territory
upon the condition that its inhabitants,
however foreign they may be to our habits,
traditions and modes of life, shall become
at once citizens of the United States.
In all the treaties hitherto the treaty
making power has made special provision
for this subject; in the case of Louisiana
and Florida, by STIMULATING that the in
habltants shall be Incorporated into the
Union OF the United States and admitted
as soon as possible to the enjoy
ment of all rights, advantages and immu-
mites OF citizens Of the United States
In the case of Mexico, they should '.be
incorporated into the Union and be ad-
mitted at the proper time Ito be judged by
the Congress of the United States) to the
hn iohf Of ho oft
Oh Inc United States" in the case of
Alaska, that the Inhabitants who remain
three years, with the exception of I'M
civilized native tribes. shall be admitted
iorth; and in the case of Porto Rico and
the philippines, that the civil rights and
political status of the active inhabitants
shall be determined by Congress"
In all these cases there is an implied
denia! OF the right Of the inhabitants to
american citizenship. until Congress, by
iurther action, shall signify it's assent
thereto.
Great apprehensions of danger are felt
by many eminent men-a fear lest an un-
restrained possession of power on the part
VI congress may lead to unjust and op-
presslve legislation in which the natural
rights of territories or their Inhabitants
ism. ~'ho'
Inese fears however. find no justification
IN the action of Congress in the past CEN
r.
nament toward its outlying possessions
since the American revolution indeed. tho
only instance in which this court has de-
ciared an act Of Congress unconstitutional
as trespasslng upon the rights Of territories
the Missouri compromise) such ontion
was dictated by motives Of humanity and
justice and so far commanded public ap-
proVal as to be embodied in the thirteenth
amendment of the Constitution
Justice of the Anglo-saxon.
Ihere are certain principles of natural
justice inherent in the Anglo-Saxon char
acter winch need no expression in legisla-
uohs OF statutes to give them effect or to
dependencies against legislation
manlfestly hostile to their real interests
Even in the Foraker act itself, the con-
stitutlonalty of which is so vigorously as
saled, power was given to the legislative
assembly of Porto Rico to repeal the very
U VIII IN "a question in this case, a power
WLch IL mas not seen fit to exercise The
words OF Chief Justice Marshall. in Glib
pons agt. Ogden, with respect to the power
VI VI, congress to regulate commerce, are per
tnent IN this connection.
This power" said he slike oil o+bars
vested in Congress, Is complete in itself
ald may be exercised to it's utmost extent
ana acknowledge no limitations other than
tnose prescribed in the Constitution"
ihe wisdom and discretion of Congress
the IDENTITY of the people and the Influence
which their constituents possess at cleo
49, az III Inns as IN many other in
stances, the sole restraints on which they
nave relied to secure them from its abuse
Iney are the restraints which the people
most often rely on solely in all represen-
tatlVe governments.
1t is obvious that In the annexation of
outlying and distant possessions grave
questions will arise from differences of
race, habits. laws and customs Of the peo-
pie, and from differences of soil. climate
and production. which may REQUIRE action
on the part of Congress that will be quite
unnecessary In the annexation of contie-
uous territory inhabited by people of the
same race or by scattered bodies of native
Indians.
Rights of Two Kinds.
we suggest, without intending to decide.
that there may be a distinction between
certain natural rights enforced in the Con-
stttution or by prohibitions against inter-
ference with them and what NAV he
termed artificial or remedial rights. which
are peculiar to our own system OF iuris
prudence. '-
" the former one are the rights of ones
renglous opinions and to public express
sion OF them, or, as is sometimes said TO
worship God according to the dictates of
ones conscience, the right to personal lib
erty and to individual property; to freedom
Of speech and of the press and to free o.
cess to courts of Justice, due process of
law and equal protection of the laws: to
1mmun1tfes from unreasonable searches
anu seizures, as Well as cruel and unusual
punishment and to such other immunities
as are Indispensable to a free government.
VI the latter class are the rights of CIT
izenship, to suffrage and to the particular
methods of procedure pointed out in the
legislation which are peculiar to Anglo
Saxon Jurisprudence, and some of which
have already been held by the states to he
unnecessary to the proper protection of in
dividuals 1--
Whatever may be finally decided by the
American people as to the status of these
islands and their Observation-Disclosures thew
shall be introduced into the sisterhood OF
states, or be permitted to form individual
goVernments-it does not follow thai in the
meantime, awaiting that decision the peo
pie are in the matter of personal rights
unprotected by the provisions of the Con-
stftution and subject to the merely arhI
trary control of Congress.
Rights of Aliens
Even If regarded as aliens they are en-
titled, under the principles of the Consti-
tuition, to be protected in life, liberty and
property. This has been frequently held
by this court in respect to the Chinese,
even when aliens not possessed of the no.
litical rights Of citizens of the United
States.