The times., 1901-04-13
The Flag and the Constitution.

The Flag and the Constitution.
At a time when the American public
! is awaiting in suspense the decision of
/ the Supreme Court on the Porto Rican
and Philippine constitutional questions,
| it is doubtful if much should be said in
/ the connection. Yet it is allowable, per-
] haps, to show the American people how
great reason they have to expect that
our tribunal of last resort Will stand by
| the fundamental law of the country,
| and confuse those who would over
turn it.
The reasoning upon which the opinion
Of the Supreme Court VIII be based
cannot fail TO be affected by the cele-
brated dictum of Chief Justice Mar
shall. and by the practice of distin-
guished Presidents and judicial de-
cisions after Marsball's time 1t is of
interest to note that never in the whole
course of our history, before the ad
vent of the present Administration, was
it ever assumed that the Constitution
did not go with the flag, everywhere
and of necessity. When the forces of
the United States had taken the Terri
tory of California from Mexico, Presi-
dent Polk on January II, iS47, thus in
suucted Commodore Stockton who was
then in command of the Pacific Station:
The Inhabitants Of the California; Terri
tory entitled TO ali the benefits Of the Federal
Constitution OF the United States 10 the same ex-
tent as the citizens Of any other part Of the
Union
That instrument establishes a form Of govern
iuent FOR those who in limits and owe
voluntary allegiance to it."
This is a clean-cut expression Of the
older American idea that our Govern
ment is one Of limited powers, strictly
defined in the Constitution, and that
the place where they are exercised can
not modify the duty of the Executive
10 obey the law. When we acquired the
Territory Of New Mexico. under the
Treaty of Guadalupe Hidalgo, Presi-
dent Polk by order continued the old
laws within the ceded area, excepting
those which might be found contrary
to the Constitution" This executive
action was endorsed by the Supreme
Court in the case Of Leitendorfer versus
Webb, reported in the twentieth volume
of Howard. pages 176 to III. In his mes
sage to Congress of December ;, 1S48
President Polk said:
The Inhabitants, by the transfer Of their coun-
try, had become entitled to the benefits OF our
laws and Constitution"
The Supreme Court endorsed this
proposition in the suit Of Cross versus
Harrison-16th Howard. page 164-and
the decision III that case never has
been overruled to this day, except
by the unconstitutional action OF the
Mckinley Administration in Porto Rico
and the Philippines. It is useful in this
connection to remember that the Su-
preme Court has declared it to be un-
necessary to extend" the Constitution
to conquered or acquired territory, be-
cause it goes there "ex proprio vigore,"
as was stated In deciding the Oregon
case Of Naval Officer versus Hill q25
4. S. Reports). Later, the Supreme
Court said (S Howard. p. 212):
Every nation acquiring territory by treaty
or otherwise must hold It subject 10 the cousti-
tuition and laws Of its own Government"
In a late case, that Of Hof l74 L. s.
Reports) the court held that Congress
as II may think fit, so long as it does
not contravene any provision Of the
Constitution Of the United States"
We think that the foregoing cita tons
ought to encourage popular confidence
in the outcome Of the trial OF this Con
stitution, which Of old was so respected |
and venerated by the court before |
which it now stands in peril of it's life |
No one knows what the outcome may |
be, and this, too, indicates doubt |
which never should be possible to enter |
tain. But we have seen the popular !
branch OF Congress suppressed, capon- |
ized, and brought under the control of |
the Administration. We have seen the |
Executive make itself supreme over |
matters before recognized as in the ex-
elusive control of the Legislature, and |
no one knows what may come next.
But Of one thing there is no doubt:
Prior TO the era Of the trusts there was
never a doubt I'm anybody's mind that
The Constitution went with the flag.