The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-21
The Constitution in the Territories.

The Constitution in the Territories
On Monday last The Times published
a statement OF the views Of Representa-
tive Gaines of Tennessee on the question
OF the authority of the Constitution in
unorganized Territories of the United
States. The subject is interesting, and
particularly now since it is expected
that within two weeks the Supreme Court
OF the United States will decide whether
this is a Government OF limited powers
under the Constitution, as well In Alaska
as in Alabama, and equally in Hawaii as
in Ohio.
In Mr.. Gaines citations and argument
he showed that the undertaking practice
OF the Government had been TO consider
the Constitution as governing law and
administration in and in relation to new
territorial acquisitions without any ques-
ton whatever. Thus, under the treaty
with Russia In 1867, cedng Alaska TO the
United States. as soon as that conven-
tion was ratified, Hugh McCulloch. then
Secretary OF the Treasury. ordered that
goods from Alaska should be free in
American porte. following the depart
mental rule and law promulgated by the
Administration OF President Polk as to
our California territory, and upheld by
the Supreme Court in the case of Cross
against Harrison, reported in the six
tenth volume Of Howard"
Later, IN 1863. the Hon. William II Sew
ard. then Secretary Of State. added 10
the Alaskan record By stating very con-
clusively some Of the reasons why this
country ought to hang its head in shame
at the surrender to Great Britain Of the
Forcupire district In a letter, written
on January 30, 1869. to General schoGeld.
Secretary of War at The time. Mr. Sew
ard said:
by the sixth article Of our treaty with Rus
STA Of March 30 1851 the cessiou Of the territory
and domain therein made is declared 10 BE- free
and unencum0ered by any reservations, privileges.
franchise. giants, Or possessions By any a.
sociatcd coi=panie-. whether corporate or inoOr-
porate Russian OF any other, by any parties
except merely private individual property hold
ers
Article Of the treaty between Great Britain
and Russia, Of February IS 1925 @ Heit,ct's
Treaties, 86l. which vas revived and continued
by the seventeenth article Of the treaty between
the same Powers Of January y. 1883 40 Iart-let
1888. provides that no establishment shall b.
formed By either Of the Two PARTIES within the
limits assigned bv the Two preceding article, 90
the possessions Of the other; consequently British
subjorts shall not form ans establishment within
the limits OF the Russian Possessions tn. article
referred 90 established tie boundary lines he
tween the British and Russian pos-e--inu- th- |
northwest coast Of America the same ado ptrd in
cur treaty Of ,e-=iUn with Russia
''Iho provision, above cited are conclusive |
against the right OF tIe Hudson Bay Company
10 establish or maintain such am establishment
Fort Yukon is described 10 be- ia the comruuni-
cation Of Mr. i. ". smith, jr.'
What would The patriotic clements Of |
our citizenship not give today II the,
could feel sure that the present admin
istration OF the State Department were |
in hands as strong to maintain the rights |
Of the American people against foreign |
aggression as were those OF William II |
Seward? He was one OF the old cham
pions Of oar Constitution and simple |
democratic institutions. His kind have |
nearly disappeared. Almost the last OF
the type died when Benjamin Harrison
died. Ar. Seward emphasized the TN
questionable doctrine that the ConstItu |
uon, the creator. extends wherever the