The Washington times., 1901-08-04
The Constitution in the rerritorie.

! No good reason has ever been given
for the denial of constitutional rights to
the people of our newly acquired terri
tories. The supporters of the Admins
tration's foreign policy merely indulge
| in vague generalities about our recent
| territorial acquisitions presenting new
| and difficult problems to be met, but in
what particular way they are so diff
cult, or how they are rendered less COM
! plex by governing the territories outside
of the Constitution, they utterly fail to
explain.
The truth is that the only complica-
tions and difficulties in the situation
have been created by the attempt to
govern the territories in a new and un-
tried way, and by the adoption of a pol
icy by which the American Government
has become partly republican and
partly imperialstic In character. 1t is
as clear as light that with the Constitu-
| ton in full force and effect in all parts
of the country, and withheld from other
parts, we have a situa ton that is more
complex than IL would be with the Con-
stitution applying to all parts alike
The advocates of Imperialism first
created the difficulties by adopting a
new and un-American policy, and then
they have invoked the difficulties thus
created in defence of the policy. This
is not altogether unusual in politics, but
it is seldom that So glaring a case IS
presented. Let any intelligent and fair
minded American ask himself how it
can do any harm to extend the Consti-
tuition to the Philippines and to Porto
Rico. Then let him attempt logically
to answer the question. If he will do
this, 1t will not take him long to per-
ceive that the difficulties and the dan
gers are all on the other side.
Take as an example the recent iNsu-
lar decisions, and note the tangle In
which they have left us. The Supreme
Court first holds that Porto Rico is
American territory. and in the next
breath holds that it is not, but merely
territory over which the United States
has jurisdiction. To the mind of one
wEo is in the habit of reasoning in a
straight line IL would appear that If
Porto Rico and the Philippines are not
parts of the United States. the Su-
preme Court can have no Jurisdiction Of
cases arising therein; for the courts
powers are strictly constitutional and
cannot possibly extend TO territory 10
which the Constitution itself does rot
extend Mr.. Justice Brown evidently
saw this, and endeavored to save the
Jurisdiction of the court by ilaking the
hair-splitting distinction between
American territory and territory under
American jurisdiction. But the attempt
was essentially weak and illogical, for
upon the basis OF this distinction he
held that Congress was not bound by
the Constitution in legislating for the
islands. Then what is to prevent Con-
gress from providing a judicial system
for Porto Rico under which no appeal
can be taken to the Supreme Court?
Justice Brown has practically decided
that Congress may eract a law whereby
tie Supreme Court is deprived of all
jurisdiction in Porto Rico. Probably
the Justice would not admit that any
thing OF the kind could be done, but his
argument leads inexorably to this con-
clusion. OF course, the court would ex-
trfcate itself. and save its Jurisdiction
In some way but it cannot do so logi-
cally. and there is no denying that the
legal status of the island is left very
uncertain and complex. AS the matter
now stands, We can only infer that
some of the general provisions of the
Constitution apply to the island, while
others do not, but no human being can