The Savannah morning news., 1901-09-14

States in the case of Jones
| against United States, 1877 U. S., 202,-
Henry Jones was indicted in the dis
trict court of Maryland. charged with
the crime of murder at Navassa Islnad
in the Caribbean sea. He was indicted
under an act of Congress providing for
the trial of offenses committed outside
of any particular state or district in
which the offender is found or into
which he is first brought. Navassa be-
came a part of the territory of the
United States under an act of Congress
which recognized such seizures, and
provided that such islands thus discov-
cred and taken possession of should be
considered as appertaining to the Unit
ed States This was form of dtscov-
cry and occupation such as was uni
versally practiced by the subjects of
European powers in the discovery and
early settlement of America, from the
time of Columbus down. Jones con-
tended that. under the constitution of
the United States, jurisdiction over the
island could not be acquired in this
manner, and that he, therefore, could
not be tried in the courts of the United
States. The court sustained the act of
Congress and the right to the island.
and, speaking through Mr.. Justice
Gray, said:
BY the laws of nations, recognized
by all civilized states, dominion of new
territory may be acquired by discovery
and occupation, as well as by cession
or conquest; and when citizens or SUBJ
jects of one nation, in its name and by
it's authority, or with its assent. take
and hold actual, continuous and use
full possessions (although only for the
purpose of carrying on particular
business, such as catching and curing
fish, or working n1ines), of territory un-
occupied by any other government or
its citizens, the nation. to which they
belong may exercise such jurisdiction,
and for such period as It sees at, over
territory so acquired. page 212)
1.-The learned judge cited numerous
authorities on international law in sup
port of this principle. page 212.)
This case Is important, as it es-
tablishes the right of the United States
to acquire territory which was not in
tended to be organized into a state,
and the right Of Congress to legislate
over such territory. and of the courts
Of the United States to try offenses
committed on its soil.
"In United States VS.. Huckabee. 16
Wallace, 434, the Supreme Court quoted
the Carter case to sustain the PROPOSE
ton that the title to acquire territory
vests absolutely in the conqueror and
that by the completion Of his conquest
the conqueror becomes the absolute
owner of the property conquered from
the enemy. The court said:
Power to acquire territory, either
by conquest or treaty, is vested by the
constitution in the United States
The character of the government of
the United States in dealing with for
eign nations. either in war or in peace,
is clearly stated by Justice Lamar in
his dissenting opinion in the Neagle
case, 1876 u. S., So. Speaking of the
foreign relations Of the United States,
he said:
:" The Federal government is the ex-
elusive representative and embodiment
Of the entire sovereignty of the nation
in it's united character
"In National Bank VS.. Yankton. 10l
u. s., 1872, Chief Justice Waite said
Tt is certainly now too late to doubt
the power OF Congress to govern the
territories page 1922
"In the case of Fleming VS.. Page, 8
Howard SOB, Chief Justice fancy said:
The United States, 1t Is true, may
extend it's boundaries by conquest
or treaty, and may demand
the cession OF territory as the
condition OF peace. in order TO ndem-
Nifty its citizens for the injuries they
have suffered. or to reimburse the
government for the expenses of the
war. The power OF the United states
20 dispose Of territory which they had
acquired from other nations seems
never TO have been questioned In the
early days OF the republic. II certainly
was exercised upon q gigantic scale.
The immense territory comprising the
state OF Texas was bought By Presi-