Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-28

act laws inconsistent thercwn'
Mr.. Justice Brown referred AT Ie"s'i
to the decision of Chief Justice laheS.
in the bred Scott case, giving especih'
/ consideration to the sentiment
! pressed by him that there 70 y. ~" i,
cr by the Constitution 10 the ieuci"'
government to establish or "',,,.,a',,
| colonies bordering on the Chiteu
States. or at a distance. to DE ruieu ana
governed at it's own pleasure; ana II u
| new state Is admitted II heeus "o io'
ther legislation by Congress.
Justice Brown expressed thc "plhi""
that II WAS unfortunate IN view Oh the
excited condition Of the country NJ the
time the Scott opinion WIS ''""cI 81.
that the chief justice had iel' 'i'I'e'ieu
10 discuss the question upon us h'er-
lts. 1T is," lie said. "s,i'hciehl l" ray
that the country did not acnuiesce IN
the opinion that the Civil War. which
shortly thereafter followed. Produced
| such changes in judicial as wen MS
public sentiment. as to seriously I'M
pair the authority OF this case
The difficulty with the bred Scott
was that the court refused TO make
distinction between property In gen
cral and wholly exceptional class of
property.
The practical impers0natio ton put by
Congress upon the constitution mas
been long continued ana uniform To
the effect that the constitution IL APP
plicahlc to territories acquired by pur-
chase or conquest only when so Ia rs
Congress shall so direct. Notwith-
standing it's duty to guarantee every
state in this union a Republican form
of government. Congress did not tSi-
tate in the original organization OF the
territories OF Louisiana. Florida. the
Northwest Territory and Wisconsin
and In the case OF Alaska, To establish
IA form of government herring much
greater analogy to n British crown
colony than Republican state Of
America. and TO vest the legislative
power either in Il governor and coun-
ell or a governor and judges TO be ap-
plontcd by the President.
we are also Of the opinion that
power TO acquire territory by treaty
implies not only the power t. govern
such territory but To prescribe upon
what terms the United States shall re-
ccivc it's inhabitants. and what their
statute shall he In what chief Justice
Marshall termed the American En-
pirc.' There seems TO be no middle
ground between this position and the
doctrine that if their inhabitants do
not become Immediately upon anncXa-
ton. citizens Of the United States. their
children thereafter born. whether say
ages or civilized. are such and entitled
To all the rights. privileges and immu-
mites OF citizens.
IF such be their status. the conse-
qucnccs will be extremely serious. In
deed. IL is doubtful III Congress would
ever assent 10 the annexation OF terri
tory upon the condition that its inhab-
itantS. however foreign they may he To
our habits traditions and modes ~
lifc, shall become at once citizens of
the United States. In all it's treaties
hitherto the treaty making power has
made spC, ili provision for this sub
icct'
Further aion;; Justice Brown remarked:
Whatever may be finally decided BY the
American people AS to the status OF ,hoar
islands and their whether
they Shall be introduced into the sister
hood 81 states. or be permitted To form
independent govcrnmtuty--!t does not fol-
low that in tho meantime. awaiting teal
decision. the people are In the matter Of
personal rights unprotected by the pro-
visions az our constitution ard sui iert Ia
the merely arhitrary control III Congress.
Even II regarded as aliens they arc cntt-
tied under IN" principles nf tho cousiitu-
ii"u Ia lie protected in Efc. liberty an
property.
Large powers must necessarily be en-
trusted "a Congress IN dealing with '.i.-s .
problems and are bound to assam .
that they VIII 4" judiciousiy exercised
Human wisdom has never devised , FORM
nf government 50 perfect that IL may NOT
he perverted 70 had purposes. II is sata
10 say that If Congress should venture
upon legislation mHnitcstly dictated by
selfish interests, II would receive quick
rohukc at the hands Of the Ieopic. In
deed. II is scarcely possible that tongTcS 3
could 10 Il greater injustice TO these IS
lands than would be involved in holding
that II could not imnoSc upon the status
taxes and excuses without extending thh
same taxes to them. Such requirement,
would bring them AT once within our in
icrnal revenue system. and applying II 20
territories which have had no cxpcricny.-
OF this Kind and where Il would prove an
intoerahle burden.
Commenting upon the virtual absence
of provisions IN the constitution for tn
acquisition of the territory. Justice Brown
says il can only be accounted for on th1
ground that the Trainers of that instrl-
ment did not foresce the country's future
possibilities in shat respect.
III" he said. 1T is once conceded that
We are at liberty to acquire foreign terri
tory a prcSumptiOn arises that Our pow =
er with respect to such territories is tho
same power which other nations have
been accustomed to exercise with rcS?cCl
To territories acquired by them. We fin |
the constitution speaking only to states.
except in the territorial clause. which i
absolute in it's terms and suggestive Of no
limitations upon the power of Congress III
dealing with them. The states could only
delegate to Congress such powers as they
themselves possessed. and rs they had -
power to acquire new territory they Ia |
none to delegate in that C0nncC ion. Tho
logical inference from this is. that If Con
grcSs had power to acquire new terri DRY,
which is conceded. that power was nos
hampcrcd by the constitutional provis-
ions
In the last paragraph of his opinion. be-
fore announcing the courts opinion. Jus
tice Brown said:
Patriotic and intelligent men may diff
fer widely as to the disturbances of thus
or that acquisition. but this is solely n 20
litical question. We can only consider
this aspect of the case so far as to say
that no construction of the constitution
should be adopted which would prevent
Congress from considering each case upon
strument imperatively demands II. \
false step at this time might be fatal to
the development of what Chief Justice
Marshall called the American Empire.
Choice i'm some cases. the natural Eravi-
tation of small bodies toward large ones
in others. the result of "A successful war
in still others. may bring about conditions
which would render the annexation of dis
tant possessions desirable.
"If those possessions are inhabited by
alien races, differing from us in religion.