Middlebury register. (Middlebury, Vt.) 1886-1937, 1901-06-07

power by congress upon particula
occasion or upon particular SUBJECT
within Its provisions. 1t Is quite differ
ent thing to say that congress may pro
coed outside of the Constitution. The
glory of our American system Of govern
ment is that it was created by writer
constitution, which protects the people
against the exercise of arbitrary, un
limited power, and the limits of which
may not be passed by the government il
created, or by any branch of it, or ever
by the people who ordained it, except
by amendment or change of its pro-
visions.
''The wise men who framed the Consti-
tuition, and the patriotic people who de-
creed its adoption, were unwilling to de-
pend for their safety upon what, in the
opinion referred to, is described as
certain principles of natural Justice in
herent in Anglo-Saxon character. They
will remember that Ang lo-Saxons across
the ocean had attempted, in defiance of
justice, to trample upon the rights of
Anglo-Saxons on this continent and had
sought, by military force, to establish a
government that could at will destroy
the privileges which inhere in freedom.
They resolved that the establishment of
government here that could administer
public affairs according to its will only,
without regard to the inherent rights of
freedom, would be ruinous to the liberties
of the people and expose them to the
expressions of arbitrary power. Hence,
the Constitution enumerates the powers
which congress and the other depart
ments may exercise, leaving unimpared
to the states or the people the powers
not delegated to the national government
nor prohibited to the states. That
instrument so expressly declares in the
tenth article of amendments. 1t will be
an evil day for American liberty if the
theory of government outside of the
supreme law of the land finds Judgment
in our constitutional Jurisprudence.
"Again, we are informed that congress
has assumed, in its past history, that the
Constitution goes into territories acquired
by purchase or conquest only when and
as it shall direct, and we are Informed of
the liberality of congress in legislating
the Constitution into all our contiguous
territories. This is view of the consti-
tuition that may well cause surprise, if
not alarm. Congress, as | have said, has
no existence except by virtue of the
Constitution. 1t is the creature of the
Constitution, and has no powers which
that instrument has not granted, eX-
pressly or by necessary implication. |
confess the thought that the mere
creature of the Constitution can, at its
pleasure, exclude its creator from terri
tories acquired only by virtue of that
instrument, is one that | cannot grasp.
II reject altogether the theory that
congress, in its discre ton, can exclude
the Constitution from territory which
we have held to be domestic "Territory
of the United States" acquired, and
which could only have been acquired, in
virtue of the Constitution. | cannot
agree that it Is a domestic territory of
the United States for the purpose of
preventing the application of the Dingley
tariff act, imposing duties upon imports
from foreign countries, but not
domestic territory and part of the United
States for the purpose of enforcing the
duties, imports and excuses imposed by
congress shall be uniform throughout
the United States. | do not understand
how Porto Rico can be a domestic terri
tory of the United States, as we have
distinctly held in Delima VS.. Bidwell,
and yet that it is not, as is now held,
embraced by the words "throughout the
United States.' 1.-The expanding future
of our country" ustfying the belief
that the United States is to become what
is called world pOwer"-of which so
much was heard at the argument-does
not Justify any such Juggling with the
words of the Constitution as would au-
thorize the courts to hold that the words
"throughout the United States" in the
taxing clause of the Constitution, do mot
embrace Territory of the United
States" This is distinction which |
am unable TO make and which | do not
think ought to be made when we are
endeavoring to ascertain the meaning of
great instrument of government.
This court has distinctly held that the
people of the organized territories of the
I mir hn 10 Of II