The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28

be said Of its powers under the constf-
tuition, as well as outside of it. Human
government 50 perfect that il may not
he perverted to bad purposes 1t lis
never conclusive te argue against the
possession OF certain powers from pos
sible abuses of them,
1T us safe to say that If congress
should venture upon legislation mani
testify dictated by selfish interest it
would receive quick rebutle at the
hands Of the people. Indeed, it is
scarcely possible that congress could
do q greater injustice 10 these islands
than would be involved in holding that
II could not impose. upon the states
taxes and excuses without extending
the same taxes TO Them Such require
ment would bring them al once within
our internal revenue system, Including
paraphernalia of that system. and ap-
plying it to territories which have had
no experience of this kind. and where
at would prove an intOlerable burden.
Sence OF PROVISION IN the constitution
FOR the acquisition OF territory. jus
tice Brown says it can only. be ae-
counted for on the ground that the
trainers of that instrument did not
foresee' the countrX's future possibili-
ties in that respect.
III" ne says, 1T be once conceded
that We are AT liberty to acquire for
elgn territory, a presumption arises
that our mower with respect to such
territory is the same power which
other nations have been accust stoned
to exercise with respect to territories
acquired by them. If. in limiting the
power which congress was to exer-
else within the United states. it was
also intended to limit 10 with regard
to such territories as the people of
the United States should thereafter
acquire, such limitations should have
been expressed.
SPEAKS ONLY TO STATES.
Instead OF that we hnd the .constf-
tuition speaking only to states, except
in the territorial clause, which is alb
solute IN its terms and suggestive Of
no limitations upon the power OF con-
gress in dealing with them. The states
could only delegate to congress such
power as they themselves possessed.
and as they had no power to acquire
new territory, they had none to dele-
gate IN that connection. The logical
Inference from this is that if
congress he'd power to acquire new
territory, which is conceded, the power
was not hamDered by the constitu-.
tiona1 provisions"
In the last paragraph Of his decision,
before anneuncing' the courts opin-s
lOn,- Justice Brown said. Patriotic
and Intelligent men may differ widely
as TO the desirableness of this or that
cltlt4 lAl54LlDfls Dub TINS is SDle1N a UOllLl-
cal question, We can only consider
this aspect Of the case so Tar as TO say
thar no construction of the constitu-
ton should be adopted which would
prevent congress from considering
each case upon its merits, unless the
language Of the instrument inpera-
lively demands il. a false step at
this time might be fatal to the de-
velopment OF what chief Justice Mar
shall called the American empire.
Choice IN some cases, the natural
graduation 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 the distant
possessions desirable.
II those possessions are inhabited
BY oalien races, differing from us in
religion, customs laws, methods OF
taxa ton and modes Of thought, the ad-
ninistratiOn Of government and jus
tice, according TO Anglo-SaXon prin-
ciples, may for a time be impossible.
and the question at once arises
whether large concessions ought not
to be made for time that ultimately
our own theories may be carried out
and the blessings of a free government
under the constitution extended 10
them We decline to hold that there
is anything in the constitution to for
bid such action