New-York tribune., 1901-08-28
THEORIES AND FACTS.

THEORIES AND FACTS.
The critics of the Supreme Court decisions
concerning the new possessions have been tax
ing great pleasure in Congressman Llttleneld
phrases in denunciation of the law as declared
Doubtless they were entitled TO do so; for Mr.
Littlefeld is an able man. and is as apt as any
one at quoting comforting passages from law
books-it is always possible for lawyer TO cite
authorities in support of any position-and con-
traSting an academic ideal of liberty ana hu-
man rights which never existed outside the
dreams of Rousseau and Jefferson with gov
ernment and society as they really are, while
conveniently forgetting to draw attention 10
government and society they actually existed
before the adoption of the revolutionary
policy complained of. Happily for such critics.
n phrase is as good as a fact They say policy
is unprecedented and proceed 10 denounce II
with an assumption of superior virtue ana
learning: and probably they will continue to do
50. notwithstanding ample proofs that IL is not
unprecedented al all.
Other persons, however, who look To history
for the justification of this fervent indignation
are likely TO Sympathize with United states
Judge Townsend. of New-Haven who the other
day at Denver listened 10 Mr.. Litteheid' ana at
the subsequent annual banquet OF the American
Bar Association said Il was greatly interested
in the satirical though forcible address OF the
"eminent gentleman from Maine. but | listened
lin vain throughout tho entire address for any
statement of law or fact TO support his asser-
tions that the decision of the Supreme Court
was contrary TO precedent and authority
That was Just criticism Of Mr.. Llttleneld ana
of most of the other writers and speakers VINO
see degenerate departure from American
principles and practice in the liberty allowed
to the government by the Supreme Court 10
deal with our possessions according to their
needs. instead of according 10 a hne spun
theory. As Judge Townsend pointed out:
From the time Of the Louisiana Purchase In
1909 down 10 the treaty with Spain in 1879 the
treaty. king power Of the government mas
exercised the right TO deal as II saw MT with
the status Of the inhabitants or ceded territory,
one hundred years ago the Supreme Court OF
the United States said that contemporaneous
construction. especially when long acquiesced
in. very strong. il not controlling, with rel
erence to the provisions Of the constitution. For
one hundred years have acted upon the
theory that such act Of Congress was necessary;
that the imposition Of different rates Of duty
was not in violation of the constitution, and in
our Civil War stamped out the heresy that
the constitution followed the flag. And so.
gentlemen. rejoice in this great decision OF the
Supreme Court, which the trainers OF the CON
stitution must have intended, that this country
should come forth. not born as a cripple into
the family Of nations but that she should pos
sess all the essential attributes Of sovereignty
which would enable her 10 govern her posses
sions according TO the best interests Of the
American people. and subject only 10 those pro-
hibtive provisions Of the constitution which
guarantee protection against interference with
natural rights.
Louisiana. when annexed by jefferson.
ruled without conformity 10 the provisions Of
the constitution which now invoked to tie
the hands of the government and make the
ruling of the newly acquired islands practically
impossible since manifestly they could not in
practice he governed as we govern ourselves.
however beautiful the dream Of so administer
ing their affairs may he. Florida was likewise
governed unhampered by the constitution; our
Indian territories always have been, and
Alaska for years has been subject to revenue
laws which would have been unconstitutional
if applied 10 New-YOrk.
There is room for differing views of the nature
and scope OF the constitution. The question in
volved in the island cases is merely a new
phase of that larger question which in sue
cessive stages-cOncerning the right to acquire
territory at all. the right TO create a Federal
corporation or make internal improvements or
levy protective tariff the right 10 issue legal
tender notes, and the right to maintain the
Union by force without the grant of that power
In the constitution divided American pollti
cal thinkers Mr. Lttlefeld is fairly entitled
10 hold and advocate his constitutional theory,
just as Calhoun and Taney and John Taylor did
In their day: but il is little late TO declare the
opposite view 10 be contrary TO all precedent
or authority and ridicule the Supreme Court
because n majority of its justices hold that
doctrine Of liberal construction and national
SOvereiyOfy