New-York tribune., 1901-05-28

Foursb-Thnt ~ TeTrftories not wfthin
the clause of the constitution providing 'or
the creation of supreme court m" s".
inferior courts ns Congress may see III ~
establish.
Fffth-That the constftution does not apply
to foreign countries trials therein con-
ducfed and that Congress may lawfully pro-
vide for such trials before consular Hri-
bunnIs. without the intervention OF sr"h"
petit jury.
sfxfb-Tbaf where the constitution has
been once formally extended by Congress TO
Territories, neither Congress nor the Terri
toriaI legislature can enact laws fhcohsisi-
ent Herewith.
THE DRED SCOTT DECISION.
Justice Brown referred at length to the de-
cision Of Chief Justice Taney in the Dred scott
case. giving especial consideration 10 tne seh''
ment expressed by him that:
There is no power given by the CONSTITUTION
10 the Federal government TO estaDnsn an 4aa
maintain colonies bordering on the United STATES
or at a distance. be ruled and goNerIeu dt -. =.
own pleasure, and if a new State is adflltte1 II
needs no further legislation by Congress- ne
cause the constitution itself defines the reldtlNe
rights and powers and duties of the State and
the citizens OF the State and the Federal gov
ernnent But no power is given TO acquire a
territory TO be held and governed permanently
in that character.
Justice Brown expressed the opinion that 1T
was unfortunate, in view of the excited condi-
ton Of the country at the time the Scott opin-
ion was rendered, just before the beginning OF
the Civil War; that the Chief Justice had felt
impelled to discuss the question on its merits.
'It is" he said. sufficient say that the coun
try did not acquiesce in the opinion. and that
the Civil War. which shortly thereafter followed.
produced such changes in judicial well
public sentiment as to seriously impair the au
thority of this case He added:
The power TO prohibit slavery in the Terri
tories is so different from the power TO impose
duties upon territorial products, and depends
upon such different provisions of the constitu-
tion. that they can scarcely be considered as
analogous. unless assume broadly that every
clause of the constitution attached to the Terri
tories as well as to the States-a claim quite
inconsistent with the position of the court in
the Canter case. The difficulty with the Dred
Scott case that the court refused TO make a
distinction between property in general and a
wholly exceptional class Of property.
Taking up the case in hand, the justice con-
tinued his opinion saying:
The practical Interpretation put by Congress
upon the constitution has been long continued
and uniform 10 the effect that the constitution
is applicable territories acquired by purchase
or conquest only when and far Congress
shall so direct. Notwithstanding its duty Ito
guarantee every State in this Union a republi-
form Of government" Congress did not
hesitate in the original organization of the
Territories of Louisiana. Florida. the Northwest
Territory and its subdivisions of Ohio, Indiana,
Michigan Illinois and Wisconsin. and still more
recently in the case Of Alaska, to establish
form of government bearing a much greater
analogy TO a British crown colony than &
publican State of America, and TO vest the legis-
lative power either in a governor and council or
a governor and judges, to be appointed by the
President.
POWER TO ACQUIRE AND GOVERN.
We Hre nIso of opinion that power to nc
qrire territory by treaty implies not only
the power to govern such territory, but TO
prescribe upon what terms the United States
will Q(eix ITS in In tan md fbair
stains shall he in what Chief Justice Mnr-
shall termed the "American Empire" There
seems to be no middle ground between this
position and the doctrine that if their in
habitants do not become. Immediately upon
annexation, citizens of the United States,
their children thereafter born, whether
civilized. such. entitled
all the rights, privileges and immunfties of
citizens. If such he their status. the conse-
auences will be extremely serious. Indeed
II lis doubtful If Congress would ever assent
to the annexation of territory upon the con-
dition that fits inhabitants. however foreign
they mny he to habits. traditions End
modes of life. shall become n once citizens
of the United States. In all its treaties
hitherto the treaty making power hns made
special provision for this subject.
NO FEAR OF DEsPOTIsM.
Grave npprehensions danger nre felt by
many eminent men-a fear that unre
strained possession of power the part Of
Congress lead unjust and oppressive
territories or their inhabitants mny be en-
quilted in n centralized despotism. These
fears, however. find no justification In the
action of Congress in the last century, nor
in the conduct the British Parliament
toward its outlying possessions since the
American Revolution.
Further along Justice Brown remarked:
Whatever may he finally decided by the
American people a TO the status of these ISL
nnds and their fnhnbitants-whether they
Hhal1 be introduced into the sistPrhDod of
States or be permitted to form independent
goyernments-it does not follow that, in the
mean time. awnifinE that decision, the peo-
PIE are In the matter of personal rights un-
protected by the provisions of our consfitu-
rion and subject to the merely arbitrary con-
troll of Congress. Even if regarded aliens
they are entitled under the principles of the
constitution TO be protected in life, liberty
snd property.
Large powers must necessarily be intrusted
TO Congress in dealing with these problems and
we are bound to assume that they will be jul
diciously exercised. That these powers may be
abused is possible. But the same may be said
OF its powers under the constitution as well as
outside Of il. Human wisdom has never devised
a form Of government perfect that it may
be perverted TO bad purposes. 1t is never con-
elusive to argue against the possession Of
tain powers from possible abuses Of them. II is
safe 10 say that IL Congress should venture upon
legislation manifestly dictated by selfish inter
ests, il would receive quick rebuke at the hands
Of the people. Indeed. it is scarcely possible
that Congress could do a greater injustice to
these islands than would be involved in holding
that IL could not impose upon the States taxes
and excuses without extending the same taxes TO
rhem- Such requirement would bring them at
once within our internal revenue system includ-
"cOmmOD Sense"