The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-28
NOT UNDER THE AEGIS
OF The CONSTITUTION
All It's Rights and Privileges Not Conferred
on the Islands by the Treaty of
Session.
THUS DECLARES THE SUPREME COURT

tion of territories was iscussed and
many authorities quoted. AS a result of
these citations the justice laid down the
following general conclusions:
Il. That the District of Columbia
and the Territories are not States,
within the judicial clause of the Consti-
tuition giving jurisdiction in cases be-
tween citizens of different States.
20. That Territories are not States,
within the meaning of Revised Statutes,
Sec. 709, permitting writs of error from
this court in cases where the validity
of a States statute is drawn in ques-
ton.
20. That the District of Columbia
and the territories are States, as that
worlds used in treaties with foreign
powers, with respect to the ownership
disposition and inheritance of property.
"A. That the territories are not with
in the clause of the Constitution pro-
viding for the creation of Supreme
Court and such inferior courts as Con-
gress may see fit to establish.
IS. That the Constitution does not
apply to foreign countries or to trials
therein conducted and that Congress
may lawfully provide for such trials be-
fore consular tribunals without the in
PREVENTION of grand or petit jury.
sc. That where the Constitution has
been once formally extended by Con-
gress to territories, neither Congress
nor the territorial legislature can enact
laws inconsistent Herewith"
In his opinion Mr.. Justice Brown re-
ferred at length to the decision of Chief
Justice fancy in the bred Scott case,
giving especial consideration to the
sentiment expressed by hi mthat:
There is no power given by the Con-
stitution to the Federal Government
TO establish or maintain colonies Dor
dering on the United States or at a dis
lance, to be ruled and governed at it's
own pleasure; and if a new State is adj
mitted it needs no further legislation
by Congress, because the Constitution
itself defines the relative rights and
powers and duties of the State, and
the citizens of the State, and the Fed
eral Government. But no power is
given to acquire a territory to be held
and governed permanently in that char
actef."
Justice Brown expressed the opinion
that it was unfortunate in view of the
excited condition of the country at the
time the SCOTS opinion was rendered
just before the beginning of the Civil
War, that the Chief Justice had felt
impelled to discuss the question upon
it's merits. 1T is" he said, sufficient
to say that the country did not ac
quiesce in the opinion and that the
Civil War, thereafter followed, pro-
duced such changes in judicial as well
as public sentiment, as to seriously i'm
pair the authority of this case"
To cd TO
slavery in the territories is so different
from the power to impose duties upon
territorial products, and depends upon
such different provisions of the Consti
tuition, that they can scarcely be con-
"sidered as analogous, unless we assume
broadly that every clause of the Con-
stitution attaches to the territories as
we'll as to the States-a claim quite in
consistent with the position of the
court in the Carter case. The difficulty
with the bred Scott case was that the
court refused to make a distinction be-
tween property in general, and wholly
refused to make a distinction between
property in general, and wholly excep-
tional class of property"
Taking up the case in hand the JUS
tice continued his opinion, saying:
THE practically Interpretation put
by Congress upon the Constitution has
been long continued and uniform to the
long continued an1ao cmfwyetaoinfw
effect that the Constitution is applicable
to territories acquired by purchase or
conquest only when and SO far as Con-
gress shall So direct. Notwithstanding
it's duty to guarantee to every State
in this Union a republican form of gov
eminent, Congress did not hesitate in
the original organization of the terri
tories of Louisiana, Florida the North
west Territory and it's subdivisions of
Ohio, Indiana, Michigan, Illinois and
wisconsin, and still more recently in
the case of Alaska to establish a form
of Government bearing much greater
analogy to a British crown colony than
a republican state of America, and to
vest the legislature power either in a
Governor and council or a Governor and
judiciary to be appointed by the Pres
ident.
1--WE are also of opinion that power to
acquire territory, but to prescribe upon
what terms the United States will re-
ceive it sinhabitants, and what their
status shall me in what Chief Justice
Marshall termed the American empire.
There seems to be no middle ground
between this position and the doctrine
that if their Inhabitants do not became,
Immediately upon annexation, citizens
Of the United States their children
thereafter born, whether savages or
civilized, are such and entitled to all
the rights, privileges and immunities
of citi: IS. If such be their status the
consed es will be extremely serious.
Indeed 4 is doubtful if Congress
would FER assent to the annexation
of territory upon the condition that its
inhabitants, however foreign they may
be t9/our habits, traditions and modes