The times., 1901-04-09
THE TERM "UNTTED STATES. "
Representative Gaines on Its Defini-
tion in the Light of History.

on the new pOlfcy OF cOlOnidllSm. his re-
searches are both historical aud legal, and
he has made special enquiry into the opin-
ions rendered by Chief Justice Marshall.
| Last night he said:
THE 'definitive' treaty with Great
Britain in 1888 gives with great particu-
larity to avoid, as it says, all disputes
| in the future as to the boundaries of
what then constituted, as the treaty
reads, the United States of America
Section of this treaty, at great length.
gives the boundaries of the United States
of America Briefly the boundary was
| as follows: North by the Great Lakes
and the st. Lawrence River, east by the
Atlantic Ocean, south by the thirty-hrst
! degree of north latitude. now about the
| north Florida line, and west by the Mis-
sissipp River. In other words, the United
| States of America covered all that ter
| ritory east of the Mississippi River, eX-
| Guiding Florida
| we find then the boundaries and the
| definition OF the United States of America
| given by this definitiVe treaty more than
a century ago, and yet the imperialists
of today invoke the aid of q Republican
| Ways and Means Committee, a Republi-
| can Congress, and the highest court in
| the land in trying to define the name of
| this Republic as meaning only the States
| united, whereas this treaty shows that
/ the United States of America has always
| contained and meant the States united
| and the Territories held for the purpose
/ OF making new States under the provi-
! sion OF the Constitution expressly provid-
| ing FOR that purpose. From the very be-
! ginning. then, of this Government this
Republic has been composed of States and
Territories. What next? When we franz
| ed our Constitution. it's very preamble pro-
| vided for the United States of America,
composed of States and Territories.
some OF the States however claimed
they owned this territory. This conten-
tion raised a dangerous issue between
these claimants, to avoid which. at the
request Of Congress- in 1880 the States
ceded all claim they had to this territory
to the United States, the first cession be-
Ing made in 1881 before the Constitution
was framed in 1884, and the last in 1902
after the Constitution had become the
supreme law of the land. The Constitu-
ton expressly provides for making rules
ana regulations for this very territory,
the terms of which are broad enough to
include future territory acquired, and 1t
has been so construed time and again
We hold and control the people of a ter
ritory under and by virtue of the grants
and limitations in the Constitution See
lr'i ing's case, 20 Howard, so far over
looked in discussing this question
In addition TO this historical definition,
defining and giving the boundaries of the
United States of America, we find Mr.
Justice Marshall, in 1911, in Dixon VS.
United States. First Brock, 177-1Sl, de-
claring:
The United States of America is the
true name of that grand corporation
which the American people have formed,
and the charter viii, | trust, long remain
in fun force and vigor'
In 1919, in the Mccullough case Justice
Marshall, in discussing the grants OF
power to the Federal Government and the
extent of their operations, used this lam
guage:
Throughout this vast Republic, from
the St CroiX to the Gulf of Mexico, from
the Atlantic to the Pacific, revenue is to
be collected and expended: armies are to
be marched and supported. The ext
geneies of sihe nation may require that
the treasure raised III the North should
be transported to the South; that raised
in the East conveyed to the West, or that
this order should be reversed
''In 1924, in his American Colonies page
1. paragraph l, Mr.. Justice Marshall de-
fines this Republic thus:
I" The United States of America extend
on the Atlantic from the Bay of Passama
quoddi. in the 18th, to Capt Florida, in
the 25th degree of north latitude, and
thence on the Gulf of Mexico including
the small adjacent islands. TO the mouth
of the Sabine to the Rocky Mountains.
They are separated from Spanish America
by line which pursues an irregular
northwestern direction to the 42d degree
of north latitude, whence II proceeds west
n ha
bounded by the British provinces, from
which, between the Lake of the Woods and
the Rocky or Stony Mountains, they are
separated by the 49th parallel of north
latitude. Their northern boundary west
of the mountains has not yet been ad-
justed.
consequence of its recent acquisition of |
almost uneXplored territory, has not yet
been accurately ascertained, but may be
stated al 2,O00,Go of square miles.
I'm 1920 in the Loughborough case Mr.. |
Justice Marshall defined the United |
States as meaning exactly the same thing
there are those, fatally bent on mischief |
who would have the Supreme Court To |
hold that the two terms mean entirely a |
different thing-that Is, that the United !
United States of America, the States and |
Territories. No one, until twelve months |
ago, ever dared dispute or deny that the |
definitions we here give of the name OF !
our Republic are incorrect
Il now give the fourth definition by |
Mr.. Justice Marshall of the term in ques- I
tion. In 1870 he said:
Does this term Omitted States) desig !
nate the whole or any particular portion |
of the American Empire? Certainly this |
question can admit OF but one answer. 1t |
is the name given to our great Republic. |
which is composed of States and Terri |
tories The District Of Columbia. or the /
Territories west of the Missouri River, is |
not less within the United States than |
Maryland or Pennsylvania; and 1t is not /
less necessary, on the principles of our |
Constitution, that uniformity in the impO-
sition of imposts and duties and excuses /
should be observed IN the one than the |
other
In the Cohens case an issue arose be-
tween a Federal statute and the laws of |
Virginia, and answering the contention of |
Virginia Chief Justice Marshall held that
the Constitution, statutes made thereuu-
der, and the treaties of this Republic are
the supreme law of the land and bind |
all the United States. The court was
create a corporation in the District of
Columbia to transact business in other
States. and instead of again saying that
the District of Columbia was Il part of
the United States and the Constitution
applied there and throughout the Re
public, operating alike at all times and all
places morris case, l Curtins Cir ReptD
used these words for the sake of 'brevity:
Binds all the United States to shape the !
operation of the COnstitu-
ton.
Congress, TO redeem it's promises of
1880. when 1t requested the States to cede !
this territory, had 10 make and. we con-
tend, did make the Constitution for the |
purpose Of governing this territory aud |
future acquisitions. and did so, and held |
that the Constitution did take the place
of this ordinance because this ordinance !
of 1871 had to be re-enacted by Congress