The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-03

United States-the congress of the ter
ritOry and the people of the United
States 1t is not the congress of anyOther
territory or people. Tt is OmnipOtent
nowhere on the face Of the earth. It
was created by the people of the United
States under a constitution specifically
pointing out its powers and duties. Il
exists by virtue of that constitution, as
does also the presidential Office
1T is OmnipOtent nowhere. The only
OmnipOtent thing this side of heaven is
the constitution formulated by the fath-
ers out of times which proved the ne
reSSity OF providing against deSpot'sH
in the presidential office and against the
omnipOtence Of men representing the
people Of the United States
No Monarchy Allowed.
"One would think TO hear the argu-
ments advanced by the government
that there are no restrictions or Hmi-
tdtiOGs Of any sort upon congress or the
president, so far as the territories are
concerned. They may give to Alaska an
absolute monarchy; may give to the
Hawaiian islands a republic. they may
give TO Porto Rico such a government
IS WeyIer would provide They may
give to the Philippines a form of gov
eminent after the plan of Turkey and
China. They may establish d republic
They may deny to the unfortunate in
habitantS Of these islands al the recoG-
nized rights and privileges which char
aCteri1e the codes of civilized nations
In short, they may restore all the rel
les of baTbaTiSm and there IS no power
on earth to stop or control them IL IS
40 answer to this to say that the con-
gresS is too enlightened and the preSi-
dent too mercifuI TO commit such acts
of tyranny and oppression That does
not change the question We contend
that no such right exists, that congress,
in its government Of the territories, Is
itself subject to constitutional Imita-
tions. and that the people of these ter
ritOries or colonies are protected by
these limitations and that they may
themselves appeal To that instrument
for protection
Brief Filed by Coudert.
The brief in the Downes case was filed
by F r Coudert. jr- In this case excep-
ton is taken to the imposition Of duties
OF goods imported into the United
States from Porto Rico.
Mr.. COUdeTt, quoting the decision or
the supreme court in the Cherokee ma
ton case. asks; IF the Paris treaty did
not make Porto Rico a part of the Unit
ed States, how could the congress Of
the United States be vested with the
right To legiSlate for il and to deter
mine the civil rights and political
status Of its native inhabitants
Replying to mis- own question: Mr.,
Coudert said:
The congress of the United States is
NOT vested by the constitution and can
not. therefore be invested by the treaty
w. the power TO IeEislate for a for
e.Ea country
Mr. COudert also suggests the posi-
bilitv Of an amendment 20 the cOnSutu-
tim. saving: Nor need there be any
concern with reference to the question
of expeCiency. If the people Of the
United States deem it expedient that
the additional powers exercised by their
temporary agents should be approved
and should be continued to their sue
cessOrs. the people can so Ordain. The
constitution has provided an easy
method for their SO OTdaining- 1t mas
NOT established the supreme court Tor
that purpose. A constitutional amend
roent if demanded by the people, can
he presented in congress and rauHeu
nv the legislatures in less time thdn IL
viii take this court to unravel and de
te7-uoine the mOmcutOUs questions IN
VOWED in this case II a revolution IN
o1Ir method of, government and IN the
principles for which this government
stands is to be made. It should be mace
nv the power which is at the base or dii
eovernment-the peOple-tOT WhoSe
Ioneft the government is made II
g. -a5nlv should not be done by q eouf-
" 0~ded to be a. cOnservator OF all our
i--=t=-r1tiOns. and not the voice or the
-o-r..o to change the form and charac-
--r e,e those institutions