The Savannah morning news., 1901-05-28
ADMINISTRATION UPHELD.
Continued from First pageo


e~rdre a territory to be held and gov
srned permanently in that character"
Tpstice Brown expressed the opinion
.tst it. was unfortunate in view of the
arcited condition of the country at the
lime the Scott opinion was rendered, just
before the begenning of the Civil War,
RAT the Chief Justice had felt impelled
:, discuss the question upon it's merits.
-. is" he said, sufficient to say that
.5e country did not acquiesce in the opin-
ion and that the Civil War, which short
l., thereafter followed, produced such
changes in judicial, as we'll as public SEN
+iment. as to seriously impair the author
ity Of this case.
I1e added: The power to prohibit slav-
49,, In the territories is so different from
tna mower to impose duties upon terrific
to1 nroducts. and depends upon such
di1erent provisions of the constitution,
4.o+ they can scarcely be considered as
on,loeous unless we assume broadly that
overv clause of the constitution attaches
% the territories as well as to the states
claim quite inconsistent with the po-
.irion of the court in the Canter case.
rrbo difficulty with the bred Scott case
1-as that the court refused to make
zi,+iuction between property in general,
md wholly exceptional class of prop
taking I'D the case in hand, the justice
continued his opinion, saying:
only as Congress Shall Direct.
.,Tbe practical Interpretation put by
| congress upon the constitution has been
lang continued and uniform to the effect
+bot the constitution is applicable to
territories acquired by purchase or con-
4 ouest only when and so far as Congress
shall so direct Notwithstanding its duty
4 N guarantee to every state in this union a
4 renuhlican form of government, Congress
N5 not hesitate in the original organiza-
zion of the territories of Louisiana. Flor
ida the Northwest Territory and its sub
divisions of Ohio, Indiana, Michigan, Illi-
uois and Wisconsin, and still more recent
" in the case of Alaska, to establish
form of government bearing a much
! greater analogy to British crown colony
than Republican state of America, and
TO vest the legislative power either In a
4 Governor and council, or a Governor and
Judges, to be appointed by the President.
A Dangerous Policy.
"We are also of opinion that power to
acquire territory by treaty implies not
only the power to govern such territory,
nut to prescribe upon what terms the
United States will receive its Inhabitants,
and what their status shall be in what
Chief Justice Marshall termed the Amer
lean empire There seems to be no mid
die ground between this position and the
doctrine that if their Inhabitants do not
become Immediately upon annexation cit
liens of the United States. their children
thereafter born, whether savages or civil
tied are such and entitled to all the
rights privileges and immunities of citi-
zens. If such be their status, the con-
sequences will be extremely serious. In
deco, it is doubtful if Congress would
ever assent to the annexation of territory
upon the condition that it's inhabitants,
however foreign they may be to our hab-
its traditions and modes of life, shall be-
come at once citizens of the United
States. In all its treaties hitherto, the
treaty making power has made special
provision for this subject.
Grave apprehensions of danger are felt
by many eminent men-a fear lest an I'M
restrained possession of power on the part
of Congress may lead to unjust and OPP
pressive legislation, in which the natural
rights of territories, or their inhabitants,
may be engulfed in a centralized despot-
ism These fears, however. find no justi-
a fcation in the action of Congress in the
a past century, nor in the conduct of the
British Parliament toward its outlying
possessions since the American Revolu
ton
Large Powers for Congress.
Further along Justice Brown remarked:
Whatever may be finally decided by the
american people as to the status of
these islands and their inhabitants
whether they shall be introduced into the
sisterhood of states or be permitted to
form Independent governments-it does
not follow that in the meantime, awaiting
that decision, the people are in the mat
ter of personal rights unprotected by the
provisions of our constitution and subject
TO the merely arbitrary control of Con-
gress. Even if regarded as aliens, they are
entitled under the principles of the con-
stitution to be protected in life, liberty
and property
Large powers must necessarily be en-
trusted to Congress in dealing with these
problems, and we are bound to assume
that they will be judiciously exercised.
That these powers may be abused is pos
sioe. But the same may be said of its
powers under the constitution as well as
outside Of it. Human wisdom has never
devised form of government so perfect
that 1t may not be perverted to bad pur-
poses. II is never conclusive to argue
against the possession of certain powers
from possible abuses of them. II is safe
70 say that if Congress should venture
upon legislation manifestly dictated by
sehsh interests, it would receive quick
Ieouke at the hands of the people. In
ueed' 1t Is scarcely possible that Con-
eress could do a greater injustice to
,nese Islands than would be involved in
HoIdlng that it could not impose upon the
states taxes and excuses without extend
Hs the same taxes to them. Such require
.nent would bring them at once within our
lu'e'hal revenue system, including
stamps, licenses, excuses and all the para
pnernalla of that system, and applying
1t 10 territories which have had no expert
eI'e OF this kind, where it would prove
sn lntolerabe burden"
Did Not FOresee Possibilities.
Dommenting upon the virtual absence
provision in the constitution for the
quSlton of territory Justice Brown
SS u can only be accounted for on the
Sound That the trainers of that instru-
- ..n. ola not foresee the country's future
'oilites in that respect. If" he
'S, It be once conceded that we are
.. noerty to acquire foreign territory, a
Suuption arises that our power with
9pe1l 10 such territories is the same
liver which other nations have been ac-
.s1oIned to exercise with respect to ter
tts acquired by them. If, In limit
s lhe power which Congress was to ex-
Se within the United States, II was
s 'o intended to limit 1t with regard to
T.n territories as the people of the
s,.t states should thereafter acquire,
nr, limitations should have been ex-
,'atN' instead of that, we ind the con-
-tih4NlOu RDpakfnp to eta