The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-08

that might substantially be continued,
And Congress has recognized this fact in
the past, and indeed in the present in
stance, by virtually ratifying the action
of the President. Under the Porto Rican
act of April -. 1900, the military orders
were continued in force as laws and the
civil courts made the successors of the
so-cailed military tribunals.
In the noted case of Fleming VS.. Page.
Chief Justice Taney says that the United
States may demand the cession of terri
tory as the condition Of peace. in order
to indemnify its citizens for the injuries
they have suffered, or to reimburse the
Government for the expenses of the war.
II territory may be acquired for such pur-
pose, it certainly may be taken and held
upon such terms and conditions as may
be proper and necessary to carry the pur-
pose into effect. Territory acquired to
indemnify and reimburse may be taken
and held as pledge or as a possession.
Professionally or Indefinitely, with the re-
served power of disposition and control
suitable to accomplish the desired end.
10 incorporate such territory into the
Union and make it a part of the United
States would defeat the very object of
the acquisition. once there it would
have to Say. for no power exists within
the Union TO dlsmember IL.
III Chief Justice Taney was wrong and
We can not take territory sub modo. to in
demnify or reimburse lis. but only TO make
ii part of the United States. then before
the President carries a war into the enc
mys country he should send a commission
ahead OF the army to ascertain and report
whether the territory he proposes to in
vade and conquer is fit to be made a part
Of the United States, for neither the treaty
making power nor Congress can prevent
that result If a cession follows conquest
Before the President sent Dewey to Manila
he should have satisfied himself that the
Philippines We're suitable for incorpora tion
into the union, for we could destroy the
Spanish power there only at the risk of
having to assume the burdens Of sover--
eighty ourselves"
Referring to the recent speech of ex-
President Harrison at Ann Arbor Mich.
short time ago the Solicitor General
says:
In a recent address. a portion Of which
/ understand has been brought 10 the at
tention of the court, a distinguished
statesman and lawyer affects to aelieve
that il the view of the Government is
correct, Congress could without consti-
tutiOnal objection, pass a Porto Rican act
providing for a number of shocking
things. The Government has never as
has the power of despot in Porto Rico
The fundamental limitations in favor of
personal rights which are formulated in
the Constitution and its amendments re-
ferred to by Mr.. Justice Bradley, stand
in The way of everything suggested which
shocks the moral sense. Congress could
not pass any ex post facto law. or declare
an attainder or grant any title of no
bility, or provide for the trial or punish
a NJ frnr +ln~ fTrara
marked ont by the Constitution. all these
things being prohibited by direct and APP
plicable provisions. If the first ten
amendments do not limit by direct ap-
plication, Congress In legislating for our
new possessions, neither do they operate
within the States which compose the
Union.
The right of the people of the States
to change their laws and system of pro-
cedure so as to make them conform to
changed views of administration. or the
exigencies of their social life, has been
sustained. II the constitutional guaran-
tees relating to indictment by a grand
jury and trial by petit jury are not fun
damental in character, and therefore do
not tie the hands of the inhabitants of
a Territory when organizing a State, why
should they tie the hands of the Presi-
dent and Congress in preserving order
and protecting life and property in our
new possessions?
1t is a strange contention that as
soon as the treaty went into effect the
power of the President and Congress to
preserve order in the new possessions
ceased. There were no grand juries. no
petit juries. no machinery for Furnishing
crime by the processes of the Anglo-S Saxon
law. and yet, IL the limitations intended
for the States at once of their own force
applied in these new possessions, crime
could be punished in no other way.
One of the considerations moving to
such annexation might be the very fact
that the territory SO annexed should enter
ths union with its traditions. laws and
systems OF administration unchanged. 1t
would be a narrow construction OF the
Constitution to require them to abandon
these. or 10 substitute for a system. which
represented the growth OF generations Of
inhabitants. a Jurisprudence with which
they had no previous acquaintance or sym
pathy.
I am at loss to perceive how these
duties on goods brought into Porto Rico
from the United States could properly be
held to violate the Constitutional provision
under consideration. They are not levied
when the goods are eXnaTf03 r. @
place of export"- ~
--asr-stipu. hrf r. HrHr 're
... imported -He r.r