The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28
POWER OF CONGRESS.

1dA4hS up the case IN hand, the JUS
tee continued his opinion. saying:
The practical Interpretation put by
congress upOns she constitution has
been lOng. continued and uniform to the
erect that the constitution is appEca-
bic to territories acquired by purChaSe-
or conquest only when and so far as
congress shah so dfrect. Notwfthstand-
ing It's duty to guarantee to every
state IN THIS Union republican form.
OF government, congress did not hesf-
tate in the. original organization of the
territories of Louisiana, Florida the
Northwest territory and its subdivision
OF OHIO, Indiana, Michigan, Illinois and
Wisconsin, and still more recently in
the case OF Alaska to establish a form
of government bearing q much greater
analogy to a British crown colony than
a republican state of America and to
vest the legislative power either in
governor and council or a governor and
judges to be appointed by the presi-
We are also OF the opinion that
power to acquire territory By treaty
implies not only the power to govern
such territory, but to prescribe upon
what terms The United States VIII re-
ceiVe ITS inhabitants, and what their
status shah be in what Chief Justice
/ h2rshaH termed the American en-
pire There seems to be no middle
ground between this position and the
doctrine that If their inhabitants do
j.
ton citizens of the United States, their
children thereafter born, whether saw
ages or civilized are such. and entitled
10 all the rights, privileges and iTn-
/ munities of citizens.
RIGHTS OF CITIZENSHIP.
IT such be their status, the conse-
quences viii be extremely serious. In
deed, it is doubtful If congress would
ever assent to the annexation of terri
tory upon the condition that its inhab-
1Janrs, however foreign they may be
20 our habits, traditions and modes Of
me- shalt become at once citizens OF
the United States. In ali its trea ties
alirfleTto the treary-m akfng power rhas
made special provision for this sub
Grave appnehensiOns of danger are
Ieit oy MANY en1inent mell--st fear lest
the part or the congress may lead to
unjust ard oppressive legislation, ia
which the natural rights of territories.
or their inhabitants, may be eugulfed
lIl a cerrralized despOtisnl- These fears
however, md no justification in the
action of congress in the past century.
nor IN the conduct of the British, par
llaTlent t0SVard its outlying post ssfons
since the American revolution"
hurtner along Jushee Brown re-
inaFked: Whatever may be finally de-
clded by the American people as 10 the
status of these islands ard their in
abitants-whether they shah be in
teoaueed into the sisteTh0od OF states
or be permitted to form .independent
goNeFfgInents--it does not follow that
in tlIe meanwhile, awaiting that de-
clsioH the people are, in the matter of
personal rights, HuprOteoted l5N the .I4ro-.
visions 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 constitution to be projected IN
life. liberty and property.
Large powers must necessarily be
entrusted 20 congress in dealing with
these problems, and We are bound to
assume that they VIII be judiciousIy
exereised- That these powers may be
abused is possible. But the same may