The times., 1901-03-21
The constitutIon in the Territori.s.

The Constitution in the Territories.
On Monday last The Times published
a statement Of the views Of Representa-
tive Gaines Of Tennessee on the question
OF the authority Of the Constitution in
uuorganized Territories OF the United
States. The subject is interesting, and
particularly now since it IS expected
that within two weeks the Supreme Court
Of the United States viii decide whether
this is Government OF limited powers
under the Constitution. as well IN Alaska
as in Alabama, and equally in Hawaii "a
in Ohio.
In Dir. Gaines citations and argument
he showed that the undertaking practice
% the Government had been 70 consider
the Constitution as governing law and
administration in and in relation to new
territorial acquisitions, without any ques-
tion whatever. Thus, under the treaty
with Russia ia 1867, ceding Alaska 20 the
United States. as soon AZ that conven-
tion was ratified. Hugh McCulloch. then
Secretary OF the Treasury. ordered that
goods from Alaska should be free in
American perts. following the depart
mental ruIe and law promulgated by the
Administration Of President Polk ~ to
cur California territory. and upheld boy
the Supreme Court in the case OF Cross
against Harrison. reported in the six
teenth volume of Howard
Later. IN 1863. the Hon. William II Sew
ard. then Secretary Of State. added to
the Alaskan record by stating very con-
olusively some Of the reasons why this
country ough, to hang its head in shame
at the surrender TO Great Britain of the
ForcupiEe district in letter, written
on January 81. 1862. to General schofeld.
secretars- Of War at The time, Mr.. sew
ard said.
by tlg sixth article Of our treaty with Rus
.is u March 30 1861 the ee-siou of the territory
and daa1iH therein made 10 declared to be- FREQ
and meucuH5ered hy any resery5Jious, privileges
Haucln'e,. grants, ot possessions 1F amy ae-
sgclatcd ComUauie-. whether corporate oT InsDr-
p3rlte Russian ar amy other. uI by any IaI'fn-
except merely private .ndiyidua. properu hgId-
eIs'
Article Of thc treaty between Great B.5tah
and Russia. ~ February IS. lsZ5 l3 Us.t-ict'-
Treaties, 26l. which vac revived and continued
by -he seventeenth article 2f ihe treaty between
The ssule Powers oi January lZ 1853 IJ U.rt-lef.
l06g provides thar 'u8 ,-,abI I-iunout -H4. b..
formed by either ~ tHe tWo parties .a-aH la
limit. assigned hf the ta0 preceding su...e, q.
the possessions " tae otuprt consequently BIRTHS.
subject. -IaU uoI form ans establishment alI.l
fhe limits oi tHa Hu-sisu pa-als-ion-.' TIN. afl.|,
referred t0 established IGe boundary lu-- Hs-
tween tHo British and Russian possession, oa t.l
northwest coast as America. Jae same adopted -s
cur treaty ~ sa-.rH with Russia
''rfe ura-I-iaH- above cited are CON il-ls.
Feaiust tle night ~ taa Hudson Bag Company
o. establish maintain e.ser aH r-faaif-.luI.u'
a. FJrt Yukon i5 described tl Do, Il the s1mr..H--
cation 81 Hr. D. N. smith, 5l."
What would .he patriotic elements af
our citizenship not give TODAY ir thes
could fee sure that the present admin
istration Of the State Department were
ia hands as strong 10 maintain the rights
Of the American people against foreign
aggression as were those Of William II
Seward2 lie was one Of the old cham
plons Of OR Constitution and simple
democratic institutions lis kind have
nearly disappeared Almost the last O.
the type died when Ben jamin Harrison
died. SIR Seward emphasized the IN
questionable doctrine that tue Constitu.
ton. the creator, extends wherever tht