The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-13
The Flag and the Constitution.

| At a time when the American public
| is awaiting in suspense the decision OF
the Supreme Court on the Porto Rican
and Philippine constitutional questions,
| 1t is doubtful If much should be said in
| the connection. Yet it is allowable, per-
| haps, to show the American people how
great reason they have to expect that
our tribunal of last resort will stand by
the fundamental law of the country,
and confuse those who would over
turn it.
The reasoning upon which the opinion
of the Supreme Court viii be based
cannot fail TO be affected by the cele-
brated dictum of Chief Justice Mar
shall, and by the practice of distin-
guished Presidents and judicial de-
cisions after MarshalPs time. 1t is of
interest to note that never in the whole
course of our history, before the ad-
vent of the present Administration, was
it ever assumed that the Constitution
did not go with the flag, everywhere
and of necessity. When the forces of
the United States had taken the Terri
tory of California from Mexico, Presi-
dent Polk, on January IL. 1S47, thus in
structed Commodore Stockton, who was
then in command of the Pacific Station:
The Inhabitants of the California; Terri
ior5 are entitled TO all the benefits Of the Federal
Constitution of the United States TO the same ex-
tent as the citizens Of any other part of the
Union
That instrument establishes form Of govern
lup for VIII in limit AMI
voluntary allegiance to it,"
This is a clean-cut expression Of the
older American idea that our Govern
ment is one OF limited powers, strictly
defined in the Constitution, and that
the place where they are exercised can
not modify the duty Of the Executive
to obey the law. When we acquired the
Territory Of New Mexico, under the
Treaty of Guadalupe Hidalgo, Presi-
dent Polk by order continued the old
laws within the ceded area, excepting ]
those which might be found contrary
TO the Constitution" This executive
action was endorsed by the Supreme
Court in the case Of Leitendorfer versus
Webb, reported in the twentieth volume
Of Howard, pages 176 TO III. In his mes
sage to Congress of December 5, 1s4s.
President Polk said:
The inhabitants. by the transfer Of their coun-
try, had become entitled to the benefits OF our |
laws and Constitution"
The Supreme Court endorsed this
in the suit of Cross versus |
Harrison-16th Howard, page 1e4-and |
the decision in that case never has |
been overruled to this day, except |
by the unconstitutional action Of the |
Mckinley Administration in Porto Rico |
and the Philippines. 1t is useful in this !
to remember that the Su- |
preme Court has declared II TO be I'M |
necessary to extend" the Constitution |
to conquered or acquired territory, be-
cause it goes there EEK proprio vigore,"
as was stated In deciding the Oregon
case of Naval Officer versus Hill OPS |
u. S. Reports). Later, the Supreme
Court said Is Howard. p. 212):
Every nation acquiring territory by treaty
n otherwise must hold 1t subject TO the eonsti-
ution and laws of its own Government"
In late case, that of Hof GA u. s.
seports) the court held that Congress
is II may think lit, so long as it does
lot contravene any provision of the
constitution of the United States
We think that the foregoing cita atoms
'ught to encourage popular confidence
n the outcome Of the trial OF this Con-
which OF old was SO respected
nd venerated by the court before
which 1t now stands in peril of its life.
80 one knows what the outcome may
'e, and this, too, indicates a doubt
which never should be possible TO enter
ain. But we have seen the popular
ranch of Congress suppressed, capon-
led, and brought under the control of
he Administration. We have seen the
Executive make itself supreme over
latters before recognized as in the ex-
Iusive control of the Legislature. and
o one knows what may come next.
Tut OF one thing there Is no doubt:
'rior To the era of the trusts there was
ever 4 doubt in anybody's mind that
nc Constitution went with the flag.