New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-07

play its part on equal terms in world politics
with all nations AS its interests extend, the
range OF its activities increases but It is no new
force TO be reckoned with The powers long
since learned TO take it into their accounts.
history of American expansion would be in
complete without a review Of its constitutional
aspects. Mr.. Johnsons study of that phase OF
the subject is as admira bic his account Of In
ternational relations and the political processes
OF territorial growth. He is a thorough disciple
OF Hamilton. Al the same time he would admit
that the Hamiltonian conception of the federal
government became a reality only by process
Of evolution. In the annexation of Louisiana he
reads constitutional development" 1T was
the rise Of American nationality to the full
stature Of international sovereignty" BY that
acquisition. he declares:
The Constitution had not as Jefferson said.
been made blank paper by construction II had
into vital ana progressive thing, suited to the
needs of a living and growing nation. In the
purchase Of Louisiana the development OF con-
stitutional principles and institutions began
national sovereignty was esta blished and the
original Jenersonian theory of States rights
was discredited In that great act Of sovereign
power the United States first asserted its ma
tionality and established the principle which
half century later enabled 1t TO suppress re-
bellion. prevent secession and MAINTAIN the
Union.
are compelled TO differ with the authors con-
stitutional exposition. He bases the right to
acquire territory the words of the Tenth
Amendment: The powers not delegated to the
United States by the Constitution, prohib-
tied by it 10 the States. are reserved TO the
States respectively to the people" He
sues that the acquisition of territory is one OF
those reserved powers and as it cannot be pos
sessed by the States respectively. it must belong
to the people and be exercised by them through
their representatives in Congress. This seems
10 US both n perversion of the meaning
of the article and an unnecessary attempt to
deduCc from a phrase a power instinct in the
very being of government The clause in ques-
ton is of the amendments proposed by the
States rights school TO restrict the powers Of
government far possible its defined
grants II those powers reserved from the fed
eral government Ito the people are to be exer-
cised at will by Congress as the representative
Of the people-that is by that same federal gov
eminent from which they are reserved-then our
Constitution is nothing but point of departure,
an outline Of government machinery. and Con
gress like the British Parliament. is absolutely
unlimited. That never could have been the
meaning Of the clause. 1t was rather meant to
guard against the exercise of just such unlim-
tied authority and reserve undelegated powers
to the people to be delegated at their discre-
ton by the only method in which they can dele
gate new constitutional powers, constitutional
amendment.
The right to acquire territory need be put
upon no such shaky foundation Everybody but
the strictest Of strict constructonists finds it as
a necessary implication of the war and treaty
making power. and the Supreme Court has so
regarded 1t. The States rights school admit that
II is indissouby bound up with nationality. If
the United States is a nation. it has necessarily
1t has the power TO acquire territory. though
the constitution contains such specific grant
it must be a nation possessing it as an inherent
attribute Of nationality. The secessionists. when
they sought TO establish the theory of a mere
league, were faced with this fact and one Of
the keenest Of their Iogicians Justice Campbell
in the bred Scott case, seeking for the point Of
departure when in place of a partnership "a
consolidated power had been inaugurated whose
subject comprehended an empire" pointed I'M
eTFingly TO the Louisiana treaty as having in
troduced another system, into the United
States 1t was the act not of a federal agent
with power of attorney from the States, but OF
principal with sovereign Will Mr. johnson. in
mis- exposition of the effects OF the Louisiana
purchase. makes all search for specific warrants
unnecessary. 1t made possible the maintenance
OF The Union. Unless we still such strict
constructionists that think that was con.
sututional wrong we must agree to the exist
ence OF these unexpressed powers, which are The
necessary attributes Of living, growing organ
ism The whole question is settled by the de-
clsion that the United States is not a mosaic
but an organic entity