The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-27

SiljUJlOl. anu SGCI Is nave since been
admitted to TIE Union upon an equality
with them page 277.)
Thus construed together. the pun
pose Is irresistible that the words
throughout the United States are in
distingui liable from the words 'amone
or between the several States and that
these prohibitions We're intended TO an
ply only TO commerce between ports OF
the several states as they then existed
or should thereafter be admitted to the
Union.
Indeed the practical Interpretation
put by Congress upon the Con titution
has been long continued and uniform
to the effect that the Constitution is
applicable to territories acquired by
purchase or conquest only when and
SO far as Congress shall 80 direct.
In all these cases. as we'll as in
territories subsequently organized west
Of the Mi sissippi, Congress thought it
necessary either to extend the Consti-
tuition and laws of the United States
over them, or to declare that the in
habitants should be entitled to enjoy
the right of trial by jury. o. pal, and
of the privilege of the writ of habeaz
corpus. well other privileges of the
bill of rights" Pages 27S ana Z7nD
CD Although not framed for telri-
tories. certain limitations Of the con-
stitutiOn upon Congress would apply in
territories as we'll as in states, 1ut e.
tirely irrespective Of al extension
thereto of the CONSTITUTIONS
ITO sustain the Judgment in the case
under consideration il by no means be-
comes necessary to show that none of
the articles of the Constitution Apply
to the island of Poo Rico There is &
clear distinction between such prohlhi-
tions as go to he very root oc the
power of Congress TO act n al, ire
spective of time or Ilace, and such as
are operative on'S throughout the
United States = ainonS the several
states.
Thus, when the Constitution de-
clares that no bill of attainder or ex
post facto law shall be passed, and
that no title of nobility shall be grant
ed by the United States it goes to the
competency of Congress TO pass a bill
of that description. Perhaps tie SINE
remark may apply to the FIRST Amend
ment, that Congress shall make no
law respecting an establishment CT le-
ligion, or prohibiting the free exercise
thereof; or abridging the freedom of
speech, or of the press: n the right
of the people to peacefully assemble,
and to petition the government for a
redress of grievances We 10 not Wish,
however, to be understood rs express
ing an opinion how far The bill Of
rights contained in the FIRST eight
amendments is of general and how far
of local application" pages 30 and
277D
CD Without an extension of the con-
stitution. certain natural -. personal
rights are probably secured il al! ter
ritories, because they exist independent
ly of written law, the Constitution
merely prohibiting interference with
them
I'VE suggest, without intending to
decide, that there may be a distinction
between certain natural rights, en-
forced in the Constitution by prohibi-
tions against interference with them,
and what may be termed artificial or
remedial rights, which are peculiar to
our own system of Jurisprudence. OF
the former class are the rights to ones
own religious opinion and to a public
expression of them, or, as sometimes
said, to worship God according to the
right to personal liberty and individu-
al property; to freedom of speech and
of the press; to free access to courts
of justice, to due process of law and
to an equal protection of the laws; to
immunities from unreasonable search
es and seizures, as we'll as
cruel and unusual punishments;
and to such other immunities
as are indispensable to a free
government. OF the latter class are
rights to citizenship. to suffrage,
Minor VS.. Happersett, 81 Wall. 1872, and
to the particular methods of proce-
dure pointed out in the Constitution,
which are peculiar to AngIo-Saxon
Jurisprudence, and some of which !
have already been held by the States !
to be unnecessary to the proper pro- |
lection of individuals.
whatever may be finally decided
by the American people as to the !
status of these islands and their in |
NEUTRALITY-SUSPICIOUS. they shall be in |
troduced into the sisterhood of States |
or be permitted to form independent |
governments-it does not follow that !
in the meantime, awaiting that deci- !
sion, the people are in the matter OF
personal rights unprotected by the ,
provisions of our Constitution, and |
subject to the merely arbitrary con- |
troll of Congress. Even if regarded as |
aliens, they are entitled under the !
principles of the Constitution to be |
protected in life. liberty and property |
This has been frequently held by this |
court in respect to the Chinese, even |
when aliens, not possessed of the poll |
teal rights of citizens of the United !
States pages $50 and 2S3D
90 The Constitution having been |
extended to Hawaii it is important to |