Republic Or Empire?: An Argument in Opposition to the Establishment of an American Colonial SystemG. H. Ellis, printer, 1900 - 30 pages |
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Republic Or Empire?: An Argument in Opposition to the Establishment of an ... James W. Stillman No preview available - 2015 |
Common terms and phrases
17 of Section according acquire territory admitted adopted amendment Article assertion blessings of liberty ceded Territories cession Chief Justice Marshall Clause 17 colonial system colonies or provinces conceded confer upon Congress Congress the power Constitution was ordained constitutional provision decisions delegate diction District of Columbia doctrine Dred Scott eral ernment establish justice established or maintained exist extend fact Federal Government Filipinos grant to Congress held immunities of citizens implied powers inherent sovereignty International Law justify legislation by Congress legislative power meaning national sovereignty necessary needful rules opinion ordained and established possesses power in question power is derived power to acquire power to govern preamble thereto principle property belonging property clause public domain public land reads as follows reside respecting the territory right to acquire rules and regulations secure the blessings Senate sidered slavery Spain stitution Supreme Court territory belong thereby therein treaty true Union United Wheaton writer contends
Popular passages
Page 18 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Page 29 - The Government then of the United States can claim no powers which are not granted to it by the Constitution; and the powers actually granted must be such as are expressly given, or given by necessary implication.
Page 31 - The personal and civil rights of the inhabitants of the Territories are secured to them, as to other citizens, by the principles of constitutional liberty which restrain all the agencies of government, state and national; their political rights are franchises which they hold as privileges in the legislative discretion of the Congress of the United States.
Page 23 - The power of Congress over the territories of the United States is general and plenary, arising from and incidental to the right to acquire the territory itself, and from the power given by the constitution to make all needful rules and regulations respecting the territory or other property belonging to the United States. It would be absurd to hold that the United States has power to acquire territory, and no power to govern it when acquired.
Page 20 - Perhaps the power of governing a Territory belonging to the United States, which has not, by becoming a State, acquired the means of self-government, may result, necessarily, from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of the right to acquire territory.
Page 22 - Congress may not only abrogate laws of the territorial legislatures, but it may itself legislate directly for the local government. It may make a void Act of the territorial legislature valid, and a valid Act void. In other words, it has full and complete legislative authority over the people of the Territories and all the departments of the territorial governments. It may do for the Territories what the people, under the Constitution of the United States, may do for the States.
Page 27 - ... has been held to authorize the acquisition of territory not fit for admission at the time, but to be admitted as soon as its population and situation would entitle it to admission. It is acquired to become a State, and not to be held as a colony, and governed by Congress with absolute authority; and as the propriety of admitting a new State is committed to the sound discretion of Congress, the power to acquire territory for that purpose, to be held by the United States until it is in a suitable...
Page 28 - This government is acknowledged by all to be one of enumerated powers, The principle, that it can exercise only the powers granted to it, [is] now universally admitted, But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist...
Page 21 - It is certainly now too late to doubt the power of Congress to govern the Territories. There have been some differences of opinion as to the particular clause of the Constitution from which the power is derived, but that it exists has always been conceded.
Page 30 - States and over nothing else, and can extend over nothing else. It cannot be extended over anything except over the old States and the new States that shall come in hereafter, when they do come in. There is a want of accuracy of ideas in this respect that is quite remarkable among eminent gentlemen, and especially professional and judicial gentlemen. It seems...