subsequent case and that, at least in other aspects if not in this, the Constitution may be made to apply to the Territories in restraint of congressional power. As a public policy the rule here indicated may be at any time reversed by the people. It is not certain that this decision is to be the final judgment of the Court. It is not certain that in the expansion of the Republic a rule has been established to govern for all time to come, according to which,

Our Colonial although new territory may be acquired, the Government Republic will not expand with its principles of

Marks a

Fundamental government but will simply accumulate posses. Departure in sions and colonies to be governed by an ex. our Political

System. ternal will imposed upon them. No future course is certain. It is only the past that is secure. But, judging from the past, no one can doubt that in the law and politics so recently applied in the government of distant colonies the Republic has marked a great departure. If there was any fundamental principle in politics for which our fathers contended in the American Revolution; if there is any that may be said to have been made sacred by the struggles of American history; if there is any principle which we have sought for a century to apply in the government of States and Territories, it is that the rights, liberties, immunities, and constitutional privileges of the citizen abide in the local bodies, Colonies and States, and that one body politic should not have unrestrained legislative power over the trade, revenues, property, lives, and liberties of another. To make this principle forever sure against the usurpations of government, reliance was not to be placed merely on “certain principles of natural justice inherent in Anglo-Saxon character," but a fundamental law defining the limits of government should be ordained and established whose limits might not be transcended by governmental agents. If the existence of a written Constitution cannot save us from the violation of this principle it is yet to be seen whether the forces described as the unwritten Constitution will be able to do so. History has illustrated in so many ways the vital importance of this principle that it is safe constantly to remind the citizenship of America that, as one of our own prophets has said, the Republic can last no longer than its people are faithful to the ideals and principles of its founders.'

1

REFERENCES ON THE GOVERNMENT OF THE

TERRITORIES AND THE COLONIES

1. Outlook, Dec, 16, 1899, “Our Constitution and the Colonies." 2. Outlook, (a) Feb. 10, 1900, “Our Colonial Responsibilities ”; H. G.

Curtis on “Government for Our New Possessions"; (6) Feb. 3, 1900, “Self-Government in the Colonies " ; (c) Dec. 14, 1901, “ The

Supreme Court Decision and its Consequences." 3. Report of Secretary Root, December, 1899. 4. Prof. H. P. Judson, Review of Reviews for April, 1900. 5. Majority Report, Committee of Ways and Means, House of Repre,

sentatives, Feb. 8, 1900 ; Minority Report, House Documents. 6. Speech of Hon. Chas. E. Littlefield, of Maine, in House of Repre

sentatives, Dec. 17, 1901. 7. “ The Insular Cases,” the annual address of Hon. Chas. E. Littlefield

before the American Bar Association, Denver, Colo., Aug. 22, 1901. 8. Speech of Hon. Samuel W. McCall, of Massachusetts, in the House of

Representatives, Feb. 22, 1900. 9. American Law Review, July-August, 1901, pp. 597-617, in Notes on

Recent Cases.” 10. Decisions of the Supreme Court, United States Supreme Court Re

ports, pp. 179-182, Davis, Reporter, 1901. 11. BRYCE, American Commonwealth, vol. i., chap. xlvii. 12. Current History, March, April, May, 1900. 13. Arena, May, 1900. 14. Views of an Ex-President, BENJAMIN HARRISON, chap. vii., “The

Status of Annexed Territory and of its Free Civilized Inhabitants." 15. WHITELAW Reid, Problems of Expansion. 16. WILLOUGHBY, W.F., Territories and Dependencies of the United States.

INDEX

А

a form of government, 47, 49;

distinguished from oligarchy,
Abbott, Lyman, Rights of Man,

49 350
19, 35; on government by con- Aristotle, politics of, 47, 48, 49,
sent, 25

51
Absolute Democracy, 57

Arizona, 358
Absolutism, theory of, 26; op- Austin, Province of Jurisprudence,

posed by the theory of gov- on a Federal and a Confederate
ernment by consent, 27 sq.

State, 64
Adams, John, 190, 191, 297
Adams, John Quincy, 130, 186,

B
234, 243
Admiralty Cases, 316

Bagehot, on Cabinet Govern-
Alaska, 358; government of, 365 ment, 274
Alaskan Treaty, 162 sq., 361, 381 Bancroft, George, 329
“All men

are created equal.' Bank, Second United States, 101
See Equality.

Banks, representative, 162
Allen, Grant, on evils of an arti- Barron vs. Baltimore, 78, 79, 85
ficial aristocracy, 39, 40

Bates, Attorney-General, on sus-
Amendments, to United States pending Habeas Corpus, 181

Constitution, purpose of, 79; Bayard, manager in Blount's
first ten, 84; President's as-

Čase, 232
sent unnecessary,. 154; sove- Bayard-Chamberlain Treaty, 166
reign power unlimited in, 209; Belknap Case, 229, 230, 233
how secured,

333; to State Benton, Thos. H., Thirty Years'
constitutions, 343

View, 153, 234
“Anti-Nebraska Men,” 303 Bicameral system, 199; historical
Appointing power,

182. See basis of, 200
President.

Bill of Attainder, 79, 85
Apportionment of State Sena- “Bill of Rights,” 78, 79; pro-

tors and Representatives, 345 visions of, 84-85; 323.
Appropriations, bills for, 282; Blackburn, Representative, 304

Committee on, 284; privi- Blackstone, Commentaries, 113
leges of Chairman, 284; Ex- Blaine; James E., 128; Twenty
travagance of, 286; Repre- Years of Congress, 155, 164,
sentative Cannon on, 286; and 189; as Speaker, 272
redress of grievances, 302–304. Blair Educational Bill, 268
See Money bills.

Bland, Representative, 251, 255
Aristocracy, evils of, 39, 42; as Blount, Representative, 157

387

Committees of Congress, Com- guaranteed to Island Posses-

mittee of the Whole, 258, 265, sions, 380
275; Caucus, 275; special, or Constitutional law, 80, 163; on
select, 275; standing, 276; ses- relation of Executive and Ju-
sions of, 276; control of House diciary, 104, 105, 108; on the
over, 277; House action on

scope of the treaty power,
reports of, 277; expert chair- 163, 164; Constitutional Limi-
men of, 278; on Finance, 281 tations, 320, 341, 344
599.; on Ways and Means, 283; Constitutional limitations, 73 sq.,
need of concerted action, 283; 78, 79, 82, 83
on Appropriations, 284; on Constitutional statutes in Eng-
Rivers and Harbors, 284, 286;

land, 323
conference, 287, 295; proposed Construction, rule of, 80; dis-
party committees, 290; Cap- tinguished from interpreta-
tain Chadwick on, 291-292; tion, 334; Marshall's princi-
“Steering," 292

ples of, 335; Lincoln on, 336.
Commons, J. R., proportional See Implied powers;

Strict
representation, 126

construction.
Composite State, 61, 63, 64 Contested elections, 131; Act
Concurrent powers, 81, 82, 83 regulating, 133
Concurrent Resolution, 154, 155 Convention of 1787, 200 sq.
Confederation, or League, de- Cooley, Thomas M., rule of con-
fined, 61, 64, 65

struction, 80
Confederation of 1781, 94; Con- Court of Claims, 314, 316
gress of, 198

Court-made law, 331
Conference Committee, 287, 295 Courts, Federal, classes of, 313,
Congress of United States, pow- 314; jurisdiction of 315, 599.;

ers limited and representative, transfer of cases from State,
89, 90; list of powers, 249; 315; follow State decisions, 319;
powers denied_to, 250; rela- power to declare an act uncon-
tions to the Executive, 296; stitutional, 320, 325, 326; inad-
Executive patronage, 299; how vertent negative on State laws,
it may influence the President, 321; unique supremacy of, 323,
299 $99.; attempts to subordi- 332; compared to European, 324
nate the Executive, 303 $99.; Crawford, W. H., and the “Four
patronage of, 308

Years' Law," 186
Congressional government, com- Crisp, Speaker, 254

pared with Cabinet, 273 sq. Crumpacker, Representative, on
Conkling, Senator, 224.

House Rules, 254
Connecticut Compromise, 207 Curtis, George T., on early
“Consent of the governed.' See American Cabinets, 191
Government by consent.

Curtis, George William, on Civil
Constitution, definition of, 90; Service Reform, 186

written and unwritten, 90-91.
See Unwritten Constitution.

D
Constitution, United States, dis-
tribution of powers by, 72, 79;