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Our Colonial

Fundamental

System.

But,

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, although new territory may be acquired, the Government Republic will not expand with its principles of Marks a government but will simply accumulate posses- Departure in sions and colonies to be governed by an ex- our Political ternal will imposed upon them. No future course is certain. It is only the past that is secure. 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.'

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"; (b) Feb. 3, "Self-Government in the Colonies"; (c) Dec. 14, 1901,

1900,

Supreme Court Decision and its Consequences."

3. Report of Secretary Root, December, 1899.

4. Prof. H. P. JUDSON, Review of Reviews for April, 1900.

"" The

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 Representatives, 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 Reports, 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.

'James Russell Lowell.

INDEX

A

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387

a form of government, 47, 49;
distinguished from oligarchy,
49 50
Aristotle, politics of, 47, 48, 49,
51
Arizona, 358

Austin, Province of Jurisprudence,
on a Federal and a Confederate
State, 64

B

Bagehot, on Cabinet Govern-
ment, 274

Bancroft, George, 329

Bank, Second United States, IOI
Banks, representative, 162
Barron vs. Baltimore, 78, 79, 85
Bates, Attorney-General, on sus-
pending Habeas Corpus, 181
Bayard, manager in Blount's
Čase, 232

Bayard-Chamberlain Treaty, 166
Belknap Case, 229, 230, 233,
Benton, Thos. H., Thirty Years'
View, 153, 234

Bicameral system, 199; historical
basis of, 200

Bill of Attainder, 79, 85

"Bill of Rights, 78, 79; pro-
visions of, 84-85; 323.
Blackburn, Representative, 304
Blackstone, Commentaries, 113
Blaine; James E., 128; Twenty
Years of Congress, 155, 164,
189; as Speaker, 272

Blair Educational Bill, 268
Bland, Representative, 251, 255
Blount, Representative, 157

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British North America Act, 342
Brown, Justice, decision in In-
sular cases, 376
Bryce, James, 59, 60; compares
the Confederation and the
National Government, 61, 62,
63, 85, 86, 113; on Executive
veto, 150; on success of Ameri-
can Senate, 236-238; on English
Speaker, 265; on American
Committee system 280, 281; 338
sqq.

Buchanan, on Executive inde-

pendence, 102; as President,
110; 154, 191, 328

Buckle, on the Declaration of
Independence, 10

Budget system, need of, 287, 288
Bundesstaat, 63

Bureaucracy, 51, 52
Burgess, J. W., Political Science,
66, 133, 135, 137, 144; Middle
Period, 363

Burke, Edmund, 281
Burrows, Senator, opposition to
Bland Bill, 254

с

Cabinet, the American, 189 sqq.;
in early administrations, 190,
191; duties of, 192; relation to
President, 192, 193
Cabinet, English, 259. See Cab-
inet Government.
Cabinet Government, theory of,
96; practice of 97, 98, 99; 111;
in foreign affairs, 169; com-
pared with congressional, 273
sq.
Calhoun, on delegation of sove-

reignty, 64; 185, 187, 353
Cannon, Hon. J. G., on appro-
priations, 286

Carlisle, Speaker John G., De-

fects in the Election of the Presi-
dent, 127, 268

Caucus, unwritten law of, 93;
217; legislation by, 260; com-
mittee of, 275; methods of
party, 293

Causes of the American Revo-
lution, I sq.

Centralized Republic, 55, 60
Chadwick, Capt. F. E., on House
Committee system, 291, 292
Chamber of Deputies, French,

244
Charters, rights of Colonies under,

5
Chase, Chief Justice, 326, 333, 356
Chase, Judge, impeachment of,
232
Chisholm vs. Georgia, 317
Citizenship, 352 sqq.; Fourteenth
Amendment and, 352; Cal-
houn on, 353; Dred Scott
decision on, 353; State pro-
tection of, 355; Supreme Court
on, 355; privileges of national,
356

Civil rights, guarantee of, 389

sq.

Classification of Powers, 80 sq.
Clay, Henry, 130; opposes Exec-
utive veto, 151, 152; as Speaker,

271
Cleveland, President, 128, 139;
use of veto, 150; 175; on Execu-
tive Independence, 185; and
patronage, 187; 189, 223, 224,
287

Cloture, in Senate, 217-218; in
House, 256-257

Colonial Assemblies, rights of,
4, 5

Colonial government and Ameri-
can principles, 385
Colonies, references on, 386
Commerce and Labor, Depart-
ment of, created, 190
Committee system, by unwritten
law, 92; in House of Repre-
sentatives, 274, 276 sqq.; ad-
vantages of, 278 sq.; dis-
advantages of, 279; Mr. Bryce's
criticism of, 280 sq., 288; com-
pared with English system,
281; remedies for abuses, 288
sqq.

Committees of Congress, Com-
mittee of the Whole, 258, 265,
275; Caucus, 275; special, or
select, 275; standing, 276; ses-
sions of, 276; control of House
over, 277; House action on
reports of, 277; expert chair-
men of, 278; on Finance, 281
sqq.; on Ways and Means, 283;
need of concerted action, 283;
on Appropriations, 284; on
Rivers and Harbors, 284, 286;
conference, 287, 295; proposed
party committees, 290; Cap-
tain Chadwick on, 291-292;
"Steering," 292

Commons, J. R., proportional
representation, 126

Composite State, 61, 63, 64
Concurrent powers, 81, 82, 83
Concurrent Resolution, 154, 155
Confederation, or League, de-
fined, 61, 64, 65

Confederation of 1781, 94; Con-
gress of, 198

Conference Committee, 287, 295
Congress of United States, pow-

ers limited and representative,
89, 90; list of powers, 249;
powers denied to, 250; rela-
tions to the Executive, 296;
Executive_patronage, 299; how
it may influence the President,
299 sqq.; attempts to subordi-
nate the Executive, 303 sqq.;
patronage of, 308
Congressional government, com-
pared with Cabinet, 273 sq.
Conkling, Senator, 224
Connecticut Compromise, 207
"Consent of the governed.'

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See

Government by consent.
Constitution, definition of, 90;
written and unwritten, 90-91.
See Unwritten Constitution.
Constitution, United States, dis-
tribution of powers by, 72, 79;
Jefferson's view of, 74; meth-
ods of changing, 333. See
State constitutions.
Constitutional Convention, sove-
reign power of, 90
Constitutional Democracy, 58
Constitutional government, right
of Colonies asserted, 3; how

guaranteed to Island Posses-
sions, 380
Constitutional law, 80, 163; on
relation of Executive and Ju-
diciary, 104, 105, 108; on the
scope of the treaty power,
163, 164; Constitutional Limi
tations, 320, 341, 344
Constitutional limitations, 73 sq.,
78, 79, 82, 83
Constitutional statutes in Eng-
land, 323

Construction, rule of, 80; dis-
tinguished from interpreta-
tion, 334; Marshall's princi-
ples of, 335; Lincoln on, 336.
See Implied powers; Strict

construction.

Contested elections, 131; Act
regulating, 133

Convention of 1787, 200 sq.
Cooley, Thomas M., rule of con-
struction, 80

Court of Claims, 314, 316
Court-made law, 331

Courts, Federal, classes of, 313,

314; jurisdiction of 315, sqq.;
transfer of cases from State,
315; follow State decisions, 319;
power to declare an act uncon-
stitutional, 320, 325, 326; inad-
vertent negative on State laws,
321; unique supremacy of, 323,
332; compared to European, 324
Crawford, W. H., and the "Four
Years' Law," 186
Crisp, Speaker, 254
Crumpacker, Representative, on
House Rules, 254, on

Curtis, George

American Cabinets, 191

early

Curtis, George William, on Civil
Service Reform, 186

D

Danish West Indies, 367
Davis, Justice, 132

Davis, Senator, and Spanish
treaty, 157

Declaration of Independence, 3,
10; preamble of, 10-11; teach-
ings of, II sq.; interpretation
of, 12. See Government by
Consent.

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