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 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 387 a form of government, 47, 49; Austin, Province of Jurisprudence, B Bagehot, on Cabinet Govern- Bancroft, George, 329 Bank, Second United States, IOI Bayard-Chamberlain Treaty, 166 Bicameral system, 199; historical Bill of Attainder, 79, 85 "Bill of Rights, 78, 79; pro- Blair Educational Bill, 268 British North America Act, 342 Buchanan, on Executive inde- pendence, 102; as President, Buckle, on the Declaration of Budget system, need of, 287, 288 Bureaucracy, 51, 52 Burke, Edmund, 281 с Cabinet, the American, 189 sqq.; reignty, 64; 185, 187, 353 Carlisle, Speaker John G., De- fects in the Election of the Presi- Caucus, unwritten law of, 93; Causes of the American Revo- Centralized Republic, 55, 60 244 5 Civil rights, guarantee of, 389 sq. Classification of Powers, 80 sq. 271 Cloture, in Senate, 217-218; in Colonial Assemblies, rights of, Colonial government and Ameri- Committees of Congress, Com- Commons, J. R., proportional Composite State, 61, 63, 64 Confederation of 1781, 94; Con- Conference Committee, 287, 295 ers limited and representative, See Government by consent. guaranteed to Island Posses- Construction, rule of, 80; dis- construction. Contested elections, 131; Act Convention of 1787, 200 sq. Court of Claims, 314, 316 Courts, Federal, classes of, 313, 314; jurisdiction of 315, sqq.; Curtis, George American Cabinets, 191 early Curtis, George William, on Civil D Danish West Indies, 367 Davis, Senator, and Spanish Declaration of Independence, 3, |