« PreviousContinue »
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
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.'
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.
a form of government, 47, 49;
distinguished from oligarchy,
posed by the theory of gov- on a Federal and a Confederate
Bagehot, on Cabinet Govern-
are created equal.' Bank, Second United States, 101
Banks, representative, 162
Bates, Attorney-General, on sus-
Constitution, purpose of, 79; Bayard, manager in Blount's
333; to State Benton, Thos. H., Thirty Years'
View, 153, 234
182. See basis of, 200
Bill of Attainder, 79, 85
tors and Representatives, 345 visions of, 84-85; 323.
Committee on, 284; privi- Blackstone, Commentaries, 113
Bland, Representative, 251, 255
Blount, Senator, impeachment
the End of the First Century,
claimed for the Colonies, 3; III,
British North America Act, 342
sular cases, 376
the Confederation and the
pendence, 102; as President,
110; 154, 191, 328
66, 133, 135, 137, 144; Middle
Bland Bill, 254
fects in the Election of the Presi-
dent, 127, 268
217; legislation by, 260; com-
lution, I sq.
Committee system, 291, 292
Amendment and, 352; Cal-
utive veto, 151, 152; as Speaker,
Cabinet, the American, 189 sqq.;
in early administrations, 190,
President, 192, 193
use of veto, 150; 175; on Execu-
can principles, 385
ment of, created, 190
law, 92; in House of Repre-
96; practice of 97, 98, 99; 111;
Calhoun, on delegation of sove-
reignty, 64; 185, 187, 353
Committees of Congress, Com- guaranteed to Island Posses-
mittee of the Whole, 258, 265, sions, 380
scope of the treaty power,
ples of, 335; Lincoln on, 336.
Court-made law, 331
ers limited and representative, transfer of cases from State,
Years' Law," 186
pared with Cabinet, 273 sq. Crumpacker, Representative, on
House Rules, 254
Curtis, George William, on Civil
written and unwritten, 90-91.
Danish West Indies, 367
10; preamble of, 10-11; teach-
of Colonies asserted, 3; how Consent.