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About The Nebraska independent. (Lincoln, Nebraska) 1896-1902 | View Entire Issue (June 6, 1901)
Juno 6, 1901 THE NEBRASKA: INDEPENDENT. desied or abridged by the United States oiw Jby acytate a account of race, color," or previous coneitioa of crrituo Where doe that prohibi tion on tfc laite4 State especially apply if not la the territory? ,f : , . ffc NO SLAVERY IN TERRITORIES. " T thfrtis th amendment fays that neither tlarery nor tsnoftiiitary aerrltade 'shall exist with- ' la tfce United States or any place subject to their -Jurltc'Ictlcn Clearly thi prohibition would have . 'operated in the terrttorie If the concluding words -fc4 not ben added. The history of the times show that that addition was made In view of the len condition of the country the amendment Pm4 the house January 31, 1S65 and. generally 'tpeaklcc. when words are used simply out of abundant caution, the fact carries little weight. i Trosa Marbury vs. Madison to the present dl to utterance of this court has intimated a . coitt that in its operation on the people, by whom axd for whom it was eiunUf-hed. the national gov ernment is a government of enumerated powers, tt exerris of which is restricted to the use of deans appropriate and plainly adapted to constl t'attonal ends, and which are 'not prohibited, but rsf irtect with the letter and spirit of the constitu tion. lhe powers delegated by the people to their agents are not enlarged by the expansion of the domain within which they are exercised- When the restriction on the exercises of a particular power by a particular agent is ascertained, that if an end of the question. To hold otherwise is to overthrow the basis of our constitutional law. and moreover, in effect, to reassert the proposition that the states and not the people created the government. "The power of the United States to acquire territory by conjut. by treaty, or by discovery. . sad occupation, i not disputed, nor is the proposi tion that in all international relations. Interests, and repor.ibiJ:M,s. the United States is a separate, independent, and sovereign nation; but it does rot derive its powers ' from international law, which, though a part of our municipal law, is not z part of the organic law of the land. The source of national power in this country is the constitu tion of the United States; and the government, as to oar internal affairs, possesses no inherent sov ereign power not derived from that instrument, and inconsistent with Its letter and spirit, MAY PROHIBIT COMMERCE ENTIRELY. 'The logical rsult is that congress may pro hibit commerce altogether between the states and territories, and may prescribe one rule of taxation in one territory, and a different rule in another." That theory assumes that the constitution created s. government empowered to acquire coun tries throughout the world, to be governed by dif ferent rales than those obtaining in the oilginal tutes and territories, and substitutes for the pres ent system or republican government, a system of .-cmlnation over distant provinces in the exercise cf unrestricted power. "In crar judgment, so much of the Porto Rican act as aaihcrixM the imposition of these duties Is Jntalid. and plaintiffs were entitled to recover. "Some argument was made as to general con fcequesices apprehtnded to Cow from this result, but the language of the constitution Is too plain and unambiguous to permit Its meaning to be thus influenced- There is nothing ln the literal construction so obviously absurd, or mischievous. repugnant to the general spirit of the instru ment, as to justify those who expound the consti tution in giving it a construction not warranted by its words. "Briefs have ben presented at this bar, pur porting to be on behalf of certain indnstrtf s..and eloquently setting forth the desirability that our government should possess the power to impose a tariff on the products cf newly acquired terri tories so as to diminish or remove competition. But that furnishes. no basis for Judicial Judgment, and if the producers of tobacco, or sugar, or rice, in the exif ting states of this union, believe the con stitution should be amended so as to reach that re sult, the instrument itself provides how. such amendment can be accomplished. The people of all the states are entitled to a voice in the settle ment of that subject. "Again. It is objected on behalf of the govern ment that the possession of absolute power is es sential to the acquisition of vast and distant ter-ritori-. and that we should regard the situation as it is today rather than as it was a century ago. nv must look at the situation as comprehending a possibility I do not say a probability, but a possibility that the question might be as to the powers of this government in the acquisition of Egypt and the Soudan, or a section of Central Africa, or a spot in the Antarctic Circle, or a sec tion of the Chines empire FRAMED FOR ALL AGES. "But it must be remembered that, as Marshall and Story declared, the constitution was framed for ages to come, and that the sagacious men who f-amed it were well aware that a mighty future wite4 oa their work. The rising sun to which Franklin referred at the close of the convention, they well knew, was that star of empire, whose course Berkeley had sung sixty years before. "They may not indel have deliberately con sidered a triumphal progress of the nation, as such, around the earth, but. as Marshall wrote: 'It is not xough to say. that this particular case wts not !a the mind of the convention, when the article was framed, nor of the American people, when it was adopted. It is necessary to go farther, slid to may that, had this particular case been sug gested, the language would have been so varied, as to exclude it. or it would have been made a special exception. "This cannot be said. and. on the contrary. In order to the successful extension of our institu tions, the reasonable presumption is that the limitations on the exertion of arbitrary power would have bee a made more vigorous. "After ail. the arguments are merely politi cal, and 'political reasons have not the requisite ctrtainty to afford rules of judicial Interpretation. POWER TO EXECUTE ALL LAWS. Congreas has power to make all laws which shall be necessary and proper for carrying Into execution all the powers vested by the constitu tion is the government of the United StateB, or in any department or officer thereof. If the end be legitimate and within the scope of the constitu tion, then, to accomplish it. congress may twall the means which are appropriate, which are plain ly adapt.? to that end. which are not prohibited, t ut consist with the letter and spirit of, the con stitution. -The grave duty-of (determining , whether, an. set of congress does or does not comply with these requirements is only to be dischargd-by applying the we;:-st:!ed rules which govern the interpreta tion cf fundamental law. unaffected by the theoret ical opinion cf individuals Tested by those rules, our conviction is that the imposition of these duties cannot be sustained." Justice Harlan's Opinion. Although tie states are constituent parts of th United State, the government rests upon the - authority of the people of the Uniten States, and ..not on that of the states. Chief Justice Marshall. delivering the unanimous judgment of this court in Cohens vs. Virginia, said: That the United States form for many, and for most Important purpose, a single nation, has not yet been denied. - la war, we are one people. In making peace we are one people, la many other respects the Ameri- ; can peopl are one; and the government which is alone capable of controlling and managing their - interest is the government of the union. It is their government, and in that character they have to ther. America has chosen to be. In many re- sects and to many purpose, a nation; and for all these purpose- her government is complete; to all ttes objects it Is competent. The people have de clared that in the exercise of all power given for t&o objects it is supreme. It can. then, in nect- - jSg these objects, legitimately control all individ uals or governments within the American terri tory, - ' - - CONSTITUTION FOR THE TERRITORIES. "In view of these utterances by this court, I cannot assent to the proposition, whether lt be an nounced In express words or by implication, that the national government la a government by ther states in union., and that - the prohibitions ; and ; limitations of the constitution- are addressed only to the. states. That Is but another .form of say ing that the government is'a mere league of states, held together by compact vbetween themselves; -whereas, as this court has, often declared, it is a government created by. the people of the '.United States, with enumerated powers and supreme with,; respect to certain objects throughout all the terri- ' tory over which its jurisdiction extends.', -The coriV, stitutlon by which that government was created speaks not simply to the states In their organized ': capacities, but to all peoples, whether "of states or territories, who are subject to the authority and jurisdiction of the United States. . ' Z- L:?"-:'-- "In the opinion to which I am referring It is also said that 'practical interpretation put by con gress upon the constitution has been long con-. tinued and uniform to the effect that the constitu tion is applicable to territories acquired by pur chase or conquest only when and so far as congress . shall direct;' that while ail power of government may be abused, the same may be said of the power of the government 'under the constitution as well as outside of It:' that 'If It once be conceded that we are at liberty -to-acquire foreign territory, a presumption arises that'our power with respect ' to such territories is the same power which t ther nations nave been accustomed to exercise with re spect to territories acquired by them;'' that 'the liberality of congress in legislating the constitu tion into all our contiguous territories has un doubtedly fostered the impression that it went there by It3 own force, but there is nothing in the constitution itself, and little in the interpre tation put upon it, to confirm that Impression; that as the states could only delegate to congress such powers as they themselves possessed, and as, they had no power to acquire new territory, and therefore none to delegate in that connection, the logical inference is that 'if congress had power to acquire new territory, . which is conceded, that power was not hampered by the constitutional pro visions;' that if 'we assume that the territorial clause of the constitution was not intended to be restricted to such territory as the United States then possessed, there is nothing in the constitu tion to indicate that the power of congress in deal- ing with them was intended to be restricted by any of the other provisions;' and that 'the execu tive and legislative departments of the government have for "more than a century interpreted this si lence as precluding the idea that the constitution attached to these territories as soon as acquired.' ERA OF LEGISLATIVE ABSOLUTISM. "These are words of mighty import. They involve consequences of the most momentous char acter. I take leave to say that if the principles now announced should ever receive the sanction of a majority of this court, the result will be a radical and mischievous change in our system of government. We will, In that event, pass from the era of constitutional liberty, guarded and pro tected by a written constitution, into an era of legislative absolutism, in respect of many rights that are dear to all peoples who love freedom. "Although from the foundation of the govern ment this court has held steadily to the view that the government of the United States was one of enumerated "powers, and that no one of' its branches, nor all of its branches combined, could constitutionally exercise powers not granted, or . which were not necessarily implied from those ex pressly granted, we are now informed that congress -possesses powers outside of the constitution, and may deal with new territory, acquired by treaty or conquest, in the same manner as other nations have been, accustomed to act with respect to terri tories acquired by them. In my opinion, congress has no existence - and can exercise no authority , outside of the constitution. Still less is it true .that congress can deal with new territories just; as other nations have done or may do with their . new territories. This nation is under the control -of a written constitution, which is the supreme law ' of the land, and the only source of the powers which our government, or any branch or officer of it, may exercise at any time or at any place. MEANS A COLONIAL SYSTEM. "Monarchical and despotic governments, un restrained In their powers by written constitutions, may do with newly acquired territories what this government may not" do consistently with our fun damental law. To say otherwise is to concedeAhat congress may, by action taken outside of the con stitution, engraft upon our republican institutions a colonial system such as exists under monarchical governments. That result was never contemplated by the fathers of the constitution, and if that in strument had contained a word suggesting the possibility of a result of that character, it would never have been adopted by the ' people of the United States. The Idea that this country may acT quire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces the people inhabiting them to enjoy only such rights as congress chose to accord to them Is wholly inconsistent with the spirit and genius, as well as with the words, of the constitu . tion. . ' . "The idea prevails with some indeed, has found expression in public speeches and addresses that we have here in this country substantially two national governments; one, to be maintained under the constitution, with all its restrictions; the other to be maintained by congress outside and . 'Independently of that instrument and exercising powers that belong to the other nations of the earth. It ia one thing to give such a latitudinarian construction to the constitution as will bring the exercise of 'power by congress, upon a particular occasion or upon a particular subject, within its provisions. It Is quite a different thing to say that congress may proceed outside of the constitu tion. The glory of our American system of gov ernment 13 that it was created by a written con stitution which protects the people against the ex ercise of arbitrary, unlimited power, and the lim its of which may not be passed by the government it created, or by any branch of it, or even by the people who ordained it, except by amendment or change of its provisions. - INJUSTICE FROM ENGLISH RULERS. -The .wise men who framed the constitution, and "the patriotic people who decreed its adoption, were unwilling to depend for their safety upon what, in the opinion referred to,, is described as 'certain principles of natural justice inherent in Anglo-Saxpn character. . They well remembered thaf Anglo-Saxons across the ocean had attempted, in defiance of justice, to trample upon the rights of Anglo-Saxons on this continent, and had sought, " by military force, to establish a government that could at will destroy the privileges which inhere In freedom. They resolved that the establishment of a government here that could administer public affairs according to its will only, without regard to the Inherent rignts of freemen, would be ruinous to the liberties of the people and expose them to the oppressions of arbitrary power. Hence, the constitution enumerates the powers which con- gress and the other departments may exercise, leaving unimpaired, to the states or the people, . the powera not delegated to the national govern ment nor prohibited to the states. That instru ment eo expressly declares in the tenth article of amendment.; It will be an evil day for American liberty If the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence." In showing how the constitution was framed, Justice Hsjlan said that the fact that the conven tion struck out the words "the supreme law of the several states" and inserted "the supreme law of the land," is a fact of great significance. The "land" referred to manifestly embraced all the , territory, whether within or without the states, over which tha United States could exercise juris diction or authority. . REGARDS IT AS JUGGLING WITH WORDS. ;. 1 reject altogether the theory that congress. i ; in its discretion, can exclude the constitution from a territory "which we have held to be a domestic 'territory of ? the United States,', acquired, and which could only have been acquired, in virtue of the. constitution. I cannot agree that it is a do- . mestic territory of the United States for the pur pose of preventing the application of the Dingley " tariff act imposing duties upon imports, from for eign. countries, but not a domestic territory and part of the United States for the purpose of en . forcing the constitutional requirement that 'all duties, imposts, and excises imposed by congress , 'shall be uniform throughout the United States.' I , .donot understand how Porto Rico can be a do- mestic territory of the United States, as we have ' distinctly held in De Lima vs. Bidwell, and yet '4 that it Is not, as is now held, embraced by. the words 'throughout the United States.' The 'ex panding future of our country,' Justifying the be lief that the United States is to become what is called a 'world .power' of which so much was heard at the argument does not justify any such juggling with the words of the constitution as would authorize the courts to hold that the words 'throughout the United States,' in the tax ing clause of the constitution, do not embrace a 'territory of the United States. . This is a dis tinction which: I am unable, to make, and. which I do not think ought to be made when we are en deavoring to ascertain the meaning of a great in . strument of government. . " "Conceding that the national government is one -of enumerated powers, to be exerted only for the limited objects defined ii- the constitution, and that congress has no lower except as given by that instrument, expressly or by necessary im plication, it is said that a new territory, acquired by treaty or conquest, cannot become incorporated into the United States without-, the consent of con gress. Of course, no such territory '.an become a state without the consent of the legislative branch of the government, for only congress is given pow er by the constitution to admit new states. But it -. is an entirely different question whether a: terri tory, without, becoming a state, may not, for all purposes of government by the nation, come un der the complete jurisdiction of the United States, and therefore a part of the United States, subject to all the authority . which the government may exert over any territory or people. If Porto Rico, whose officers are appointed as if it" were not a part of the United States, then New Mexico, Ari zona,, and Alaska, may be treated as not parts of the United States, and subject to such legislation as congress may choose to enact without reference to the restrictio i :mposed by the constitution. NO VALUE TO CONSTITUTIONAL LIBERTY. "This court has distinctly held that the people of the organized territories of the United States, and the p ople of this district, are entitled to the benefit of those provisions of the constitution which protect life, liberty, and property against the arbitrary power of government. What will it be but judicial legislation for this court .to say that the express requirement of the constitution that all duties, imposts, and excises prescribed by congress 'shall be uniform throughout the United States,' shall not apply to a territory which this court holds to be a part of the United States? The concession, therefore, that no power can be exer cised under and oy authority of the United States except in accordance with the constitution is of no practical value to constitutional liberty if, as soon as the concession is made, the constitution is so' in terpreted as to produce the same results as those which flow, from the theory that congress may go outside of the constitution in dealing with newly acquired territories, and give them the benefit of that instrument only when and as congress shall direct. . "The addition of .Porto Rico to the territory of the United States has ben recognized by direct ac tion upon the part of congress.- It has legislated In recognition of the treaty with Spain. If Porto Rico did not by such action become a part of the United States, it did become such at least when congress passed Jthe Foraker .aet.'f I cannot be : lieve, Jthat congress may impose any duty, impost, 4 or excise with" respect to that territory and its - people which is not -consistent wlth' the constitu tional requirement that all duties, imposts, and ex cises shall be uniform throughout the United States." o o o o o o o o o o o o o o o o o o o o o o o z o o o Mr. Bryan's Criticism. By a vote of five to four, the Supreme Court' has declared President Mclvinley em peror of Porto Rico, and according to the press dispatches the emperor has gladly and grate fully accepted the title and authority thus con ferred upon him by the highest judicial tribu nal of the land. - As the last issue of The Commoner was going to press, Justice Brown began reading the opinion of the court in the De Lima case and as the decision was against the govern ment in that case it was at first thought that the inhabitants of Porto Rico had been brought under the protection of the constitution. But those who were encouraged to believe that the constitution had caught up with the flag were doomed to disappointment. In the Downes case, decided immediately afterwards, a ma jority of the court, composed of Justices Brown, Gray, White, Shiras and McKenna, held- that congress could deal with Porto Rico (and the same logic applies to the Philippines) without regard to . the limitations of the constitution. Chief Justice Fuller and . Associate Justices Harlan, Peckham and Brewer dissented in strong and vigorous language, but the opinion of the majority even a majority of one stands until it is reversed. This is one of the most im portant decisions, if not the ' most important, ever rendered by the court; it not only declares that congress is greater than the constitution which created it the creature greater than the creator but it denies the necessity for a written constitution. The , position taken by the court is defended, or rather excused, by reasoning which, if followed out, will destroy constitutional liberty in the United States. Every reason given by Justice Brown could be used with even more force to support a decis ion nullifying all limitations placed by the con stitution on congress when dealing with the citizens of the several states. If the Porto Ricans' can trust the wisdom and justice of a congress which they do not elect and can not remove, why do the people of the United States need a constitution to protect them from O O O O O o o a congress which they do elect and can re move?. The decision in effect declares that the people are not the source of power; it de fends "taxation without representation" and denies that - governments derive "their just . powers from the consent of the governed. It assails the foundations of the Republic and does so on the ground of expediency. The dissenting opinions bristle with prece dents and burn with patriotism; they oucht to awaken conscientious republicans to a realiza tion of the meaning of imperialism. . V This decision, like the Dred Scott decision, raises a political- issue which must be settled bv the people. The Supreme Court has joined with the President and Qongress in an attempt to change . the form of our government, but there yet remains an appeal to the people. Rockefeller absolutely dominates the Wall street stock market and any man who puts his money in there is a big ger fool than Thompson's colt. Rocke feller created the wreck that swept away the fortunes of very man thou sands of people by suddenly and with out a moment's notice calling in $30, 000,000 of money loaned on call. He stopped it when he concluded" to re duce the interest on call money from 60 to 6 per cent. When a. man can handle as many millions as Rockefel ler can, he can do anything that pleases him with the markets. His power is unlimited. Wall street mullet heads will find that out after a while and then they will all go to the other extreme and begin howling for social ism or something of that sort. Rods It will take a good deal of hypocrisy f of a man to get up on the next Fourth of July and "begin reading the docu ment that solemnly declares that all men are created equal and that all gov ernments derive their just powers from the consent of the governed. If the readers are honest they , will change the words to say; "All men are not created equal and all governments d6 not derive their just powers from the consent of the governed that there are within the jurisdiction of the Unit ed States some sixteen million people who are not equal before the law and that the power to govern them does not come from their consent, but is vested in congress." Any man who Is not a hypocrite will be forced, it called upon to read the Declaration of Indepen dence, to change it as above indicated, if he supports the decision of the su preme court. 160 patterns in chairs, 5Cc - to $50.00 each. Send for Catalogue No. 9. They Work While You Sleep. "While your mind and body rest Cas carets Candy Cathartic repair your digestion, your liver, your bowels, put them in perfect order. Genuine tablets stamped GT C. C Never sold in bulk. All druggists, ioc. More people than the Lincoln lady who first gave expression to it, think that "the law is ridiculous." Down in New Jersey the other day there were confined in the same jail two prisoners. One was 108 years old and was charged with fighting. It seems that' this was an old habit of the prisoner. He be gan fighting along with Jackson at New Orleans behind the cotton bales. The other was also charged with fight ing. He seems to have begun younger than the other for he was only three years old and had to stand upon a chair so the judge could see him. Here was the "law" which had within its clutches two prisoners, one 108 and the other three years old, under the charge of fighting. 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Terms open as follows : June 17, 1901. Sept. 2,1901. Oct. 28, 1901. Dec. 30, 1901. It is better to enter at the beginning of a term, but since individual instruction is given in so many of the branches students can enter at any time with ittle dis advantage.; Are you prepared to begin business for yourself, or to accept a position if one was offered you ? If not, you cannot make a.better in Ociwuvc vuursc xne siuaeni may . fjikA anv studv in eithar course with- O out takine all. Punctuality in attendance and in preparation of lessons is required. We give both class and individual in struction and . use every means to make the student's progress as rapid as is consistent with thoroughness. Both sexes are received in all de partments, i o o o o o o o o o o o o o o o o Work for board can be procured vestment for those who need it. thorough Our Specialty is 1 , BUSINESS EDUCATION Preparing Young Men and Women for BUSINESS PURSUITS Address all communications to LINCOLN BUSINESS COLLEGE, LINCOLN, NEBRASKA. 0000000000000K00 e & Guenzel Go. 1118-1126 N St., Lincoln, Neb. Mail Order Business We issue 29 Special Cata logues and a General Cata logue of House Furnishings. Sent free on request. Safe delivery guaranteed. Money returned if not satisfied. y FU1SC L alogues are as low and quality considered, often below the prices of eastern mail order houses. We save you from 10 to 20 per cent on any: article purchased. Write today for catalogue No. 9. Furniture Hardware tueens war e Bicycles Sporting Goods Jaws This Attachment S"177? Pipe Wrench is a necessary tool to have, but is expen sive, but now everyone can have one. It can be adjusted to fit pipe or bolts from 1-8 to 3 inches. 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Any additional Information con cerning the 6chool or any feature of its work cheerfully and promptly fur nished. tnan to secure a business training. Why Not Learn To Do Something ? JtL. o o o o o o o o o o o o o o o o o o o o o o