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About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (April 5, 1900)
ij * y ? . . - - Cottsemtlvc. JEFTERSOS AS AN EXPANSIONIST. The irooertfc extension of American sovereignty quite different , in many particulars , from former acquisitions of territory. To better appreciate this , an inquiry into Jefferson's idea of expan sion and his conception of the attitude the government should assume toward the people of new acquisitions is quite helpful. He did not attempt a confi dence game , but acted only after con sulting with and obtaining the sanction of congress. Approval of CongreHH. The purchase of Louisiana was dis- , O9ised ? in congress and by the people .sotfew l years before the final acquisition \\vas APiwlo. Jefferson first refers to it in jliia second Annual message , December jl.6 , 1802 , awd Again January 11 , 1808. Itt \hjs \ third annual message , October 17 , 1803 , he .said . : "The provisional appro priation of $2,000 , 000 to be applied and accounted for by the president of the United States , intended as a part of the price , was considered as conveying the sanction of congress to the acquisition proposed. " A marked contrast to the procedure of those who manipulated the purchase of our oriental possessions. Duty of the Government. InShe fctZ1116 message Jefferson expresses - presses liis opinion of the duty of the government towai'A the people of the newly acquired .territory . He said : "With the wisdom of congress it will rest to take those ulterior measures which may be necessary for the im mediate occupation and temporary government of the country , for its incorporation into our Union ; for render ing the change of government a blessing to our newly adopted brethren ; for securing to them the rights of conscience and of property. " In his message of January 16 , 1804 , he said : "On this important acquisition , EO favorable to the immediate interests of our western citizens , so auspicious to the peace and security of the nation in general , which adds to our country ter ritories so extensive and fertile and to our citizens new brethren to partake of the blessings of freedom and self- government , I offer to congress and our country my sincere congratulations. " Modern Mercenary Motive. Congressman Grosvenor of Ohio , the personal representative of the president -on Hie floor of the house , thus stated our duty ; "We have got the Philip pines , and I will tell you what we shall iell the people of this country : we are going to make all the money out of the transaction we can by enlarging our trade with oriental countries. And we are going to embalm th6 doctrines of the declaration of independence upon the statute books of the Philippines just as quickly as we think the time has coine to do it , and we are1 not going to do it one minute before. ' ' Jefferson left it to the wisdom of con gress to devise those measures for "rendering the change of government a blessing to our newly adopted brethren , " and , "enable them to partake of the blessings of freedom and self-govern ment. " McKinley tells the American people , "we are going to make all the money out of the transaction we can , " and , "embalm the declaration of independ ence , " and apply it to them when we get ready and "not one minute before ! " What a marked contrast in personal character is indicated by these radically different conceptions 0f public duty An These quotations from messages of Jefferson show that he looked upon the new acquisitions as an extension of the territory of the United States and that the constitution applied to them as it did to any other portion of American territory. This view is supported by references ejsewhere in his messages. In his fourth annual message he said : "I know that the acquisition of Louis iana has been disapproved by some from a candid apprehension that the enlarge ment of our territory would endanger its union , But who can limit the extent to which the federal principle may operate effectively ? " He regarded the enlargement of the Union as co-existent with enlargement of territory. RollgloiiH Freedom. In the same message he continues : "In matters of religion I have considered that its free exercise is placed by the constitution independent of the powers of the general government. I have therefore undertaken , on no occasion. to pre&aribe the religious exercises suited to it , but have Jeft them where the con stitution found them , under the direc tion and discipline of the church or state authorities acknowledged by the several religious societies. " If one pro vision of the constitution extends to territories independent of the general government , then the principle IB estab lished for all , The expression , "Consti tution found them , " is significant and indicates that the constitution extended to them. Upheld By the Supreme Court. This view of the constitution , as taken by Jefferson , and the precedent he sought to establish , has been uniformly observed by the supreme court of the United States. In the case of Loughborongh vs. Blake , ( Wheaton 5 , 815 , ) Chief Justice Marshall delivered the following opinion : "The 8th section of the 1st article gives to congress the 'power to lay and collect taxes , duties , imposts and ex cises , ' for the purpose thereinafter men tioned. This grant is general , without limitation as to place. It consequently extends to all places over which the government extends. If this could be doubted , the doubt is removed by the subsequent words which modify the grant. These words are , 'but all duties , imposts and excises shall be uniform throughout the United Stated. " It will not be contended that the modification of the power extends to places to which the powers itself does not extend. The power , then , to lay and collect duties , imposts , and excises , may be exerpjsed and must be exercised throughout the United States. Does this term designate the whole or any portion of the Ameri can empire ? Certainly this question can admit of buf. one answer. Jt is thp ' name gjven to pur grea republi'p , whiblj. is composed of states and territories , The Pistricfc of Columbia , or the territory west pf he Missouri , is not less within the United States flfan Maryja.nd QF Pennsylvania ; and it is nqfc less nepesr sary on the principle of our constitution , that uuifprmjfjy } u the imposition of imposts , duties and excises , should bp Observed in tfye one tjaan in the Limitations of Congress. " This clearly establishes the principle of the extension of the constitution and the right of congress to legislate for territories. Is the authority of con gress supreme or subject to the limita tions of the constitution ? In the same opinion the court says : "The extent of the grant being ascer tained , how far is it abridged by any part of the constitution ? The 20th sec tion of the first article declares , 'that representatives and direct taxes shall be apportioned among the several states which may be included within this union according to their respective numbers. ' " The court explains the object of this regulation to be , "to furnish a standard by which taxes are to be apportioned. " The method of exercising the grant of power is not left discretionary with congress but is prescribed. In another place in the decision the court says : " f it be said that the principle of uniformity , established in the constitu tion secures the distript from oppression in the imposition of indirept taxes , it is not less tjmo thaf ; the principle of appor tionment ; , also established in fhe pqnsti- tution , secures the district from any oppressive exercjse of tfye power to lay and collect direct taxes.1 [ 2i Marshall justifies the equity of levy ing the tax on territories , taxation with out representation , only on the ground of the constitutional limitation , The modern interpreters of the constitution would avoid this limitation of the con stitution and thereby destroy the only equity of this species of legislative control. Implied Restrictions. This rule was followed in the case of Murphy vs. Ramsey , (114 ( , U. S. 15 , 44 , ) in which the court said : "The people of the United States , as sovereign owners of the national terri tories , have supreme power over them and their inhabitants , In the exercise