Problems of Expansion: As Considered in Papers and AddressesReid, Whitelaw
History
Problems of Expansion: As Considered in Papers and Addresses
Reid, Whitelaw
United States -- Colonial question
"The boundaries of the United States, as they existed when war was
declared against Mexico, were not extended by the conquest.... They
remained unchanged. And every place which was out of the limits of the
United States, as previously established by the political authorities
of the Government, was still foreign." (Fleming _et al. v._ Page, 9
How. 616.)
_The United States can govern such territory as it pleases. Thus it
can withhold any power of local legislation._
"Possessing the power to erect a Territorial government for Alaska,
they could confer upon it such powers, judicial and executive, as they
deemed most suitable to the necessities of the inhabitants. It was
unquestionably within the constitutional power of Congress to withhold
from the inhabitants of Alaska the power to legislate and make laws. In
the absence, then, of any law-making power in the Territory, to what
source must the people look for the laws by which they are to be
governed? This question can admit of but one answer. Congress is the
only law-making power for Alaska." (United States _v._ Nelson, 29 Fed.
Rep. 202, 205, 206.)
_Mr. Jefferson even held that the United States could sell territory,
hold it as a colony, or regulate its commerce as it pleased._
"The Territory [Louisiana] was purchased by the United States in their
confederate capacity, and may be disposed of by them at their pleasure.
It is in the nature of a colony whose commerce may be regulated without
any reference to the Constitution." (And Louisiana was so governed for
years after the purchase, with different tariff requirements from those
of the United States, and without trial by jury in civil cases.)
_Again, the United States may even_ (as in the case of Consular Courts)
_withhold the right of trial by jury_.
"By the Constitution a government is ordained and established 'for the
United States of America,' and not for countries outside of their
limits. The guaranties it affords against accusation of capital or
infamous crimes, except by indictment or presentment by a grand jury,
and for an impartial trial by a jury when thus accused, apply only to
citizens and others within the United States, or who are brought there
for trial for alleged offenses committed elsewhere, and not to
residents or temporary sojourners abroad. The Constitution can have no
operation in another country." (_In re_ Ross, 140 U.S. 463, 465.) (In
this case the prisoner insisted that the refusal to allow him a trial
by jury was a fatal defect in the jurisdiction exercised by the court,
and rendered its judgment absolutely void.)
_The United States can govern such territory through Congress._
Public-domain text, read in full here on John Shaqi.
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