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
I may add that it has been so held over and over again during the
subsequent fifty. Mr. Chief Justice Waite, giving the opinion of the
Supreme Court of the United States (in National Bank _v._ County of
Yankton, 101 U.S. 129-132), said: "It is certainly now too late to
doubt the power of Congress to govern the Territories. Congress is
supreme, and, for all the purposes of this department, has all the
powers of the people of the United States, except such as have been
expressly or by implication reserved in the prohibitions of the
Constitution."
Mr. Justice Stanley Matthews of the United States Supreme Court stated
the same view with even greater clearness in one of the Utah polygamy
cases (Murphy _v._ Ramsey, 114 U.S. 44, 45): "It rests with Congress to
say whether in a given case any of the people resident in the Territory
shall participate in the election of its officers or the making of its
laws. It may take from them any right of suffrage it may previously
have conferred, or at any time modify or abridge it, as it may deem
expedient.... Their political rights are franchises which they hold as
privileges, in the legislative discretion of the United States."
The very latest judicial utterance on the subject is in harmony with
all the rest. Mr. Justice Morrow of the United States Court of Appeals
for the Ninth Circuit, in February, 1898, held (57 U.S. Appeals 6):
"The now well-established doctrine [is] that the Territories of the
United States are entirely subject to the legislative authority of
Congress. They are not organized under the Constitution nor subject to
its complex distribution of the powers of government. The United
States, having rightfully acquired the Territories, and being the only
Government which can impose laws upon them, has the entire dominion and
sovereignty, national and municipal, Federal and State."
[Sidenote: More Recent Constitutional Objections.]
Public-domain text, read in full here on John Shaqi.
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