Reminiscences of Sixty Years in Public Affairs, Vol. 2Boutwell, George S. (George Sewall)
History
Reminiscences of Sixty Years in Public Affairs, Vol. 2
Boutwell, George S. (George Sewall)
Boutwell, George S. (George Sewall), 1818-1905; United States -- Politics and government
When we say that the Constitution of its own force, applies to the
Territories, we refer to the parts that are applicable to the
Territories as distinguishable from the parts that relate to States
exclusively. It is a provision of the Constitution that
"No State shall make any law impairing the obligation of contracts."
In terms this limitation does not extend to Territories. Congress
might extend the limitation, but the Act of limitation would have only
the force of law.
3. "The Constitution by the force of its own provisions is limited
to the _people_ and States of the American Union." This is only a
declaration that the Constitution does not apply to other states and
communities. The word _people_ includes the inhabitants of the
Territories as well as the inhabitants of the States. If there could
have been a doubt in 1859 of the validity of this interpretation, the
doubt has been removed by the Fourteenth Amendment. The inhabitants
of Territories are thereby made citizens of the United States, are
brought within the jurisdiction of the Constitution, and as citizens
they are put upon an equality with the citizens of the States. They
are of the _people_ of the American Union, and as such they are under
the Constitution of the United States.
These are the opening words of the amendment:--
"All persons born or naturalized in the United States and subject to
the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside."
We have no subject classes in America excepting only such as have been
created, temporarily, as I trust, in Porto Rico and the Philippine
Islands, by the policy of President McKinley, and all in violation of
the Thirteenth Amendment to the Constitution, which reads thus:
"Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction."
President McKinley claimed jurisdiction over the Philippine Islands and
consequently the inhabitants are entitled to the benign protection of
this provision of the Constitution. There cannot be any form of
involuntary servitude imposed upon any American citizen without a
violation of this fundamental law. Hence it is that the administration
is forced to deny citizenship to the inhabitants of the Island and to
assert the claim that the President and Congress may govern the
inhabitants of territories acquired by purchase, as in the case of the
Philippine Islands, or by conquest, as in the case of Porto Rico, as
they might be governed if the Constitution did not exist. And this,
we are told by the President and his supporters, is not imperialism, but
a process of extending the blessings of liberty and civilization to
the inferior races of the earth.
Public-domain text, read in full here on John Shaqi.
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