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May 24, 1900 - Image 5

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Publication:
U. of M. Daily, 1900-05-24

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THE UNIVERSIY OF UIIHIGAN DAILY.
"I am directed to inform yoo that in controlling his on ation, h re- born of parents who could themselves
tite laws of the United States relative served the right to interpret it for beotta citizens by naturalization. This
to the revenue and its collection and himself. same court that held the child of the
tooe relating to the slave trade, hay- We have titus far dealt with treaties Chinese orn on American soil becaue ai
ing been te only ones extended by actI which required that the inhabitants of citizen of the United States hlsed in
of ongess totheteritrie ofIrlri-cedd trrtor shll e icorortd Cherokee Nation vs. eorgia, . Peters,
of, congressto theeteritieof nl fintceedterrioshl e Uineorpoinesthat the Indian tribe. were indepetdent
daif itsto iteexeutin oly f ito iteUnin o th UntedStaesnations with which the United States
themo that your comnission as jndges and admitted thereto as soon as ps- might tmuter treaties and that Indians
of te United States was considered sibe in accordance with the principles were not citizens of the United States.
and intended to apply. Thte president of the Federal Constitution. The See also Ella vs. Wilkins, ta X. S. 91.
thtought the authority of congress treaty after the 'Mexican war in 1848, It the Calioriia case the question was
alone conmpetent to extend oler laws when California, New Mexico and not made as to what are the rihts of
of te United States to the newly a- Utah were acquired as well as the stir bort in te territories of the United
quired territories; nor could tie give Gadsen Purchase in 185, contained States or in the territory ceded upon the
to te judge ia jurisdiction which could sinilar provisiots. In 1867 when Mr.temsriteof inteshprdetotPiud
only be conferred by them. I Seward purchased Alaska front Russia Tse right of ciisrgeipdesnoubtedlyd
-There being sit essential differcnce te treaty as to the inhabitants of that Cogress silt have broad power to deal
betweeni the nature of the powers territory provided: sits those people upon such questiss
heretofore exercised by the Spainish "But if they should prefer o remain itsmatter host the supreme court may
authorities its those provinces, which its the ceded territory they, situb the x- utinately decide te constitutoia ques-
were continucd in force by the at of cepioin of the uncivilized native tribes tions itsvolved.
te eth of MIi-li last, until the entd of. halt be admsitted to the enoymneit o Do the revenues atd tariff laws with-
sitesiet sssin o cogres, inlss 11 the rights, advantages ant i mutni- slt firter Cosgressioual atot extetd
cce of te citizens of te United States ovrteea1siiiis judging from
a temiporary government should be an shalt be mainained ad protected vvhat list already beets said as to te
sooner established over them, and of il the ree enjoymnett of their liberty, status of te territory it would semsstiatu
te lawsv of the United States which property atd reigiotn. Te uncivilized Cogrs has te power to treat its ports,
were extended to those povinces by tribes shalt be subject to such regulations it it sal see ft to do so, differently
tat law, the president considered it a s the United States may, rou timue to rotm the ports of the United States. Its
his duty to intrust te execution of tint, adopt ii regard o aboriginal tribes the case of Fleoming vs. Page, 9 Hos.
eacti branchlito officers specially a-p 5filhat tountry" 614 sopassing sposite tiuestioi stheter
Sit alt these treaties it sill le observedduiites coulsid be collected it Piliadepia
poititedl for te ipurisec IthSie exe- ilaciitthe exeettin of te uncivilized tupotgoode ruts Tmpuico, taen by tie
cstissu of those 1it iniiyotis judiltr uie.si Aaka it is tprovidedithat te Uit ttes in wa~r uwitiMexico, the
capacity, the goverinor iss enit it-,stnalitants shall be arnitited to tie siprite costi of te United States.
formecdithat yssuasit.cosnsideredamn-s enjoymentsof te rights, avanitage an Chif Jusstieefasey rdeiverig the pit-
attic only toteli'governmuietor1tle imttmtttities of Amuercan ictzes, sitdthe tit oftir cotr, said:
Unitcd Staes. territory aqiredt iite course of timeo "?AfteriFlotida had been ceded to te
Inite ditfercnt viewat'ashisthIsou bSe iicororated as stasitothue ed Uitd States and the forces of te
hatue tkeis of Stle sbetieti is ie- ratUsiin. The cessioti of Pserto Rico UssitedSiatea had taen possessina of
susadedithastyu ioi sisiltsandttdhe Phiippine Islands ithie treaty I nc ola it w5as decided oy the Treas
yor otvs ndIte- fParis its s6tScontainss io schspro try Depriitmttet, tiat oods iprtet
tiont s-ereentirely ptre, thotghile visi. The territory- is ceded absolutely frmits ciocot 5 bfore ass act of Cots
decily rcgrets tiscitllission of aitiliut vsit the provisions that: grss was iepsed erctisg it io a co-
ity an misttiunditerstnintg his-lihas - fle cisit ad soliticalstastuiss of telctiitshilt an atorizigte ap
arsnsitibetwccen ltegov'erno'rtofi te "atvs ihabiitats of te territories here 5litmet oft a 5collector, iwere liable ta
terrtotry insdyos..ibyceeis to te Uinitedh States shall b s dty. TItsth iat salthotgsFloridat
"~Issuve te hittoritletc, sdeermsinedtby te Cogress."ihati iy css10n5 atrally becote atpart of
"JIIT UICI_1A3S" l'is;t reaty is the u presme act of te tir Cused Statsand asad in oiusrto-
J015NQS~hf0T DASI." landun ses ini direct confsicitsiit salue sssilii, yt, usider ousr rev-rusti las, its
In tshoesrawords, thres earneui de h pttii5ro1visionsofithle cosstitustios.11111ts musst be regrdei as foreigia utsi
was informiesd st hin potatie hphrailss It wsatthususderaken sto gile Con- tiry sirsesabisid as domsesti, by
thatstthe genetal wtas quitue rightSitt his gross, as far s thur samtte coslrd te cost at of Uonitesess; adsrt isapears that sis
claimusthat the FUitedl States court stiisuioslty idoue, us ree iatndtinidelsigsetlcisioni isas auiosnedt athStitisse by
coulds only euforce te tfacats of rot- withthuese ect territories and iheir is usce stolir Geera of te Usited
grossrs ihhatt beets extended over habitants. The Amserica Ctgress s Staesunhelist officer cit thur gvern-
he territory antdtll the satisfsaction tie direc reresentative sit thur opole et. Andi snosti sdirctly upliabe to
thejugerecivd orthe afrn tsiteoser brasnchs withs thur short tenmte s biorcnte ti, yet tesecisioso of
Sit justg reeisut or he ffrtuttoofto years,sthich snsakes it directly tie resry Detartmsentsinusreatoi
judsicitaludignity- sias the uformatiout respounsibie tit its cnstituets asditto Ametun s Ilad adscerant rs an t
in the letter itt the secretary that the cannot le believed that there silt be ay Loussiata ftr thu rotrvince ad beets
presidleut eiesedhimus to be at man puruose or intentsion out their part to cded to thurUnitedh States.uwere boths
of good intentions.To conclsude this hu- deal with thur snewy acquired territory satceu thuraue grsundcs. Atd its
cidett ansi as further evidence of howv except itt accordance sitill the prinscipe thur 1aterrrse after a cussons house lach
far Jackasons thoughtf the constitution sticihtslie at thur basis of thur Ameuriait ben etbised by last at Nest Oreans,
hiterferedth-ii gos-erusngunuder Iis systemu of governmisent. No ouesill cose-thescolittetr at that place wsa insructedl
comsmsission, it msay- be added thut stiie . tend theit despotic pouer rests in Cas to rgard ae foreignsprseaest Rouge
Col Calaa, roeedd o Wshngtn ress. There are certains great tpricipe sn, others settemuets stilt so the poses-
Col Cuhlsuspros-ule toMaiuiigtuiof liberty aidi iersonal rightswhich ser css utofStiainiswheter ou tslurMississip -
o hrotest to te autoriies there, planteel.is sle eriesi seed sitAamerican' it Slursville or thur sa-coast. The De-
souse of his officers remasuined behindcto50institutiionscan csishichuno Cogrsost artmensut usnsueistacee taltsre are
pishiusstatemensut of theirsveusots soud udert~aefor us momuet to snters-.aware o, sutue thur esabishmessnt of thur
of te ffair, in whchi, havuig staesd fere. There are certainsprinciplesuder govislenthrsasaceser recognied a tplace
their case andstrecorde-d the fact hut lyingstr gov-ernenut wahihs were a path i a.snerly acusired cutry as us io-
they "shududeresd"st the violentstd of it before our constoiutions sas raied usis pot rout"wicttihue coasting
tyrnnca cure o Gn.Jaksn.and whirlsusmust er be cossicered iss tiae uinights be carried ou, uless it ad
determsinsingslur legality of any egisa- beets previously msade s by act of Cos-
The geueral, outgtting sight of hus, ive action. Its thur case of Rosuey vs. gress.
pubishedt forthwithls Sie folosing United Stutes, thur MorisoitCsurcs Case. IThe principle thus adopted adu acted
proclamsation, itsashint he gas-itthe 136 U. S., use swhichsue tower of upon by thur execute deptartmet uSfte
Spanish offenders four days to quit Congrrsver thur territories was reo- govertnmesnt has harri sancioned by the
flue country: gized as generrus and plenary, arising decision in this corsindatheIu Circuit
"Whereas, te stud pubthication is fromo the right to acquire Slums; andc the Courts whesever thur quesion camsue be-
calulated to excite resistanre to theo poser of cle governmentc to declare wtur fore thirst. We do not propose o cost-
existluug governmsent of fle Fioricassud saler treaties of hoace, andscislo, i uie tuonsslu different cuses cted iso
,sar, uarising frosts Slu power o msaer althts argusmuet. It is suffcient to ay,
ansd o distuirb the harnmony, peace and needful ruses ass reguaionss respueting thaut there is su itscisrepancy beuwen
gootd order of te samue, as swel as 5o thur Srrriry or oiler property ofther toe. Ad lt of thirst, so ar s they
waeakens the alegiance enjoinsedt Iy usy Unied Sistes, 'ir. Justice Brandley, its apply, maitins that reder ourres-ensue
procamsations heretofore published, conclhuding Suheart of the opinions cea- lasseery prt s regardedh as a forigns
and eutirely incuomptatibhe aithiauny tgeits such powevrs, caid:h sne,uslessluecssom-ousesfrmsssvhihs
prisileges wahich couldt Iaac been x- "Doubless Cogress, its legislutng for thur vesel clears is sithini a colections
tenidest to te saict offiersee-cifi per- thle territories stould be subject o ithoe district establishedt by act of Congress,
misio hd benexreslygien tcudasmesntallinitations iso favor eof per- sndtudue officers granstisg that clearancee
remisin h neirvnean',gi -tosona rigbtsticihtsare fomsulad its exercisethir tunctions sunde lre auuho-
teuainin itesad poviceand nthe constitution asd its amoedmsets; iy ad cotro of thurlavest of slur
der existinug circumustances, a goss bit these limuitatioss wouldI exist racism Uited Sates'
abuse of fle lenity and indugene by iterene and the gesera spirit of Sr. Wester its argusentc said:
heretofore extetided o then: slur constitutiosn froums ehich Congress "That terruwas aifferene beteen
'This is thereforo o make knoavn to derives all its posers, thans hy express te territories ad the oiler parts of
te said offiers to withdraw them- and direct tplicaions of its proviins" he United States. Judges see there
_selves, as they ought heretofure o Ateo whia shall constitutue a citizensof'appoinstec for terms of years, shichs he
have done, from ~the FlrdsGge-te Utited States it is provided in te cnsutitution forbade as to oher parts of
hae on, rou heFirius, gre-foureenuut amuendumenutilad the country. Hence, the part of Slur rus-
ably to saint sevenths article, on or be- "All ipersons born or nauraliaed i heSu stitution whc-bidsurest that dities msust
fore the third day of October next; United States, atd subject o thur junes-lbe equal in all tir ports of the Uited
and which day, if they, or any of them dictions thereof, are citizens of thv Ssses does ntolapley to territories."
shall he founid within thoiloridas, all Uied States and of he State wherein hu the case of Cross vs. Harrison, 16
officers, eiyil and military, are hereby they reside." Hos. x64, the suprenme cour simuply hed
required o arrest and secure thes,,so This provision has reference to per- that until Congress had legislated upon
that they may be brought before me, sns born and naturalized in the United the uber, a collector apponted by a
to e daltwit acordng o lw, or tates, stiesshalt beme citizens of Slur military governor ad a rights o levy
to e daltwit acordng o lw, orUnited Sates and of the state wherein duties upon foreign goods inported into
contempt and disobedience of this my tbey reside. Thur suprenme court of thur San Francisco.
proclamation." United Saes its the case of United We ave thus far daliswith this qus-
Of Gen. Jackson's devotion to the States vs. Wong Kim Ark, 169e U. S. ion as our of power. nof of policy. As
constitution of the United States no 16f49, by a divided court heist that a hild to swhat our policy should e in deain

American will need any assurance, by Chiinese parents born ins the State wills the Philippine Islands various tug-
Perhaps the weight of hs authority of California did become a citizen of hhe gestions have beetn naude. The problems
must be taken in connection wjith his United States. The Chief Justice and is as yet so undeveloped that it would
oft made declaration that with all his Mr. Jusicee Harlan dissenting, held that seem that no one ran predict for any
veneatio forthata child is heroine a citizen of the United lime in the future what our policy shall
venraton or hatgreat instrumnt Stases under such circumstances musss he be. That must be developed with lime

and he progress of the country..
Wshether we shall finally hold poesmioun.
,of te group or, having aided cle pooe-
its establishing a gvernmsent, eave tese,
islands o lake rare of themseves,. or
continue a protectorate over thems, ass
alt maters not nosy to be determsined.
The immediate and pressing duty is o
give them the best and freeroc gor-
ment of swhich he circumsaces ciii a-
mtt. S believe o lastyernor citizeus of
this circuit silt auestion thurwisidoun o
the President its pacingsths worxa ho'
the hansd of a commnission at the hD aolf
whirls:is the air presiding judge ul, ther
court of Appeals for the Sixths (mrat..
I think: the duty of he present hour cam-
uses bar better stated thans in hi laguge
in ani address delivered at a banquet.
tendered titu by Iis friends at Cincitnati.
He said:
I have to deal with this suatisons- a.
it is, and, whaever the causeo of it. the
qluetion now is, n-at are set o do o
uetr the present needs. Thee igh and
patriotic purpose of he Presidest in
thur present juncture is to give t thue
people ot the Philippiner Islands slur best
civil goversnmerusichie anetsprovide,.
situb thur largest meaure of selgo en-
wsentotensistesenithsstability, Hle seest
sisly testeltare at then Flipinoianad the
betuermesntcof iisscandition.The ic-
dental benefits o ble trade afthus curi-
try arising fothce tinoesreaionsusmsost
bar made ssborvint to thr iteressaof
thouse svho hasve becomeo our sads. This
s Iis change o hatstw con eusous-
Witshutis puposethsuedeffnedl tIleave.
thur deepest symspatly."
"Wse musst inauuguate a lilst istrut.
of primuarys stnt seoinary educar-ti. c
sts gladstostte its tie repotu of the
satir Philiptpine commiossonoteastbeli-
a-as evidence adduced before ist rns'. at.
parts of thin islandt that the e plus e .vcr
atuxiaous Seohetaxedrtoheinrase the ur us
horn and efficiencsy of theiefr shool. But
hinkleof heoeuubesomeur naue itthou
tuolemus. Tfl up055is, most ocutl sn'
except tue-Mania, speak only the Tag"--
og. he Viesyanson suoreoilerutin-
laoguage. itierreaudhues shall we stuns.e
tir teaherscompetsent hateach thur-sun
It wnoulddsereuthasirmustffrs orga-
nieanuormoa schsols to tach tbhe tah-
Slaensthinklof thee iterna itprot-
m su wh ulihsmustshbe constructedr. In
alt the Philiippine Islansd,wstub cle x-
ceptiao of one railroad 15 milies no
lengt, there is praicticaly usa isea r ufs
comunssiations exepi by ;sea .' e-
tests at good roads hs aagreati-l e3;g
inffuence. It stoud he better 1,ua.:a'
constuabulsary- itspoiing tshun a>nds.
Consideereswlau itswoud addl o t.e .'auc
of thee lasdseandithe constats -- ites
peopeir. But roadsscosssmoey, un-sr uait.
hd benuaisecdSTlissathesulr questionc"
Te proper adhUtuiisst of thinhtsilly'-
thr retormsofathe currency, thur itrue-
totof aunest crimna code etftuocesur-
o seure o tar Fiipinos ehcguarasuses-
at personsa liberty ste enjoy udser our
Federal antus State constiutions, ardi
mostimputortant of al She initatons of
te topuar munsiipa gov-rnmentrsusus
Itraining schools itswhiciha to ffu ilie
upeoplemotrble assumaptontof argr puoitf
,cah poster in provincial assmbifes, ad
sit insulahsr parliamuent thee are sll to be-
pesndfor louinaction.'
to'sstrict meerit systemsuast be d&-
vised to present Sluresmacinuer toliician4,
wshether of tas ounutry or hae sdistant
islansh,sthethier shtie, or yllows, nr
bronu, or Sblack, rammakusingusesa of
the offices useedd 1o serveSlur publics
swasnts o reard their henucmenr or to
uepetuae their buser. Oe ohlt.e
glarinug deects of lur Spanshit cooial
govsernmentuusintsisl eands wesutar
msaling of useless offices its ordr to B0t
thrustsitstfavorites. The spoils sys.
tes ntsssalowsedi tothave tush _effect stills
allthue abuses that follow i its iteta .
It ste are not to give the isads a cia-il
servicerree fromssthus cancerouss grosyh.
our claims tat ae hae talentsad arts
the Phsilippines fr thte good of txiwin
peopeeis a hllost and unothty- pr-
tense. To device a userit systms for lbst.
satisfactory selections of both Atuaria-
and Filipinso officiasl is not ass easy ou--
It is manietthat cwhrevr a natc
islander can fill an office as swel aut'
safely as an Amearican, the former must
be preferred, for our mission is to eadsr,
ibm island people o govern thetmseves,
nt o seure inre places for ours-ac-
venturoussfellow-citizenms."
We are in o muore datnger of osing
sight of ibm great principles of lifhats-.
anud persona ight its legislating for rnews
territory than stesere swhn Congres
provided separate gvernmnst for Flor-
ida aind Louisiana. The Antericans cos

ernment has always bettered shin cund-t
lions of the people who have cousin ursicin.' wl d, s i iu
one, would advocate that the Ansleri~y
people would go beyond seat ncehhsig

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