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Our Colonial

Marks a
Fundamental

Departure in
our Political

System.

subsequent case and that, at least in other aspects if not in this, the Constitution may be made to apply to the Territories in restraint of congressional power. As a public policy the rule here indicated may be at any time reversed by the people. It is not certain that this decision is to be the final judgment of the Court. It is not certain that in the expansion of the Republic a rule has been established to govern for all time to come, according to which, Government although new territory may be acquired, the Republic will not expand with its principles of government but will simply accumulate possessions and colonies to be governed by an external will imposed upon them. No future course is certain. It is only the past that is secure. But, judging from the past, no one can doubt that in the law and politics so recently applied in the government of distant colonies the Republic has marked a great departure. If there was any fundamental principle in politics for which our fathers contended in the American Revolution; if there is any that may be said to have been made sacred by the struggles of American history; if there is any principle which we have sought for a century to apply in the government of States and Territories, it is that the rights, liberties, immunities, and constitutional privileges of the citizen abide in the local bodies, Colonies and States, and that one body politic should not have unrestrained legislative power over the trade, revenues, property, lives, and liberties of another. To make this principle forever sure against the usurpations of government, reliance was not to be placed merely on "certain principles of natural justice inherent in Anglo-Saxon character," but a fundamental law defining the limits of government should be ordained and established whose limits might not be transcended by governmental agents. If the existence of a written Constitution cannot save us from the violation of this principle it is yet to be seen whether

the forces described as the unwritten Constitution will be able to do so. History has illustrated in so many ways the vital importance of this principle that it is safe constantly to remind the citizenship of America that, as one of our own prophets has said, the Republic can last no longer than its people are faithful to the ideals and principles of its founders.'

REFERENCES ON THE GOVERNMENT OF THE
TERRITORIES AND THE COLONIES

1. Outlook, Dec. 16, 1899, "Our Constitution and the Colonies." 2. Outlook, (a) Feb. 10, 1900, “Our Colonial Responsibilities"; H. G. CURTIS on "Government for Our New Possessions"; (b) Feb. 3, 1900, "Self-Government in the Colonies"; (c) Dec. 14, 1901, "The Supreme Court Decision and its Consequences."

3. Report of Secretary Root, December, 1899.

4. Prof. H. P. JUDSON, Review of Reviews for April, 1900.

5. Majority Report, Committee of Ways and Means, House of Representatives, Feb. 8, 1900; Minority Report, House Documents. 6. Speech of Hon. Chas. E. Littlefield, of Maine, in House of Representatives, Dec. 17, 1901.

7. "The Insular Cases," the annual address of Hon. Chas. E. Littlefield before the American Bar Association, Denver, Colo., Aug. 22, 1901. 8. Speech of Hon. Samuel W. McCall, of Massachusetts, in the House of Representatives, Feb. 22, 1900.

9. American Law Review, July-August, 1901, pp. 597–617, in “Notes on Recent Cases."

10. Decisions of the Supreme Court, United States Supreme Court Reports, pp. 179–182, Davis, Reporter, 1901.

II. BRYCE, American Commonwealth, vol. i., chap. xlvii.

12. Current History, March, April, May, 1900.

13. Arena, May, 1900.

14. Views of an Ex-President, BENJAMIN HARRISON, chap. vii., “The Status of Annexed Territory and of its Free Civilized Inhabitants."

15. WHITELAW REID, Problems of Expansion.

1
1 James Russell Lowell.

INDEX

A

Abbott, Lyman, Rights of Man,
19, 35; on government by con-
sent, 25

Absolute Democracy, 57
Absolutism, theory of, 26; op-
posed by the theory of gov-
ernment by consent, 27 sq.
Adams, John, 190, 191, 302
Adams, John Quincy, 130, 186,

239, 249

Admiralty Cases, 321
Alaska, 362;

373

government of,

Alaskan Treaty, 162 sq.; 392
"All men are created equal."
See Equality.

Allen, Grant, on evils of an arti-

ficial aristocracy, 39, 40
Amendments, to United States
Constitution, purpose of, 79;
first ten, 84; President's as-
sent unnecessary, 154; sove-
reign power unlimited in, 209;
how secured, 338; to State
constitutions, 347
"Anti-Nebraska Men," 308
Appointing power,
President.
Apportionment of State Sena-

182.

See

tors and Representatives, 349
Appropriations, bills for, 288;
Committee on, 290; privi-
leges of Chairman, 290; Ex-
travagance of, 292; Repre-
sentative Cannon on, 292;
and redress of grievances,
308-310. See Money bills.

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Bagehot, on Cabinet Govern-
ment, 280

Bancroft, George, 334

Bank, Second United States, IOI
Banks, representative, 162
Barron vs. Baltimore, 78, 79, 85
Bates, Attorney-General, on sus-

pending Habeas Corpus, 181
Bayard, manager in Blount's
Čase, 234

Bayard-Chamberlain Treaty,166
Belknap Case, 233, 235, 239
Benton, Thos. H., Thirty Years'
View, 153, 240
Bicameral system, 200; his-
torical basis of, 201
Bill of Attainder, 79, 85
"Bill of Rights," 78, 79; pro-
visions of, 84-85; 328
Blackburn, Representative, 310
Blackstone, Commentaries, 113
Blaine, James G., 128; Twenty

Years of Congress, 155, 164,
189, 216; on election of Sen-
ators, 217, 218; as Speaker,
278

Blair Educational Bill, 274
Bland, Representative, 258; 261
Blount, Representative, 157
Blount, Senator, impeachment
of, 233

Bollman Case, 180

Booth vs. Ableman, 321
Boutwell, The Constitution at
the End of the First Century,
164
British Constitution, rights un-
der, claimed for the Colonies,
3; 111; 112
British North America Act, 346
Brown, Justice, decision in In-

sular cases, 389

Bryce, James, 59, 60; com-
pares the Confederation and
the National Government, 61,
62, 63, 85, 86, 113; on Execu-
tive veto, 150; on success of
American Senate, 241-243; on
English Speaker, 271; on
American Committee system,
286, 287; 342_sqq.
Buchanan, on Executive inde-
pendence, 102; as President,
110; 154; 191; 333
Buckle, on the Declaration of
Independence, 10
Bundesstaat, 63

Bureaucracy, 51, 52
Burgess, J. W., Political Science,

66, 133, 135, 137, 144, 370
Burke, Edmund, 287
Burrows, Senator, in Quay Case,
198; opposition to Bland Bill,

261

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Carlisle, Speaker John G., De-
fects in the Election of the
President, 127, 274
Caucus, unwritten law of, 93;
222; legislation by, 266;

committee of, 281; methods
of party, 299

Causes of the American Revo-
lution, I sq.
Centralized Republic, 55, 60
Chadwick, Capt. F. E., on House
Committee system, 296, 297
Chamber of Deputies, French,
250

Charters, rights of Colonies un-
der, 5

Chase, Chief Justice, 331, 338,
360

Chase, Judge, impeachment of,
238

Cherokee Nation vs. Georgia,372
Chisholm vs. Georgia, 322
Citizenship, 356 sqq.; Four-
teenth Amendment and, 356;
Calhoun on, 357; Dred Scott
decision on, 357; State pro-
tection of, 359; Supreme
Court on, 359; privileges of
national, 360

Civil rights, guarantee of, 389 sq.
Classification of Powers, 80 sq.
Clay, Henry, 130; opposes Ex-
ecutive veto, 151, 152; as
Speaker, 277

Cleveland, President, 128, 139;
use of veto, 150; 175: on
Executive Independence, 185;
and patronage, 187; 189; 228;
230, 293
Cloture, in

House, 262

Senate, 223; in

Colonial Assemblies, rights of,
4, 5

Colonial government and Ameri-
can principles, 396
Colonies, references on, 397.
Committee system, by unwritten
law, 92; in House of Repre-
sentatives, 279, 281 sqq.; ad-
vantages of, 284 sq.; dis-
advantages of, 286; Mr.
Bryce's criticism of, 286 sq.,
293; compared with English
system, 287; remedies for
abuses, 294 sqq.

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