Our Right to Acquire and Hold Foreign Territory: An Address Delivered Before the New York State Bar Association at Its Annual Meeting at Albany, January 18th, 1899G.P. Putnam's Sons, 1899 - 56페이지 |
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15th Amend 18 Wall ACQUIRE AND HOLD act of Congress admitted Alaska Amendment American annexed attri attribute of sovereignty belongs to legislative ceded territory cession Chief Justice Marshall Chief Justice Taney citizens civil rights colonies Congressional discretion Congressional supervision Cuba decision derived Dingley Tariff discretion which belongs domain Dred Scott Dred Scott decision duties Embargo of 1807 enacted ex proprio vigore exercise Federal government Federal statutes franchise of statehood free trade gress Hawaii hold and govern hold and hence HOLD FOREIGN TERRITORY hold territory inhabitants of ceded Judge Taney's judicial jurisdiction Justice Bradley lative Louisiana Malays ment Mormon Church operative therein organized territory Orleans pending treaty Philippines Porto Rico ports power of Congress powers are created President right to acquire right to hold rights and political rules and regulations specific grant Supreme Court Tampico terri territorial governments tion tory treaty-making power Union United vested in Congress
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34 페이지 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
36 페이지 - Doubtless Congress, in legislating for the Territories, would be subject to those fundamental limitations in favor of personal rights which are formulated in the Constitution and its amendments ; but these limitations would exist rather by inference and the general spirit of the Constitution from which Congress derives all its powers, than by any express and direct application of its provisions.
38 페이지 - When the conquest is complete, and the conquered inhabitants can be blended with the conquerors, or safely governed as a distinct people, public opinion, which not even the conqueror can disregard, imposes these restraints upon him ; and he cannot neglect them without injury to his fame and hazard to his power.
44 페이지 - States. Does this term designate the whole, or any particular portion, of the American empire ? Certainly this question can admit of but one answer. It is the name given to our great republic, which is composed of states and territories. The district of Columbia, or the territory west of the Missouri, is not less within the United States than Maryland or Pennsylvania...
32 페이지 - The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.
30 페이지 - Resolved, That the annexation of Louisiana to the Union, transcends the Constitutional power of the Government of the United States. It formed a new Confederacy to which the States united by the former compact, are not bound to adhere.
25 페이지 - There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure; nor to enlarge its territorial limits in any way, except by the admission of new States.
19 페이지 - Congress may not only abrogate laws of the territorial legislatures, but it may itself legislate directly for the local government. It may make a void Act of the territorial legislature valid, and a valid Act void. In other words, it has full and complete legislative authority over the people of the Territories and all the departments of the territorial governments. It may do for the Territories what the people, under the Constitution of the United States, may do for the States.
38 페이지 - The title by conquest is acquired and maintained by force. The conqueror prescribes its limits. Humanity, however, acting on public opinion, has established, as a general rule, that the conquered shall not be wantonly oppressed, and that their condition shall remain as eligible as is compatible with the objects of the conquest.
9 페이지 - Government is constituted, the President and Congress are vested with all the responsibility and powers of the Government for the determination of questions as to the maintenance and extension of our national dominion. It is not the province of the courts to participate in the discussion or decision of these questions, for they are of a political nature, and not judicial.