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Congressional Record-House House Of 1932 CONGRESSIONAL RECORD-HOUSE 205 regulations " respecting it would imply the authority to set up the sovereignty o! the United States over the Phillpplne Islands, and complicated governmental machinery which Congress has from to permit its people to organize and establish an independent time to time provided for our territories. The manner in which government. the power has been exercised implies that it was assumed, if the F, C. FISHER. cited provision of the Constitution was looked to as its source, WASWNGTON, D. C., December 15, 1931. that the word " territory " was to be construed in its political sense. Suppose that there had not been a square foot of public RECESS land in Puerto Rico or the Philippines-no "territory" whatever Mr. VANDENBERG. I move that the Senate take a recess in the llmlted sense of land of public ownership--would that have been an obstacle to the erection of such governments as those until 12 o'clock noon to-morrow. which exist there to-day? Obviously not. The powers of govern­ Mr. COPELAND. I yield for that purpose, with the un­ ment have been exercised as though the word "territory" in derstanding that I shall retain the floor to-morrow. section 3 of Article IV had precisely the same meaning as it has in the eighteenth amendment, in the phrase " in the United The PRESIDING OFFICER. The Chair so understands. States and all territory subject to the jurisdiction thereof." As The question is on the motion of the Senator from Michigan. there used it has been construed (Cunard Steamship Co. v. The motion was agreed to; and <at 4 o'clock and 16 Mellon, 62 U. S. 101, 122) to denote "the regional areas-of land minutes p. m.) the Senate took a recess until to-morrow, and adjacent waters-over which the United States claims and exercises dominion and control as a sovereign power." At the Friday, December 9, 1932, at 12 o'clock meridian. time of the adoption of the eighteenth amendment the term "United States" had been defined judicially to mean the States and the incorporated Territories. The insular possessions had HOUSE OF REPRESENTATIVES been declared to be unincorporated areas subject to the sovereignty of the United States, belonging to but not an integral part of it. THURSDAY, DECEMBER 8, 1932 The phrase "the United States and all territory subject to the jurisdiction thereof " was obviously worded in such a manner as The House met at 12 o'clock noon. to include the whole domain of the United States. Certainly it The Chaplain, Rev. James Shera Montgomery, D. D., was not intended that the word " territory " should be con­ strued to mean only places over which the United States has a offered the following prayer: mere proprietary interest. Nor is such meaning the only one of which the word " territory " in section 3 of Article IV is 0 God, we are grateful to Thee for the blessing of each susceptible. On the contrary, the word "territory" is more prop­ day. With the coming of the morning sun comes Thy lov­ erly used in the sense of domain subject to political sovereignty ing providence, and with the going of the day Thou dost than it is as a synonym for land. The principal argument against remain as our Guardian Angel. Conscious of our need and understanding and applying it in this sense, in connection with the power of disposal contained in the cited provision of the dependence, we have a retreat from every fevered fear. We Constitution, is that at the time of its adoption there was no thank Thee for the refuge that is ever sure in the Eternal territory of the United States from which Congress could have Heart. Make this day a rich opportunity for culture, for en­ wihdrawn sovereignty, because of the llmltations due to the nature of the States and the permanency of the incorporation of couragement, and for renewed vision of the needs of our the Northwest Territory. But if language used in the Constitu­ country. Inspire us with wise and just conceptions of good tion-in this particular instance the words " power to dispose government, and may our citizens everywhere work and of • • • territory • • • "-is broad enough to meet the press forward for the good fortunes of peace and plenty. requirements of an existing situation, must it be rejected because it must be assumed that the particular situation could not have Graciously remember, 0 Lord, all who yearn for love, been contemplated when the Constitution was adopted? In the sympathy, and happiness. Amen. Dartmouth College case (4 Wharton 518) it was argued that the preservation of rights created by the grant of a charter could not The Journal of the proceedings of yesterday was read and have been in contemplation when the prohibition of the impair­ approved. ment of contracts by State legislation was written into the Con­ MESSAGE FROM THE SENATE stitution. To this contention the court in the opinion written by Chief Justice Marshall, replied: A message from the Senate by Mr. Craven. its principal " • • • It is not enough to say that this particular case clerk, announced that the Senate had passed a concurrent was not in the mind of the convention when the article was framed, nor of the American people when it was adopted. It is resolution of the following title, in which the concurrence necessary to go further and to say that had this particular case of the House is requested: been suggested the language would have been so varied as to S. Con. Res. 36. Concurrent resolution authorizing the ap­ exclude it, or it would have been made a special exception. The case being within the words of the rule, must be within its opera­ pointment of a committee to make arrangements for the tion likewise, unless there is something within its literal construc­ inauguration of the President elect on March 4, 1933. tion so obviously absurd or mischievous, or repugnant to the general spirit of the instrument as to justify those who expound MESSAGE FROM THE PRESIDENT the Constitution in making it an exception." Sundry messages in writing from the President of the Can it be assumed that if the framers of the Constitution bad United States were communicated to the House by Mr. been told that " the power to dispose of • • • the territory belonging to the United States" might in the future be con­ Latta, one of his secretaries. strued as authorizing the relinquishment of United States sover­ EVA CRAIG eignty over an unincorporated territory on the other side of the Pacific, to enable its people to create a government of their own, Mr. WARREN. Mr. Speaker, I offer the following privi­ upon the suggestion of this particular case the language would have been so varied as to exclude it? Is the contemplated con­ leged resolution from the Committee on Accounts. struction one which is " obviously absurd or mischievous, or re­ The Clerk read as follows: pugnant to the general spirit " of the Constitution? House Resolution 310 Henry Clay was obviously of the opinion that the power to cede territory was possessed by Congress under section 3 o! Resolved, That there shall be paid out of the contingent fund Article IV of the Constitution-that opinion was the foundation of the House to Eva Craig, widow of Samuel T. Craig, late an em­ of his opposition, and that of his supporters in the House (ante ployee of the House, an amount equal to six months' compensation pp. 6-8) in 1820, to the then pending Florida treaty; and this and an additional amount, not exceeding $250, to defray funeral opinion is also expressed by Doctor Willoughby (Constitutional expenses of the said Samuel T. Craig. Law, 2d ed., Vol. I, p. 423) who says on this subject: The resolution was agreed to. " * • • but the fact is that the Supreme Court, as will be later shown (Ch. XXV), has repeatedly and definitely committed COMMITTEE ON INAUGURATION itself to the proposition that this grant relates to political or jurisdictional rights of the National Government as well as to Mr. BANKHEAD. Mr. Speaker, I ask unanimous consent proprietary rights. It would seem, then, that, giving to the pro­ for the immediate consideration of Senate Concurrent Reso­ vision this political as distinguished from merely proprietary sig­ lution 36. nification, it would follow that the power granted to Congress to 'dispose' of territory belonging to the United States implies not The SPEAKER. Is there objection? merely a right to sell the lands or other property of the United There was no objection. States, but to release the political sovereignty of the United States The Clerk read the resolution, as follows: over such territories by sale or cession to another power, or, simply, by withdrawing its own sovereignty and thus recognizing Senate Concurrent Resolution 36 the independence and self-sovereignty of such territory." Resolved by the Senate (the House of Representatives con­ Therefore, either upon the theory of resulting powers, or upon curring), That a joint committee consisting of three Senators that of the power of disposal under section 3 of Article IV, Con­ and three Representatives, to be appointed by the President of gress is vested with constitutional authority to relinquish the the Senate and the Speaker of the House of Representatives, re- 206 CONGRESSIONAL RECORD-HOUSE DECEMBER 8 spectlvely, 1s authorized to make the necessary arrangements for Kentucky, Virginia, Mississippi, and in perhaps some other the inauguration of the President elect of the United States on the 4th day of March next. States. While some of those cases went to the Supreme Court of the United States, notably the New York case of Mr.
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