[ 13 ] General Carl Schurz, at the Chicago Anti-Expansion Convention, October, 1899.
[ 14 ] The exact proposition made by General Carl Schurz in addressing the Chicago Anti-Expansion Convention, October 17, 1899.
[ 15 ] General Carl Schurz, at the Philadelphia Anti-Imperialist Convention, February 22, 1900.
[ 16 ] Thomas Corwin of Ohio, in United States Senate, 1848.
[ 17 ] Over a month after the above was delivered came the first recent judicial expression of a contrary view. It was by Judge William Lochren of the United States Circuit Court at St. Paul, in the case of habeas corpus proceedings against Reeve, warden of the Minnesota State Prison at Stillwater, for the release of a Porto Rican named Ortiz. He was held for the murder of a private soldier of the United States, sentenced to death by a Military Commission at San Juan, and, on commutation of the sentence by the President of the United States, sent to this State Prison for life. Judge Lochren denied the writ on the ground that the conviction took place before the Treaty of Paris, by which Spain ceded sovereignty in Porto Rico to the United States, had been ratified by the Senate. The Judge went on, however, to argue that Ortiz could not have been lawfully tried before the Military Commission after the ratification of the treaty, because the island of Porto Rico thereby became an integral part of the United States, subject to the Constitution and privileged and bound by its provisions. As this point was not involved in the case he was deciding, this is, of course, merely a dictum—the expression of opinion on an outside matter by a Democratic judge who was recently transferred by Mr. Cleveland from a Washington bureau to the bench. It clearly shows, however, what would be his decision whenever the case might come before him. His argument followed closely the lines taken by Mr. Calhoun in the Senate and Mr. Chief Justice Taney in the Dred Scott decision.