304 HARVARD LAW REVIEW. possible in any part of the republic should not be imputed to the great commentators. Their comments should be considered to- gether because Story's refers by a note to Kent's, and they may be construed to affirm simply the plenary power of Congress in the political administration of the Territories. Neither Kent nor Story can be fairly quoted as denying personal and civil rights to any of the American people. And we refer to these rights only when we assert that the general guarantees and prohibitions of the Consti- tution are as broad as the republic — not allowing to people living without the States any political franchise, any right of self-govern- ment, but assuring to them the rights of life, liberty, and property as they are defined by the Constitution. Part Second. The foregoing remarks on the constitutional aspects of annex- ation bear generally upon the several territorial questions growing out of the war with Spain, and especially upon the question of the Philippines. I. The United States are, as their name implies, a Union of States, and although in contemplation of law they may add to their domain without restriction as to place, each annexation should have for its object, be it near or remote, the creation of self-supporting and mutually supporting commonwealths. This conception of the re- public as a union of States is consistent with the nationality of the American people, and it must be maintained if we are to con- template free institutions throughout our land, for statehood is the single and conclusive mark of the ability of communities to govern themselves. The United States, therefore, ought not to annex a country evi- dently and to all appearances irredeemably unfit for statehood be- cause of the character of its people and where the climatic conditions forbid the hope that Americans will migrate to it in sufficient num- bers to elevate its social conditions and ultimately justify its admis- sion as a State. And when a project for annexing territory is coupled with a disclaimer of any intention of admitting it as a State now or hereafter, when this disclaimer is necessary in order to secure a favorable consideration, the project is opposed to the spirit of the Constitution.
