stimulus of patriotism to animate him. He came to our shores with a proud army, handsomely equipped, brilliantly uniformed and disciplined in the rigid school of a leading military power of the Old World, to find himself associated with the modest. yeomanry of the Colonies who constituted the American forces, who were not supplied with clothing enough to cover their honorable wounds, and the march of whose shoeless battalions could be traced by the blood which flowed from their lacerated feet. Frequent communication with France was impossible, and Rochambeau had been given almost unrestricted liberty of action. Under these circumstances a man with less modesty and magnanimity of character and a less earnest spirit of accommodation. might have been overbearing, arrogant and indisposed to look with favor upon plans presented by the American commander, but he manifested from the outset an undisguised willingness to adopt all measures which might facilitate the joint military operations upon this difficult theater of war, and sank all considerations other than those which would conduce to the complete success of the allied armies.

"In all their intercourse they both showed themselves adherents of the principle that it is time to abandon the path of ambition when it becomes so narrow that two cannot walk it abreast.

"Rochambeau, in landing upon our shores, defined his policy toward the Americans in the comprehensive words: 'I am the friend of their friends and the foe of their foes.' His modesty was proverbial. He says in his memoirs, in speaking of the surrender of Yorktown: Lord Cornwallis was ill and General O'Hara marched out at the head of the garrison. On arriving, he presented his sword to me. I pointed opposite to General Washington, at the head of the American Army, and I said that the French Army being auxiliary upon that continent, it was to the American General that he must look for orders.'"

The oration of the day by Senator Henry Cabot Lodge of Massachusetts was instructive because of its historical references and its eloquent tribute to the services of Rochambeau :

"He reached the United States at a dark hour for the American cause. The first fervor of resistance had cooled, the active fighting had subsided in the North, Congress had grown feeble and inert, government and finance both dragged heavily, and it seemed as if the Revolution, so successful in the field, would founder upon the rocks of political and executive incapacity. Washington and the army, in the midst of almost unparalleled difficulties, alone kept the cause alive. The coming of Rochambeau and his army was a great good fortune, and yet its first result was to induce further relaxation of effort on the part of Congress. Washington, realizing all the event meant, opened correspondence at once with Rochambeau, but it was not until September that he was able to meet the French commander in person at Hartford. It was a great relief to the heavily-burdened General to meet such a man as Rochambeau, and yet, even then, as he turned back with lightened heart and lifted hopes, the news of Arnold's treason smote him on his arrival at West Point. The summer had gone and nothing had been done. Then Rochambeau was unwilling to move without further reinforcements, and Washington was struggling desperately to wring from a hesitating

Congress and from reluctant States the men, money and supplies absolutely essential if the great opportunity which had now come was not to pass away unused.

"So the winter wore on and spring came, and in May Washington and Rochambeau were again in consultation. Washington was determined to strike a fatal blow somewhere. He considered Florida and the scheme of taking the British under Rawdon in the rear; he thought of Virginia, where Cornwallis, forced northward by Greene's strategy, was established with his army; long and earnestly he looked at. New York, the chief seat of British power. Rochambeau showed his military intelligence by leaning strongly to Virginia. But the one vital condition was still lacking. Washington knew that he must command the sea, if only for a month, at the point where he was to deliver the decisive blow. So the days slipped by, the summer waned and then of a sudden the great condition sprang into life. De Grasse, to whom we owe a debt as great as to Rochambeau, appeared in the Chesapeake with his fleet. No longer was there room for doubt. Cornwallis in Virginia was clearly now the quarry for the allied forces.

"Time forbids me to tell the brilliant story of that campaign; of the manner in which De Barras was induced to bring his squadron from the North; of the adroitness. with which Clinton was deceived in New York; of the skill and rapidity with which the French and American armies were hurried from New York to the Chesapeake and thence to Yorktown. The great, the golden moment so longed for by Washington, when he could unite both land and sea power, had at last arrived. De Grasse was master of the bay. The English fleet was scattered and divided. Clinton slumbered in New York and Cornwallis, with some nine thousand men, was in Yorktown with the united French and American armies drawn close about him.

"Fast followed the siege, nearer came the inclosing lines, Lauzun dashed back. Tarleton's cavalry at the very beginning and every British sortie from that moment was repulsed. Day by day the parallels were pushed forward and at last Washington declared the advanced British redoubts, practicable for assault. The French, under Viomenil, the grenadiers of Gatinois, the regiment of Auvergne and Deux-Points, stormed one, and here the most famous of the French regiments recovered from their King the proud motto of "Auvergne sans tache." The other redoubt was assigned to the Americans under Lafayette, led by Alexander Hamilton and John Laurens. Both assaults, brilliantly delivered, were successful, and the American lines included the ground which had been so gallantly won. A desperate sortie under Colonel Graham completely repulsed, a vain attempt to escape by water and then all was over. On the 18th of October Cornwallis surrendered, and on the following day the British filed out and laid down their arms, passing between the ordered lines of the French drawn up under the lilies and the ranks of the Americans standing beneath the thirteen stars, fixed on that day in the firmament of nations. The American Revolution had been fought out and the new people had won."

CHAPTER XV.

ROOSEVELT'S FIRST ADMINISTRATION, 1901-1904-CONTINUED—THE CONSTITUTION AND THE FLAG-THE HALL OF FAME-POPULATION OF THE UNITED STATESWAR PENSIONS.

NE of the most important questions that have ever been decided by the Supreme Court of the United States was as to whether the Constitution follows or accompanies the flag. In other words, do we, when we acquire possession of any hitherto foreign territory, by that act simultaneously extend the provisions of the Constitution over it?

In the latter part of the autumn of 1900, Judge Estee, of the United States district court of Honolulu, decided this question in the negative. A citizen had been condemned to six months' imprisonment for criminal libel, by a Hawaiian court, and after annexation. The defendant appealed to the supreme court of Hawaii, claiming that the trial was not in accord with American procedure.. The judgment of the trial court was confirmed, whereupon the defendant appealed to the United States district court, in which Judge Estee held that the laws of Hawaii allowing conviction on a verdict of nine jurors were still valid, even after annexation; for before Hawaii was annexed it was “a free, enlightened state, possessing all the attributes of sovereignty; and when the islands were annexed by the United States, not only the lands, but the people, with their laws and customs, were annexed, and by the well established laws of nations those laws and customs remained in force until new laws were enacted for the government of the territory."

Another judge, however, rendered a judgment in the United States circuit court in Hawaii based on an opposite interpretation of the effect of annexation. He released a prisoner who had been convicted of crime without indictment by a grand jury, a proceeding allowed by Hawaiian law, but not by the United States Constitution.

The Supreme Court of the United States on May 27, 1901, made decision upon four cases which involved the relations between the United States and the territory won from Spain. By a vote of five justices to four it was decided that the Constitution does not follow the flag. The court could not well have been more evenly divided, those in the affirmative being Messrs. Brown, Gray, Shiras, White and McKenna, and in the negative, Chief Justice Fuller and Associate Justices Harlan, Brewer and Peckham.

The most important case was that brought against the Collector of the Port of New York for the recovery of duties paid on goods imported from Porto Rico, after the passage of the act imposing upon such imports fifteen per cent. of the duties levied upon similar goods from foreign countries. Justice Brown rendered the opinion of the court sustaining the validity of this act. As I have said, this was one of the most important questions ever brought before this august tribunal, and the opinion was read

with profound interest. Justice Brown gave at great length the grounds upon which he based his decision. He said:

"The practical construction put by Congress upon the Constitution has been long continued and uniform, to the effect that the Constitution is applicable to territories. acquired by purchase or conquest only when and so far as Congress shall so direct. Notwithstanding its duty to guarantee to every state in this Union a republican form of government,' Congress did not hesitate in the original organization of the Territories. of Louisiana, Florida, the Northwest Territory and its subdivisions of Ohio, Indiana, Michigan, Illinois, and Wisconsin, and still more recently in the case of Alaska, to establish a form of government bearing a much greater analogy to a British crown. colony than a republican state of America, and to vest the legislative power either in a governor and council, or a governor and judges, to be appointed by the President.

"We are also of the opinion that power to acquire territory by treaty implies not only the power to govern such territory, but to prescribe upon what terms the United States will receive its inhabitants, and what their status shall be in what Chief Justice Marshall termed the 'American Empire.'

"There seems to be no middle ground between this position and the doctrine that if their inhabitants do not become immediately after annexation citizens of the United States, their children, thereafter born, whether savages or civilized, are such and entitled to all the rights, privileges, and immunities of citizens. If such be their status, the consequences will be extremely serious. Indeed, it is doubtful if Congress would ever assent to the annexation of territory upon the condition that its inhabitants, however foreign they may be to our habits, traditions, and modes of life, shall become at once. citizens of the United States. In all its treaties hitherto the treaty-making power has made special provision for this subject.

"Grave apprehensions of danger are felt by many eminent men-a fear lest an unrestrained possession of power on the part of Congress may lead to unjust and oppressive legislation, in which the natural rights of territories or their inhabitants may be engulfed in a centralized despotism. These fears, however, find no justification in the action of Congress in the last century, nor in the conduct of the British parliament toward its outlying possessions since the American Revolution.

"Whatever may be finally decided by the American people as to the status of these islands and their inhabitants-whether they shall be introduced into the sisterhood of States or be permitted to form independent governments--it does not follow that in the meantime, awaiting that decision, the people are in the matter of personal rights unprotected by the provisions of our Constitution and subject to the merely arbitrary control of Congress. Even if regarded as aliens, they are entitled under the principles of the Constitution to be protected in life, liberty, and property."

As has been stated, Chief Justice Fuller dissented and was joined in the dissent by Associate Justices Harlan, Brewer and Peckham. The Chief Justice quoted from Chief Justice Marshall the following interpretation of the Constitution which requires that "all duties, imports, and excises shall be uniform throughout the United States": "Does this term (the United States) designate the whole or any portion of the