Supreme Court Decision. Downes
v. Bidwell, (one of the Insular Cases) 1901.
We
are also of opinion that the 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.". . .
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 provisions for this subject. . . . In all these cases there is an
implied denial of the right of the inhabitants to American citizenship until
Congress by further action shall signify its assent thereto. . . .
It
is obvious that in the annexation of outlying and distant possessions grave
questions will arise from differences of race, habits, laws and customs of the
people, and from differences of soil, climate and production, which may require
action on the part of Congress that would be quite unnecessary in the
annexation of contiguous territory, inhabited only by people of the same race,
or by scattered bodies of native Indians.