FOOTNOTES


1 The Report of the President's Committee on Civil Rights, To Secure These Rights Introduction by Charles E.
 Wilson, (New York, 1947), xi.

 2 M. R. Konvitz, The Constitution and Civil Rights, (New York, 1947), 139.

 3 To Secure These Rights 162.

 4 Journals of the Continental Congress, 1774-1789, (Library of Congress, Washington, 1936), vol. 32, 334."The
 Northwest Ordinance .... served as a basis for the territorial policy of the United States until the Spanish-
 American War in 1898 .... Congress was not reluctant to extend to them the fullest measure of self-government
 and all of the civil rights guaranteed by the Constitution." Wm. M. Boyd, The Administration of Territories and
 Island Possessions by the United States, an unpublished thesis for the Doctor of Philosophy degree,
 (University of Michigan, 1944), 5-8.

 5 3 Stat. 200 (Convention Between the United States and the French Republic).

 6 8 Stat. 252 (Treaty of Friendship, Cession of the Floridas, and Boundaries).

 7 15 Stat. 539 (Convention for the Cession of the Russian Possessions in North America to the United States).

 8 W. W. Willoughby, The Constitutional Law of the United States, (2d ed., New York, 1929), 1, 476.

 9 182 U. S. 224 (1901).

 10 31 Stat. 77 (1900).

 11 182 U. S. 1 (1901).

 12 Downes v. Bidwell 182 U. S. 244, 287 (1901). "The question which posed itself was whether or not all of the
 rights and privileges enumerated in the Constitution extended ex proprio vigore to the inhabitants of the non-
 contiguous territories. The question was disposed of by abandoning those fundamental principles such as
 government shall rest upon the consent of the governed, taxation with inherent right of representation, and
 trial by jury principles which lie at the very basis and constitute the very essence of American political life."
 Boyd, op. cit., supra, note 4, at 3.

13 Ibid., 325.

14 Ibid., 325.

15 Ibid., 325.

16 Ibid., 333.

17 Justice White was born on a Louisiana plantation and served as a private in the confederate army during the
 Civil War. F. R. Coudert, commenting on the racial concern of Justice White, wrote:

 "It is apparent that Justice White feared that a decision in this case (Downes v. Bidwell) in
 favor of the plaintiffs might be held to confer upon the citizens of the new possessions rights
 which could not be taken away from them by Congress. I may say that in a conversation
 subsequent to the decision he told me of his dread lest by a ruling of the Court it might have
 become impossible to dispose of the Philippine Islands and of his regret that one of the great
 parties had not adopted his doctrine of incorporation in its platform as providing the solution for
 the then much mooted matter of the ultimate disposition of the Philippine Islands. It is evident
 that he was much preoccupied by the danger of racial and social questions of a very perplexing