( I )  The  first  theory  is  that,  the  moment  a  treaty  is  ratified,
the  people  of  the  territory  are  thereby  completely  incorporated
into  the  United  States,  so  that  every  law  passed  in  general
terms  applies  to  them  :  they  come  within  the  customs  bound-
aries and  are  subject  to  the  same  rate  of  import  duties  as
residents  of  the  states,  and  are  entitled  to  unrestricted  trade
between  the  dificrent  parts  of  the  United  States ;  above  all,
the  people  of  such  regions  become  subject  to  all  the  privileges


§  167]         Unorganized  Dependencies.  371

of  freedom  embodied  in  the  constitution,  such  as  trial  by
jury,  habeas  corpus,  indictment  by  grand  jury,  cpunsel  in
criminal  cases,  and  the  right  to  keep  and  bear  arms.
This  theory  of  incorporation  is  subject  to  two  practical
difficulties,  not  felt  when  Louisiana  or  Oregon  or  even  Alaska
was  annexed,  because  these  territories  were  all  in  North
America,  and  because  at  the  time  of  annexation  the  number
of  people  concerned  was  small,  (a)  The  principle  would
require  the  collection  of  import  duties  on  the  same  scale
in  Porto  Rico  and  the  Philippines  as  in  New  York  or  Cali-
fornia, a  system  which  might  not  be  to  the  interest  of  either
the  continental  or  the  insular  United  States,  (fi)  The  Amer-
ican and  English  system  of  judicial  rights  is  not  in  accordance
with  Spanish  law,  nor  is  it  adapted  to  people  of  imperfect
civilization,  or  to  a  community  in  which  there  are  people  of
very  different  grades  of  civilization.
