Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-12-28


spain VT any ui her colonies, l1auni
only with the produce OF minutdeiuie 70
OF spain or her colonies. uhali o. hi-
mlttod during the space % Twelve
years In The port u New orleans, hiu
In all other legal parts of entry Wthin
the ccdld territory 1Louls.annl in Tue
same manner as the ships ui thr unit-
ed States coming directly ium France
or spain, or any Of their colonies. Win
nut bciug subject to any other ur great
or duty on merchandise or other great
or tonnage than that paid by the ciu-
zena OF the United states
The erect Of this upaty stipulation
was 10 relieve the vessels u France and
| gpnin when entered az New brleaus
| from two Kinds 81 duties thcy wealu
have To pay In the pirt u New nnrk
] on BOSTON. or any other SEAPORT IN the
! t'nItad states There was, IN the INST
place. tonnage" "a duty ~ 10 cents a
ION collected from all foreign vessels
as against duty " Y cents 'gh On
American ships. As French and Span
lsh craft 10 be treated ~ American
in Louisiana, they would pay ~ cents a
ion less duty In New orleans than IN
New York. There was. In the Hecnnd
place. law providing that certain
goods. wares nnd merchandise coming
! 10 the United states In foreign vessels
should pay the tarln rates collected
4
| cent additional Under the treaty goods
coming 60 Louisiana In French or
| spanish ships were exempt from the
| additional 10 prf cent duty.
] Here. then. was nus Kind NJ tonnage
| duty and one Kind 81 tlrin Cor the ports
/ ~ the United States AMI another kinh
/ Tor the ports u the new territory. This.
said the opponents of the treaty. when
, II came before the Senate for ratlfica-
/ ton. u unconstitutional. We are for
/ hidden 10 give preference TO the ports
" one state over those Of another" by
/ "nuy regulation u commerce or rev.
onue" Yet this Il Just what We are
asked To- do. We are 10 say TO French
| and spanish ship owners. " you bring
/ your vessels So New York We win tax
| you 20 cents a ton. hut N you take them
/ 20 New orleans you need not pay but
6 cents ton. T. not this giving pref
cfence 10 the ports ~ one state over
those ~ another BY means % a regula-
/ tlon ~ revcnuef
We are asked again 10 say 10 the
merchants W France and Spain. when
your goods wares and merchandise
/ come o. New York you must pay the
| full tarif rates and 10 per cent mn-s
/ n the goods come In French or spanish
vessels. but. " you send the same
/ goods. In the same vessels. 10 New Or
leans. you need not pay thc 10 per cent
additional duty. II not this "A reguin.
ton ~ commerce which gives prefer
cnce to the port Of New orleans over
that ~ New York; II u not viola
/ ton OF the constitutional provision that
all duties. imports and excuses shall be
uniform throughout the United Stateaf
The answer vas. MOI The consiilu-
4 ton rays ports Of one stale over those
I 81 another" and when x FayH state II
imfnaa state. Hut New oflcnas 10 n
al
| tlnn restriction does not apply The
constitution does Indeed require all du-
I ties 80 be uniform throughout The Unit
ed States, bus Louisiana Il not a par:
OF the United STATES. 1T H." said on.
speaker. "a territory purchased by the
Unltsi States In fholr confed.fatod ca
pacliy. and may be disposed ~ by them
as pleasure. II Il In the nature ~ a
colony. whose commerce may be rrgu-
lated without any reference 10 the con-
E,itution."
II 10 needless TO viy .has such was
opinion q iwO-thifdr ~ the Senate
I that she treaty waa ratified, and had
scarcely been ratified when both House
and Senate gave another illustration "
IT, right 90 have any Kind of Irin p
pleased In the territories. In March.
1904, the President approved OF an act
which placed new specific duties on
long iist " articles. imp0nd an .x-
ira duty Of 10 per cent II they came
''ln HhlpH or vessels not Of the United
s,atcs." ana laid duty Of 80 cents
n ton ito be dcnomlnaicd light money"
on all foreign vessels fr; a claus In
;he same law expressly exempted from
the 10 per ccns tax and the light
money duty such French and spanish
ships ~ came 20 the ports Louisiana.
How absolutely, WITHOUT even the
spin. 81 the Constitution. n territory
was then considered 10 70, n again H.
luatrlied by the kind % government 81
up In isouisiara. II viii hardly be con-
tended" We are told, "that In the eX-
.rclfe OF rs power 80 govern -errlinrlea.
Congress may abolish trial by jury"
The answer Il that IN 1891 Congress
dii abolish trial by jury In certain
cases la the gefrhory % New Orlenas.
II llmlied jury frial ga the superior
court. n thc offenss charged was pun
ishablc by death iherc muf, b. a jury
trlal. In other cases, criminal and civil.
there was 10 be no jury trial unless one
/ ~ the pir'ier demanded u. Bui no
clyli ease could come before the super
Tor court unless ~ the value of tio0,
There was, therefore. absolutely no
jury trial for eases Of lcas than 500
In value
Now. tho Constitution says shat "in
SuEs at common law, where the value
|
rlght Of triai by jury shall be pre-
served" Not may he. hut shall 10
preserved. Yet. In orleans territory u
was not preserved, unless the value VA
/ five times gwcnty dollars.
'rhe judicial power OF the United
states" the constitution directs, shall
be veSsed in one supreme court and
| In such inferior courts as the Congress
may from time a. time ordain and -.
| satlfah The iulUnH lsufh ~ tho Hu.
| prone and Inferior courts, shall hold
ihelr offices during good behavior II
this meaua anyshi !, means that ths
judgea OF all courts established under
authority Of the Constitution shah hold
their Offices durlng food behavior.
Now. aherc never was Juice OF =
tefrl.arlal court who held MS office OF
srch tenure. AMI there II not "A terri
tcrlal court Judge suiNy who occur.s.
his bench or any oihrr terure than
| fh,ft term % year., ana who j. go
| removable ac the pleasure % the Prcsl
dcug. The territorial c0uies, then, ar
~, established by authority gf th'
Constitution. because . expressly i"f'
bids such a tenure.t II the Constitution
rit0rcs. such courts are unc1nstitu
ciolil. hut fhe Constitution does A0'
apply 70 the territories,
As Daniel Webster said IN 1870, II,
territories are the properly ~, not par
". ghc untiCd s'ates. The prNcisi
question H." said he. "Nnethor terri
tory while Il remains In a territorial
ssa{e y part ~ die un.tSi sintes
I maintain shat Il Is not. The Consul
sutton II eNtendtd over the Units
states and no,hing else, AMI can oNten,
over 'nuthing else. II cannot be extend
I'd over anything save the Old state
and the new states thas shall come q