Evening star., 1899-06-24
The Status Of Porto Rico Submitted
to the Attorney General.
AN IMPORTANT QUESTION PRESENTED
Senor Luis Munoz Rivera Quotes
Precedents and Authorities,
AN INTERESTING INTERVIEW

of its Constitution ana 10 the laws SoN-
erning the imports and exports Immediate
Iy upon the exchange of the ratihcauoas
of the treaty of peace between the United
States and Spain has been submitted 10
Attorney General Griggs and is now being
considered by him. The problem was pro-
pounded in a written communication by
Senior Luis Munoz ex-secretary of state in
the Porto Rican cabinet, who has been IN
Washington for some time representing the
agricultural interests of the Island In IN
terviews with President Mckinley and the
administration authorities Senor Rivera has
impaired much valuable information con-
cerning the agricultural, industrial and com
mercial conditions of Porto Rico. and has
shown that by the transfer of the lsIanC
to the United States that the markets OF
Spain and Cuba, which were formerly open
to Porto Rico's sugar and tobacco nave
been closed because of the fmpoSt OF uutles,
while the markets of the United States re-
main practically closed for the same rea-
In conversation with Star reporter,
Senior Rivera declared that the Porto Rican
people have welcomed the change of SOW
ereignty and are absolutely loyal TO the
United States. The great question upon
which the future of Porto Rico depended,
lie said was the free interchange OF com
modities between the island and the rest OF
the United States
TO secure this is the main object of my
ed 1T is life or death to us. The richness
of our island is but mockery when we can
not dispose of our products. Being purely
agricultural country the closing of our 1of-
rner markets to our sugar and tobacco
means r-Iination to all-the agricuitur1Sts
the labOring classes and the merchants VINO
depend upon the former for their business
Congress will most probably remedy all
this suggested the Star reporter
Yes" he responded. we have been told
to have patience and wait for congress 10
haTl We M
prepare for the next crop. and We teaf tnat
with the great press of business that your
new Congress is sure TO labor under Porto
Rico may have to wait until IL will be TOO
late to relieve. much less save, the econom-
ic situation
By a stroke of the Presidents Pen.
Under the circumstances, he continued.
Il have made complete study of the sit
uttion and am convinced that relief could
be afforded us without waiting for congress
sionaI action. simply by a stroke of the
Presidents pen.
Why the very moment that the ratifica-
tions of the treaty of peace between the
United States and Spain were exchanged
Porto Rico became an integral part OF the
United States, subject TO the federal Con-
stitution and to the general laws OF the
Union. including the tariff laws: FROM tnat
moment no duties could lawfully be levied
In Porto Rico goods coming from the
rest of the Union and no duties could law
fully be levied on Porto Rican products en-
terirE the mainland of the Union
Upon what authority do you base these
claims -
Upon the highest in the Union an
sWered SenGr Rivera. / am supported in
this view not only by the action of the adj
ministrative officers of the United States
when California ceded by Mexico but
by the decision of the United States Su-
preme Court which sustained them. There
is no question about this, as l can easily
show YOU
The Case of California.
"On August .. 1913. two days after the
announcement in California of the ratifica-
tion of the treaty of peace with Mexico
Mason, then military governor of Califor-
MIA, proclaimed that the tariff of duties fol
the collection of military contributions will
Immediately cease. and the revenue laws
and tariff of the United States will be sub
stituted in its place. Commenting on this
action. the United States Supreme Court, in
the case of Cross against Harrison. said:
' The war tariff, however was abandoned
soon the military governor had re
ceived from Washington information of th'
exchange ald fatitica ton OF the treaty will
Mexico. and duties were afterward leviet
in conformity with such as Congress hat
imposeA upon foreign merchandise import
ed into the other ports of the United States
Upper California had been ceded by tn
treaty to the United States. This last wa
done with the assent OF the executive o
the United States, with or without any in
terference to prevent II. Indeed, from
the letter of the then Secretary of Stat
and from that of the Secretary of tn
Treasury We cannot doubt that the action
of the military governor of California wa
recognized as allowable and lawful by MI
Polk and his cabinet We think it was
rightful and correct recognition under a
of the circumstances. and when we Sa
Tightful We mean that it was constitutions
although Congress had not passed act I
extend the collection of tonnage and i'm
port duties TO the ports of California
Secretary Marcy's Position.
ON October g. 1s4s." continued Senior Ri
vera, Secretary of War Marcy. in a Iette
10 Governor Mason said: But the govern
ment de facto can, of course, exercise II
powers Inconsistent with the provisions O
the Constitution of the United States whic
Il the supreme law Of all of the states an
territories of our Union. For this reaso
no import duties can be levied in Californi
ON articles the growth, product and mani
tacture Of any state or territory of tn
United States. and no such duties can b
imposed in any part of the Union on tn
products of California: nor can duties
charged on such foreign productions a
have already paid duties in any part of tn
nited States -
AT about the same time the Secretary @
State by direction of President Polk. in
letter of instruction to William H. Borhie.
government agent. used nearly the sam
language. showing that the subject ha
been very carefully considered BY the Pre-,
fdent and his cabinet. He said
This government defacto Will of coIIrs.
exercise no power inconsistent with III
provisions Of the Constitution of the Unite
States, which is the supreme law of I'll
land. For this reason no import duties ca
be levied in California on articles of III
growth. produce or manufacture of III
United States. such duties can
Imposed in any other part of our Union G
the productions of California Nor ca
new duties be charged in California upo
such foreign productions as have alread
paid duty in any of our ports of entry f,
the obvious reason that California is will
IN the territory of the United States
shall not enlarge upon this subject hoy
ever. as the Secretary of the Treasury wi
perform that duty
Prior to Action by Congress-
This was before any action whatev
by Congress- said Senior Rivera The i
structions of the Secretary of the Treasul
referred TO are as follows:
First. All articles of the growth. pr
duce or manufacture of California shipp
therefrom at any time since the goth
May last. are entitled to admission free