New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-09
THE PUERTO RICAN TARIFF
THREE REPORTS FROM THE WAYS AND
MEANS COMMITTEE PRESENTED
IN THE HOUSE
IN THE HOUSE
[BY TELEGRAPH TO THE rRrBuNH.l

goods from Puerto Rico imported into the United
| States and vice versa was reported in the House
| to-day, and Chairman Payne gave notice that
| the bill would be called up next Thursday. The
debate on it will run for week.
The report of the majority of the committee,
which was presented by Chairman Payne, is
| document of unusual Importance and interest.
It deals with the subjects of trade and revenue
| in satisfactory manner. and that part of 1t
which relates to the pfsnary power OF Congress
| to enact special tariff legislation and all other
necessary laws for the government and benefit
of territory belonging to the United States"
and make all needful rules and regulations
therefor, is a strong argument in support Of the
position taken by the majority in regard to that
question.
The Republicans of the committee. except Mr..
| Mccall. of Massachusetts, devote considerable
portion of their argument to sustaining the
tenton that the clause Of the Constitution de-
claring that "all duties, imposts and excuses
shall be uniform throughout the United States
is not applicable to possessions, which, they
say, not United States territory within the
meaning of that declaration. The Democrats to-
gether with Mr.. Newlands. of Nevada, take the
contrary view Mr. Mccall, the dissenting Re
publican, practically holds with them. He made
separate report, saying that he cannot support
the bill because it does not follow the rule of
| uniformity prescribed by the Constitution. Mr..
to which the bill will commit the Government.
THE MAJORITY REPORT.
The majority report says the % per cent
duty is necessary to prevent United States
manufacturers of spirits and cigars from being
at a disadvantage considerable portion of
the document is devoted to a discussion of the
crops of Puerto Rico and markets for them,
also the necessities for customs duties to keep
up the revenues of the island 1t is declared
that the revenue laws to be applied to Puerto
Rico absolutely within the power of Con-
gress to determine. Discussing the question, rs
Puerto Rico included within the meaning of the
term United States in the Constitution" the
report says:
That 1t is not included would ap-
parent from a variety of considerations. 1t
must be recollected that the term United
States" has more than one meaning. 1t means,
in the first place. the several States respective
ly that constitute the Federal Union. 1t means
again, in a geographical sense. all the territory
over which the United States has jurisdiction,
just as the British Empire means all the COM
ponent parts of the Kingdom of Great Britain.
But it means IN Its political sense that corpora
ton which is the result of Federal union and
constitutes the United States nation. 1t is
undoubtedly in this latter that 1t is used
in the Constitution.
ACQUISITION OF TERRITORY.
Concerning the acquisition of territory the re-
port says:
the United States has acquired territory in
number of instances by virtue of the treaty
making power. 1t is to be observed that in each
and all of these cases, both by the terms of the
respective treaties and by the legislation of
Congress with respect to the acquired territory,
the doctrines announced in connection with the
acquisition and government of Louisiana have
been reaffrmed
In each and every case It has been thought
necessary, in order to modify the otherwise I'M
limited powers of Congress, to make special pro-
visions in the treaties by which the territory
In all of the treaties, that relating to
Alaska, provision has been made that the ter
ritory acquired should be incorporated into the
Union as soon as possible, and that in the mean
time the civil rights of it's inhabitants should
be guaranteed. In the treaty with Russia where
by Alaska acquired provision made
for the incorporation OF the territory into the
Union, but provision was made that the inhabi-
tants should have the immunities of citizens of
the United States, and protection in the enjoy
ment of their liberty, property and religion. Had
not these terms been made in the treaties the
territory acquired would have become subject
to the legislation of Congress under its power
to make all needful rules and regulations
specting 1t, which is without limitation. If by
the mere acquisition of territory by the United
States its government becomes subject to the
limitations of the Constitution, then, clearly
there was no necessity for the insertion of lin
itations in the respective treaties.
So far as legislation with respect to these
treaty acquired territories has been had it is to
be attributed to the guarantees secured by the
terms or the treaty. In the of territory
acquired with limitations upon the power of
Congress, its power is absolute and exclusive
except in so far as it is limited by the XIIIth
Amendment to the Constitution, which prohib-
Its the existence of slavery in any place over
which the United States has Jurisdiction In
the case Of Hawaii express recognition was made
of the fact that its laws would remain in force
until action by Congress.
Nowhere is the distinction between the United
States as subject to constitutional government
more strikingly illustrated than in the unbroken
line OF decisions which in terms exclude Terri
torres from one of the main articles of the Con-
stitution.
DEFINITION OF UNITED STATES"
After citing many cases in support of it's con-
tention. the report concludes:
Frst-That upon reason and authority the
term United States" as used in the Consti-
tuition has reference only to the States that
constitute the Federal Union, and does not in
clude Territories
Second-That the power of Congress with re-
spect to legislation for the Territories is plenary
Thtrd-That under that power Congress may
prescribe different rates Of duty for Puerto Rico
from those prescribed for the United States.
Mr.. INGALLS, DISSENTING VIEW.
Representative Mccall of Massachusetts, is
the only Republican member of the Ways and
| Means Committee to dissent from his colleagues
on the Puerto Rican bill. and this fact attracted
unusual attention to the separate report he
| presented He says in part:
The pending bill is in my judgment we'll
likely to roduce suicent revenue am alu un -
hDIe TO give 1t my support because 1t does not fol
Congress in legslating for the Territories of the
1 do not think IT material to consider whether
the Constitution ex propro vgore extends the
ton involved is whether Congress- in iegsiating for
hs5 tfrSTy Is SIdnS to observe those limitations
tuition or whether Il possesses arbitrary power,
Tarri Of