The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-14
THEORY OFTHB REPUBLIC
Fathers Sought to Found a Govern
ment Of Limited Powers.
Brief of the Appellant in the Goetze
Case for the Return of Tariff Dues
Collected ON Goods Prom the Is
Hand of Porto ElicO-COnztisEtioas
aae-tions Involved in the Matter.

Lawyers are agreed that the brief Of the
appellant in The case OF John h Goetze
against the United States for the return Of
money paid by him as custom duties on
goods brought into the United States from
Porto Rico between the time OF the signing
OF The Treaty of Paris and the approval OF
The act for ire government Of Porto Rico
IS a strong one. The claim Of the appel
one depending upon the Tariff act Of 1897
and the other upon the Constitution.
These propositions are:
FfTst-That Porto Rieo, when the appel
lant's goods were brought thence 10 New
York. was net a foreign country, so that
they were not within the purvlew OF the
TarIn act.
Second-That Porto Rico at that time
was within the United States, so that II
the Tariff act were TO be construed as i'm
posing a tax upon merchandise so circUTn-
stanced, the imposition violates the pr0Yls-
ION of Section 8 Of Article Of the Consti-
tuition, that "aIl duties, imp0sts, and e1-
rsses shall be uniform throughout the Uni
ted States"
This case, with others involving ike and
cognate questions, viii be, as heretofore
published, argued before the Supreme
Court on Monday, December II
Judge SomerviIle, Of the Circuit Court
OF the United States for the Southern dis
trict of New York, from which the case
comes on appeal to the Supreme Court,
rendered the following opinion:
The sphere Of application Of the COnsti-
Jdtion IS determined, Eot by considerations
u title TO land, but by recognition of the
status Of its inhabitants. New territory IS
not brought under the Constitution by ac-
QUESTION OF the soil, but either by an in
corporation OF the inhabitants into the In
ion or by an extension OF our laws and in
siJuuOns throughout the territory This
can be done only by treaty or by Iegisla-
ton The Treaty Of Paris has not done SO;
"a the eontraT.F, the people Of the island
tEe left to fiTd determination of their
status in Congressional action There has
peen no extension Of our laws and inStitu-
lions te the island by Congress; and II is
therefore part Of the United States. but
still foreign country
The power to hold territory without in
cooperating II as an integral part under
Its organic law is an ordinary attribute of
sovereignty which the StaJr4 possessed be-
fore the formation Of the Union and which
shey delegated to the Federal Government
IL the treaty and war-zcaking powers.
Our Government may. therefore, by
treaty accept the title and sovereignty over
i-rriJoTy and at the same time preserve its
status Is Z foreign country SO far as its
internal relation to Us is concerned.
Prom the standpoint Of international
law, as regards other nations Porto Rico is
annexed TO the Union and has become fully
a part OF the United States The title to
;ae sell l. al US as exclusively as in that 20
any portion Of this continent. Its politi-
cal status Is determined by the treaty 1t
: new a part Of cur dominion, undistin-
ssuiShabls from any other part Of the
United safes SO far as other powers are
concerned tut from the standpoint of con-
stiJuticEal iaE the Treaty Of Paris left the
political status Of the Inhabitants Of Porto
Rico unchanged. Their status at the time
of cessiOn was that Of inhabitants of a for
-eign country as regards the Constitution
CT the United States and within the mean
ing of the TariH att TIE treaty OF ces-
sion did net change the cession and as Con
SreSs had net acted at the time of this
importation Fo-I0 Rico vas stiIl d foreign
country in the sense OF the Tariff law, and
dHties were lawfully assessed on the arti-
eias imported therefToG3- :"
The appellant uEGeF the specification of
glrors says:
The errors into which We conceive the
harmed judge below 20 have fallen in
reaching the conclusion Of which We COM
plain consisted.
colony. dependency, territory. province. or
what not was within the meaning OF t.
Tariff act 4 foreign country although in
the permanent and exclusive control anL
dominion Of the United States.
- In holding that Porto Rico when an
nexed BIZ this nation, I'D not become d
part OF the United States within the mean
ing OF the provisions of the Constitution
which requires that all duties imposts and
excuses shall be uniform throughout the
United States.
> IN holding that it was the meaning
and intent OF the Treaty Of Paris that Porto
Rico should be governed as foreign coun-
try without regard 10 constitutional restric-
lions. and that the treaty was effectual un-
der the Constitution. 10 accomplish this re-
suit
- In holding that 1t depends upon the
viii Of the Government whether upon an
annexation OF new territory it shall exer-
else unrestricted power therein. OF only the
restricted powers conferred upon the Gov
eTnment by the Constitution"
The appellant in the Introductory to the
argument says:
According to our views, the meaning of
the words imported from foreign eoun-
tries has nothing to do with the extent OF
the powers of the Government in exer-
cising its functions in Porto Rico. OF with
the existence, or the extent, of social or
civil rights OF the inhabitants It is a
mere question, an1 as We believe plain
question, whether from those words there
csn be deduced an intention on the part OF
Congress to levy a tax on goods brought
from any place within the domain of the
nation 10 another. L relates, to para
phrase the words of Daniel Webster in his
argument in the case OF Fleming against
Page, to our own office in New York; il
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5a FqFs collecting duties