Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-03-16
NEWLANDS' SPEECH
Views On the Question of Rev
enue Laws for Puerto Rico

Views o. the Question Of Rev
enue Laws for Puerto Rico
To the Committee on Ways aud Means:
In concurring with the minority report
I submit the authorities and the treason
ings which, in my judgment, sustain the
view with the prohibitions and limit
atoms of the Constitution applied to the
power of Congress in all legislation, and
that the Constitution, er p1oprio cigore,
applies to all territory belonging to the
United States.
The question referred to your COM
mittee is as to the meaning of the term
"United States in that provision of the
Constitution which declares that all
duties, impests and excuses shall be
uniform throughout the United States
viz, whether it includes only the States
composing the Union or whether 1t also
includes the territories belonging to the
United States.
The purpose of the inquiry is to ascer-
tain the status of the Fuert REQ and the
Philippine Islands in their relations to
the Government of the United States.
The government: of these insular p
sessions, outside OF the temporary mill
tary government AT present maintained
and conducted by the President as Com
mander'n-C hief OF the Army, must be
framed by the Congress of the United
States, and the question is whether the
Congress has a free hand in all legisla-
ton relating to such islands and can
exercise without limit, all the powers of
sovereignty, or whether the constitu-
tional limitations and prohibitations APP
ply to such legislation to the same eX-
tent that they do to Federal legislation
operative within the area of the States
composing the Union.
1t may be conceded at the outset that
the United States may acquire territory
either under the treaty making power
or The war power of the Constitution, or
by virtue of its general powers of SOY
ereignty as nation, and that the power
to govern the acquired territory results
from the right to acquire, and alse from
The provision of the Constitution. So =
ton 8, Article ", which declares: The
and make all needful rules and regula-
tons respecting the territory or other
property belonging to the United States
The term United States can be used
in two senses-one political. and relut-
ing only to the Government: the other
geographical and relating to the area
governed.
In the political sense, the term UNITED
States" means simply the States compos
ing the Union, for in the people of theS.
States is reposed all the governing pOwc1
of Federal nature. They alone sn'ec
the President: they alone select the State
Legislatures: which select the Senate
they alone select the the House of Rep
resentatives: they alone select the Law
makers and law executing branches o
the Government, through which til
Supreme Court and other inferior court
provided fer by the Constitution are or
ganized and established.
The I nited States which governs con
sists of the States composing the Union
the United States which is governed con
ssts Of the entire domain of the Unite
States, territories as well as States.
The government OF the United State
is limited sovereignty, controlled by
Constitution which grants certain pow
ers. limits others, and prohibits other:
The granted powers, the limited power
the prohibited powers, ard the power
reserved to the States and the people
all 8aSSed into the one Sovereignty
would make despotism.
The Congress of the United States
the creature Of the Constitution. All il
powers are created by the Constitute
and il any limitations are imposed upo
its powers in general terms, they mu
be applied to all Legislation which
originated; and such limitations Will n,
be confined to that part only of its legi
lation which relates to the States compC
ing the Union. The Congress of tt
United States was not to be despotisl
in some parts of the Union and a bod
of limited constitutional power in q
other.
So. also, with reference to the powe
prohibited to Congress, and so, also,
to the powers denied to the States 1t
impossible to believe that the Const
tuition contemplated the exercise Of DO,
ers by territory, acting under Consre
SIGNAL authority, which are denied to
State