The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-15
STATUS OF PORTO RICO
IMPORTANT RULING b. A FEDERAL
JUDGE IN A TARIFF CASE.
He Holds that in n Sense the Constitu-
ton Did Not Follow IA Flag
TO the island.

Townsend, In the United States District
Court for the Southern district of New
York. to-day handed down an opinion in
the case OF John III. Goetz & Co. VS.. the
United States. in which he declared the
treaty OF Paris valid and that the status
Of the people OF Porto Rico is that OF in
habitants OF a foreign country as regards
the Constitution of the United States and
within the meaning of the tariff acts. Judge
Townsend held that Porto Rico Is a part OF
the United States so far as other coun-
tries are concerned. but so far as the Con-
stitution OF this country is concerned is n
foreign country. and that the United States
can govern it without subiecting 1t to the
burden of national taxation, and that the
status of the inhabitants will remain un-
changed until Congress shall determine it.
The decision OF Judge Townsend affirms
the decision of the Board of General APP
praisers assessing a duty of IS cents per
pound on 100 bales of leaf or filler tobacco.
On June 6, 1859, J. II. Goetz & Co. inn
ported from Porto Rico into the port OF
New York one hundred bales of tobacco.
upon which duty was assessed at IS cents
per pound. In accordance with the Ding
ley law. The importers protested. claim
ing that the merchandise was not subject
to duty because Porto Rico was not a for
eign country and because therefore the
imposition of duties on goods brought
from a place within the territory OF the
United States into a port OF the United
States is not awful and valid under the
Constitution"
Judge Townsend did not go into a pre-
liminary question of jurisdiction, but con-
fined himself to the main question OF con-
stitutional validity. Judge Townsend said:
Before the war with Spain Porto Rico
was a foreign country. IL did not cease
to be a foreign country when IL was occu-
pied by the military forces of the United
States. The conquest of Porto Rico under
authority of the executive made IL ours
by military title. But the Presidents con-
quests do not enlarge the. boundaries or
this Union, nor extend the operation or our
Institutions and laws beyond the limits
before assigned TO them by the legislative
power. Our boundaries could not be regu-
lated by the varying incidents of war and
thus enlarged or diminished as the armies
on either side advanced or retreated. In
this sense. therefore, our constitutional
boundaries do not follow the flag.
Judge Townsend said this could only
he done by the treaty-making power or
Porto Rico" he said, did not incorporate
the island within the United States. Did
the treaty OF cession accomplish tnat re-
suit? What action on the part of the treaty
making power is essential to effect a conf
plete incorporation of new territory and
whether this result can be accomplished at
ell without supplementary legislation Is
by no means settled.
Judge Townsend then discussed the treaty
Of cession of Louisiana. A special provi-
sion admitting the citizens of Louisiana to
citizenship was Incorporated In the treaty:
The same was Incorporated in the treaty or
cession of Florida. The treaty OF cession OF
California was also deliberately discussed
and also that OF Alaska.
Thus we see," said Judge Townsend.
that in all previous cessions of territory
there has been a special provision In the
treaty for Incorporating the inhabitants
within the United States"
Judge Townsend then discussed the treaty
of Paris which went into effect April IL.
1899. He said: There Is no stipulation for
the incorporation Of the inhabitants within
the Union as there has always been in
prior treaties. On the contrary, their civil
rights and political status shall be deter
mined by Congress. Spaniards who re-
nounce their allegiance have the same
status as natives. Before c~ession. under
conquest. Porto Rico was a part of the
United States as to foreign nations; the de
facto title TO the soil was In the United
States, but its inhabitants were foreigners
to the Constitution and the provision for
uniformity of duties had no application
there. By cession the title became de Jure.
but in the status of the islanders as for
eigners and so in the status of Porto Rico
as a foreign country no change was to be
made until Congress should determine its
character. The treaty vests the sovereignty
over the island I'm the United States. but
postpones changes in the relations OF its
people and its relations 10 the body polite
until Congress shall determine what re-
lations shall be best suited 10 the conditions
of the inhabitants and to the welfare OF
the United States. Since Congress. at the
time of this importation had not performed
this condition of Incorporation. the status
| of Porto Rico. except as to other nations,
remains unchanged"