The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-02


conditioned by the Constitution of the
United States?
3. Has the congress of the United
States Jurisdiction to legislate for said
islands and their inhabitants?
4. Must such legislation conform to
the constitutional requirements regard
ing territory within the boundaries of
the United States and citizens domiciled
therein? CMagoon, p. 81
1t appears that these questions were
submitted by the war department; and
that MT Magoon answered them ac-
cording to orders, is shown by the fact
that the fourth question assumes that
the first question has been answered in
the negative and the third in the affirm
at1Ve- With these two answers thus in
Dictated, the answers t. the other two
must be in the negative. So Mr..
Magoon's task was very evidently linn
tied to preparing the best possible argu-
ment for the worst possible cause.
To show the versatility of Judge
Magoon I ought to say that in May,
1889, before the political situation was
thought to require a different conStruc-
ton, he was called upon for his opin-
ion concerning the legal status of these
Islands, and then said: .'Thereupon the
territory conveyed became a part of the
United States and as such subject to
the Constitution. No further action by
congress was necessary or possible. The
Constitution does not depend on con-
gress for authority in any part of the
United States. The reverse of the pro-
position is the fact. From this time
congress must look to the Constitution
for authority to legislate for Porto
Rico" Yet this same Magoon, revers-
ing himself, has prepared the opinion
under discussion, which is the stock in
trade of our imperialist friends.
TIE administration devoteS several
pages of its brief to expounding some
well established legal propositions.
There is no question that the United
ritory, that having acquired territory
they have the power to govern it, and
the power to govern is unlimited unless
limited by the Constitution Of the
United States.
Neither is there any question but the
determination of the territorial limits
of the country is a political, not ju-
dicial question. The executive and
Congress extend or limit our boundaries
and when so extended or limited, the
courts are bound thereby.
MEANING OF UNITED STATES
In discussing this question, we find
the various meanings of the term
United States, to be source of confu-
sion. The Declaration or Independence,
1776, was subscribed by the Repre-
sentatives of the United States Of
America" The Articles of Confeder-
alton, 1878, take the official designa-
ton of the United States of America
pendence of the United States" with
boundaries extending from Florida to
the Great Lakes and from the Atlantic
ocean to the Mississippi. The preamble
establish this Constitution for the
United States of America" In these
cases the terms certainly means the
territorial area of the country known
as the United States of America. In
1920 the Supreme Court mad occasion
to decide what this term means in sec
ton eight of article one of the ConSti-
tuition, and said: THE eighth section
of the first article gives to Congress
the power to lay and collect taxes, du-
ties, imposts and excuses for the pur-
pose Hereinafter mentioned. This grant
is general without limitation as to
place 1t, consequently, extends to all
places over which the government ex-
tends. If this could be doubted, the
doubt is removed by the subsequent
words which modify the grant These
words, are, But all duties, impoStS, and
excuses shall be uniform throughout the
United States 1t will be contended that
the modification of the power extends
to places to which the power Itself does
not extend. The power, then, to lay and
collect duties, impOstS, and excuses may
be exercised. and must be exercised
throughout the United States. Does this
term designate the whole or any parti-
cular portion of the American Empire?
Certainly this question can admit of but
one answer. 1t is the name given to our
Great Republic, which is composed of
states and territories. The District
of Columbia, or the territory west of
the Missouri is not less within the
United States than Maryland or Penn
sylVania; and it is not less necessary,
on the principles of our Constitution,
that uniformity in imposition of i'm
posts, duties, and excuses should be OBJ
served in the one than the other.
Since. then, the power to lay and col
lect taxes. which includes direct taxes,
is obviously coextensive with the power
to lay and collect duties, imposts, and
excuses, and since the latter extends
throughout the United States it follows
that the power to impose direct taxes
also extends throughout the United
States"
1t will be remembered that in 1920
the territory west of the Missouri was
1norganized territory, the Constitution
hal not been extended over it by act
of Congress nor had Congress passed
any act declaring said territory within
the territorial boundaries of the United
States. Why? Because it is one of the
places over which the government
extends" and being such place it
was and is in the United States
But the administration seeks to break
the force of this decision by asking it
self the question: Has Congress
authority to legiSiate for territory ap
pertaining to and in the possession of
the United States but outside of its
territorial boundaries?" 1t will be OBJ
served that the administration makes
fundamental error by assuming that
there is territory appertaining to and in
the possession of the United States and
not within its territorial boundary. To
sustain its contention it cites the Ma
vassa island case reported in 1877 Z. S. p.
POP CNIagoon p. 1919. but for some rea-
son it overlooked some important ques-
tions decided therein by the court.
In 1856 Congress passed an act, one
section of which reads: Sec. $50.
Whenever any citizen of the United
States discovers a deposit of guano on
any island, rock, or key, not within the
lawful Jurisdiction of any government,
and not occupied by the citizens of any
other government, and takes peaceable
possession thereof, and occupies the
same such island, rock, or key may,
at the discretion of the president, be
considered as appertain1ng to the
United States"
Navassa island came within this law.
Henry Jones killed a man on that ISL
and, was brought to the States, regu-
larly indicted by a grand jury, con-
1-icfed Of murder hv q 1acr11la rIv anal