The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-23

Justly fashionable since the war Of the re-
psllion, and that 10 that this eovsrnmsnt
Il not merely Gloss corporation Of state 9
but thas it rests In the peopls ~ whole,
body polite created by this constitution
But, the question involved IL far beyond
the dignity of any controversy about
syntar. Our revolution was based on the
idea that one community had no right to
permanently levy taxes upon another
com munity and the prime motive which
led to the establishment Of the constitu-
ton was q desire to do away with the
barriers upon trade, which were set upon
the frontiers Of each stats. so that trade
might be freely carried on throughout the
domain OF the United States. As our
government IL not simple and element
airy government. Tut one Of limited
powers under o written constitution, the
power TO tax and create barriers within
our dominion against trade should, In
view Of our history before the adoption OF
the constitution Be most strictly oou-
strued. The power Of taxation and the
method Of Its exercise are conferred In
the same clause and the method extends
wherever the power extsuds. II Congress
has the power to lew duties over an area
comprising tsrritcrles then the rule Of
uniformity applies TO that Same area.
This IL In accordance with the primary
rules of construction. But, the decisions
Of the Supreme court put the lmatter
above question. John Marshall. as great
jurist Is ever sat upon the bench. de-
olared in Lousbborough W. Lake, that
the rule Of uniformity In the imposition
Of duties extended to the territories. A
fantastic theory which has been dis
90 sered ny some modern jurists within
eighteen months holds that this opinion
Of Marshalll's was q mere diotum and
that the district Of Columbia. In regard
10 which the decision was rendered, got
under the constitution by some process
which made IL different from mers
territory. 1t 10 only necessary to say that
in all the long line of decisions concern
ing the cons.it utional stat Us Of the Dis
| triot Of Columbia the court has shown Its
ignorance OF this modern doctrine and
treats the district as q vulgar territory.
A third of q century after the Lough-
borough case the supreme court again
| when California became q territory de-
oidsd that the rule OF uniformity would
apply to 1t. Here are two different de-
cisions q generation apart, by our b'.ss-
est court, each rendered VIII the court
was composed Of entirely different
Justices. fPscioIally holding that the rule
! 81 uniformity in impost applies to terri
IL uncontrolled. And, yet in the facs
Of those decisions we who have taken an
oath to protect and defend the constitution
are asked to levy duties against an
American territory.
II Congress 10 not bound by these limi-
tations against taxing unequally. 1t IL
not bound by any Limitation upon Its
power in the constitution.
The case IL conclusive SO far as judicial
authority 10 concerned and W hen We re-
gard the circumstances cut of which our
government aud the constitution sprang,
the words of the taxing power, the direct
adjudication Of their meaning, the long
line of authorities which deny the ex-
istsnoe of absolute pc wer in Congress. 1t
is clear that the theory of despotic power Is
absolutely repugnant to our institutions.
We are asked to pass the bill that the
question can come before the supreme
court. That question can be brought up
today, but IL you pass this bill 1t will go
to the court with the weight that at
tachss to the action Of the great political
department of the government. We have
had one decision Of the court rendered in
times Of great political stress. that q
black man had no rights which . white
man was bound to respect, ana this
COUNTRY was delused with blood, to wash
that decision from our laws. Now we are
asked to lay the foundation for moot
case with the weight Of Congress behind
II and ask for another decision tn at the
white man and the brown ruan Of Porto
Rico are merely our ohattsis and that the
oommonest constitutional right secured
to the meanest man that treads our soil,
does not belong TO them although they are
under our flag. List no act of Congress
impart sanction to that idea.
Then 1t Is said that II this view or the
constitution prevails We cannot afford to
keep the Philippines. How often might
our ance stors have become alarmed over
the cessions of vast territories, many
times in excess of our original area and
have been fearful Of the result upon their
ind ustries and their institutions. Yet
the human rights secured by the oonstitu-
ton have been recognized over thess
broad annexations and nobody will say
today that the whole country was not
| better for IL. The ultimate solution Of the
Philippine problem has been reserved to
us and have no doubt we shall solve 1t
wisely. We ara now considering the case
of q territory which lie part of this COD
tinent, admitted to be within the natural
radius of our political action and OF great
Importance to our defense. do not view
without concern the prospect OF this ma.
ton for ever taxing the people Of that
island.