The Pacific commercial advertiser., 1900-10-19

teenth Amendment distinguishes between the Omitted States
and ANY place subject their jurisdiction 1t supported
by judicial decisions shown the Peacock which
be added the very latest decision by United States District
Judge Townsend the of GOe IT, s. the of which
has yet been received To quotations in the Peacock
case but will be the opinion dated August TO-
1890, of the Attorney of the United States % Op 56o
"The right of the President Commander in Chief of the
Army and Navy of the United States the Constitution to
exercise and control Porto Rico did not cease
become defunc consequence of the signature OF te treaty
Of peace from its rahcaton 1t settled by the ud
ment of the Supreme Court OF the United states In similar
arising of the enforcement of local tariff laws In Caor
Lila subsequently the cession that territory and
legislation with reference by Congress that the civil gov
organized from right of conquest by the military OIL
of the United States continued it ceded con-
quest without any violation of the Constitution laws of the
United States. Gross Harrison, 16 Howard, 164 Ac
corng the welsetted principles of public law relating to
territory held by conquest and according the adjudication of
the Supreme Court of the United States in Cross Harrison
the military authorities possession in the absence of egisla
ton Congress may make such rules regulations and
such duties upon merchandise imported into the conquered ter
rory they may in their judgment and dscreion deem wise
and prudent But the admission of merchandise into the
ports Of the United States that governed solely by the exist
ing laws passed by Congress- and the President poweress
either add detra from che force and effect OF such laws
IT the laws require that merchandise introduced from the island
If Porto Rico the ports of the United States should pay the
duties that would be charged similar merchandise I'M
ported from those which distinctly foreign then the
President poweress remit such obligation The question:
therefore, be decided relates not the power OF the President
matter the law of the United States governing the
introduction merchandise domestic
depends whether Porto Rico be considered to the
laws of the United States domestic foreign territory
The facts of the fortunately without parallel and
the question has practically been auhortavey disposed of by
the Judgment of the Supreme Court of the United States The
authority which refer is Fleming Page Howard 603
This decided in $780, the opinion of the being
rendered by Chief Justice Taney The involved the legal
iy of the exacon of duties the port of Philadelphia
chandise imported into that port from Tampco Mexico in
March and June of S47 when Tampco the military pos
session of the United States territory BY the laws
and Of naton said the Chief Justice conquest valid
title while the victor maintains the exclusive possession of the
conquered country The citizens of other nation, therefore,
had right without the permission of the American
authorities to hold intercourse with its inhabitants to
trade with them As regarded all other nations part of
the United States and belonged them exclusively the
territory included established boundaries But yet
part of this Union And the relation in which the port of
Iampco stood the United States while occupied by their
did not depend upon the laws of nations but upon
Constitution and acts of Congress- The Chief
Justice then refers the uniform construction of the
laws given by the Executive Departments of the Government
all similar that had previously arisen and concludes
follows:
This of the revenue laws uniformly
given by the administrative department of the Government
every that has before it. And has, indeed been
given where there appears have been stronger ground
for regarding the place of shipment domestic port For after
Florida had been ceed the United States and the forces
the United States had taken possession of Pensacola de-
cded by the Treasury Department that goods imported from
Pensacola before act of Congress passed erecting
collection district and authorizing the appointment of col
ctor liable duty That is that although Florida had
by ceson actually become part the United States and
IN our possession yet under laws its ports must be
regarded foreign until they established domestic by
act of Congress- and appears that this decision sanctioned
at the time by the Aorney of the United States
lew officer of the Government And although directly
applicable the before yet the decisions the
uy Department in relation Amelia Island and ports
IN louisiana after that province had been cedd the United
States, were both made upon the grounds And in the
latter after cstomhouse had been established by law
New Orleans the collector that place regard
as foreign ports Baton Rouge and other settlements still in pos
session of Span whether the Mississippi berve the
coast The Department in instance that Of
since the establishment of the Government has recognized
place in newly acquired country domestic port from
which the coasng trade be carried unless had been
previously made so by act of Congress.
principle thus adopted and acted upon by the executive
department of the Government has sanctioned by the
ons In this court and the circuit whenever the question
came before them We do propose upon
different cases cited In the 1t is sufficient saw that
there no discrepancy between Them And all of he so far
as they apply maintain that under revenue laws
port is regarded foreign unless custom from
which the vessel clears within district established
by act of Congress and the officers granting clearance