The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-07-26


J without power In congress to either COME
upon or take from 1t the constitution
Governor General Davis. who succeedo
General Guy Henry. regarded free trad
as necessity for Puerto Rico. Eth
Root, secretary of war, declared that 9TH
highest consideration OF justice and goo,
faith" demanded such a course. Presiden
Mckinley, in his message to congress
tDec. last), after referring to the cessiol
as depriving Puerto Rico of the markets
OF Spain and Cuba. advised:
Tho markets OF the United State
should be opened to her products, oln
plain duty Is TO abolish all customs tariff
between the United States ana Puert,
Rico and give her products free aces,
TO our markets" The chairman OF IN,
ways and means committee OF the hous,
OF representatives (Mr. Payne), in A LEI.
ter written shortly afterwards (.;anuary
lssD, referring to the impoverished con-
dition of the island by loss OF her markets
and destruction OF two annual crops BY
hurricane. expressed 1t as his view that
free admission of her products to the
United States. which is now accorded 10
every state and Territory and to Alaska,
not organized into territory. would Give
her relief" Following these uttera ices
came the house bill imposing tariff rofe
OF 20 per cent of the rates In the Dinghy
Dill, which rate was reduced, by action
or the senate. TO Is per cent In the hill
wnlcn became law. The intensest excite-
uent attended the debates on and PAS
sage OF the measure. Party lines seemed
TOT the time to have fallen, while charges
OF outside influences we're freely made
AS illustrative merely without confirming
tne statements. we quote from an ar
.,eie IN Cram magazine (vol. 1, page 6O5)
ny " eugene Murray Aaron describing
nlnseit as "a Thoroughbred republican. -
~ wnlcn ne anlrms to have in hand up
wards OF three hundred denunclatory edj
torial extracts from papers credited as
aunlnlstration organs or adherents. and
referring in the course OF his remarks n
me period after the end of last Jgnuarv
says 4ii'''S'
lhen suddenly the hotels Of Washing
Ton began to fill up with the representa-
tMes OF vested interests alias the larger
trusts, as that term is now generally
t-dnslated. Chief, or at least most ne-
EresslVe and in evidence among this IN
Naulns horde, wis Mr. Henry Oxnard nv
COMMON eoI sent and by admission the
s - Q, ehtatlVe or the socalled tbeet-root
interest Of this country. The fur
ther history of webbing legislation
is tar too painfully burned into the recent
memories of all citizens who resnect ~
Natlonai pledges and are bitterly ashamed
vi Ine governments present attitude IN
can for repetition here"
me political aspect of the stated faots
on the legislation under review lie ,,a.sJ
or e'nleal quality, its policy or innolicv
:. - NOT intended here to consider Tho
saver and deeper problem TO which we
natnt s',enl'on arises from the visw
point OF the nations constitution IL
passage ho To-,
.lon involved, as shown by the debatce
was whether congress could lsgislato or
'ne Puerto Roan territory outside
~. I,oHHtltutloh' and, incidentally. whether
ne particular act was within any con-
stltutlonal restraint 1t is the broad
question, involved in the naughty ASSUME
lluh oil some of tbs advocates of IN,
MEASURE .,.,e' which is the special concern Of
us paper The Particular question
arose upon the fifth article (sec. 81 Of the
cunsVtutlon' which imposes upon con-
h t.,, tne restraint that "all dutiss,
lmposts and excuses shall be uni
form throughout the United states
me lack of uniformity in the tariff duty
IN question being apparent, IT is plain
tnaI tne act in so far. is invalid. If tn 8
provision Is applicable to Puerto Rio
NulIe th-s was the specific inquiry. the
presence of the broader question WAS
manifest. Thus Senator Allen. in the
course OF the debate, offered a resolution
tMaIch leth lasD, that by the treaty of
eesslon, the constitution was
ca gSnaea over the island of Puerto Rico
ana It's Inhabitants, but this resolution
was promptly tabled by an almost strictly
party vote (SS Cong. Rec, 1859.
NO question is made as to the power of {
the United States, exclusive of State con-
,rol or power TO acquire new territ ry .
ny conquest or cession 1t arises from
lhe grant In the constitution of authority
10 declare war and make treaties g ,
Storys Const., sec. 1881; Elllott's De-
oates, 297-26O; American ms. Co. v. Can
er' Pet, oil, 542), and the power 10
soNarn such territory comes from the
grant to congress OF authority "to dis
pose of and make all needful rules And !
equations respecting the territory ami
9ther property belonging to the Unit. !
states and Also as ''the inevitable con-
sequence OF the RICH. to acquire and ho,a
errltory (Sera v. Pilot, Cranch. U. s
3d. ed, 241). Nor is it denied that .
ne mere military occupation, during war !.
" territory acquired by conquest, EXCEPT I
n an international sense only. leaves
'oth the territory and the inhabitants
orelgn, the latter's allegiance being I
hanged only temporarily (Fleming VS..
90 - AAS''' v. -, uVt, eQ+, 40, ZS11. H.
Nor is 1t disputed that congress in legis 9
ating for the territories, exercises the "
ombned powers of the general and d
tate governments Gam. ms Co. v. Csn- d
sr 20 U. s., Pet, Sly; that it may |.
fence give jurisdiction to territorial /
ourts, which are not courts OF the United e
tates (sere V. Pilot 10 U. s.. 6 Cranch. Is
SZ); and that its power is plenary as o q
ne political rights of the Inhabitants n 81
resembling the form OF territorial gov y
rnmSnt murphy v. Ramsey, ia U. $ 10
o. A, l ed a. SD, If the limits fixed ~ II
ne constitution be not transcribed Of
Scott V. Sanford. so U. S., 39S, ed. 691). q
Tut these principles. it will be Observed Il
no manner affirm that congress can 2
egislata outside the constitution. and we II
ass on. pt
IL must be borne In mind that at no stem :,
the inquiry are we at liberty TO over =
'ok the fundamental principles operating =,
ne genius of our government. These -
rnciples. as said by the United States p
lpreme court are the thought ana soirit :,
T the constitution Absolutism. mon. Il
rchy, arbitrary power anywhere. were a.
lings detestable in the eyes of the found d
IS OF the Republic. The British yoke NJ
as thrown off, because taxation w,tho y :,
presentation and government wi hopt =