The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-09
A CONSTITUTIONAL QUESTION.
CAN CONGRESS FIX THE PORTO RI
CAN GOVERNMENTS

ernment-PreccdentS Cited-Minor-
ity Declares Ii Is Entitled TO the
PriviIedGeS of the Constitution.
Washington. Feb S-The reports on the
bill framed by the Ways and Means Com
mittee, imposing duties equivalent to IS
per cent of the American tariff on goods
imported into Porto Rico from the United
States and vice versa, were submitted
to the House to-day
The Republicans of the committee. ex-
cept Mr.. Mccall of Massachusetts,
agreed to report in support OF the bill,
devoting considerable portion of their
argument TO sustaining the contention
that the clause of the constitution de-
caring that "all duties, imports and ex-
cises, shall be uniform throughout the
United States" is not applicable to our
new possessions, which, they say are
not United States territory within the
meaning of that declaration.
The Democrats, together with Mr.. New
lands of Nevada, took the contrary view,
Mr.. Mccall. the dissenting Republican,
practically holding with them. He made
a separate report. saying he cannot sup
port the bill because it does not follow
the rule of uniformity prescribed by the
Constitution"
The majority report was submitted by
Chairman Payne. 1t says the % per cent
duty is necessary to prevent United States
manufacturers of spirits and cigars from
being at a disadvantage. A considerable
portion of the report is devoted 10 a dis
cussion of the crops of Porto Rico and
markets for them. also the necessities for
customs duties to keep up the revenues of
the island.
The report declares that the revenue
laws to be applied to Porto Rico are aD-
solutely within the power of Congress to
determine Discussing the question: Us
Porto Rico included within the meaning
Of the term United States in the constl-
| tution?" the report says
"The term United States undoubtedly
is used in the constitution in its political
sense as that corporation which is the
result of the federal union and consti-
tutes the United States as nation"
other Territories Taken In.
Concerning the acquisition of territory,
the report states:
Subsequent TO the acquisition of Louis
lana the United States has acquired ter
ritory in a number of instances by virtue
of the treaty-making power. 1t is TO be
| observed that in each and all of these
| treaties and by the legislation of Congress
| with respect to the acquired territory the
doctrines announced in connection with
| the acquisition and government of Louis
| lana have been reaffirmed,
In each and every case It has been
| thought necessary, in order to modify the
| otherwise unlimited powers Of Congress,
to make special provisions in the treaties
| by which the territory was acquired.
I'm all of the treaties, save that relat-
| ing to Alaska, provision has been made
| that the territory acquired should be in
corporated into the Union and In the
meantime the civil rights of its inhabitants
should be guaranteed. In the treaty with
Russia whereby Alaska was acquired, no
provision was made for the Incorporation
of the territory into the Union, but
provision was made that the in
habitants should have the immunites
Of citizens of the United States and protec-
tion in the enjoyment OF their liberty.
property, and religion. Had not these
terms been made in the treaties the terri
tory acquired would have become subject
to the legislation of Congress under its
power to make all needful rules and Tegu-
lations respecting it, which is without linn
itaton, If by the mere acquisition of ter
rftory by the United States its government
becomes subject to the limitations Of the
constitution, then clearly there was no ne
cessity for the insertion of limitations In
the respective treaties.
Power of Congress.
80 far as legislation with respect to
these treaty-acquired territories has been
had ID is to be attributed to the guaran-
tees secured by the terms of the treaty.
In the case of territory acquired with no
Limitation upon the power of Congress its
power is absolute and exclusive, except in
SO far as 1t is limited by the thirteenth
amendment to the constitution, which pro-
hbits the existence Of slavery in any
place over which the United states has
jurisdiction. In the case of Hawaii OK
press recognition was made of the fact that
its laws would remain in force until action
by Congress.
Nowhere is the distinction between the
United States as subject to constitutional
government more strongly illustrated than
in the unbroken line of decisions which
in terms exclude territories from one of
the main articles of the constitution"
After citing many cases IN support of
it's contention, the report concludes:
First That upon reason and authority,
the term United States as used In the
constitution, has reference only to the
states that constitute the federal union,
and does not include territories.
Second That the power of Congress
with respect to legislation for the terri
tories is plenary.
Third That under that power Congress
may prescribe different rates for duty for
Porto Rico from those prescribed for the
United States"
The Minority Report.
The minority report is signed by all the
Democratic members of the Ways and
Means Committee and Representative
Newlands the silver member of that COM
mittee. 1t says, in part:
"The bill raises two questions which
must be considered and determined.
First. The right or power under our
written constitution to enact the meas
ure.
Second. Whether, II we have the power,
Congress should exercise II in the manner
provided In the bill.
"The bill is framed upon the idea and
assumption that Congress enters upon the
government of Porto Rico unrestrained by
the provisions Of the constitution"
The report then takes up the constitu-
tional provision, that all duties. etc. shall
be "uniform throughout the United
States" and presents the law decisions
that the term UNITED States" has univer-