The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-09

States" is not applicable to orr new
possessions which, they say, are not
United States territory within the mean
ing of that declaration
The Democrats, together with Mr..
Newlands. of Nevada. took the contrary
view. Mr.. Mccall. the dissenting Repub-
lean practically holding with them. He
made separate report. saying he can
not support the bill ''because it does
not follow the rule of uniformity pre-
ecrihed by the Constitution. y
The majority report was submitted by
Chairman Payne. 1t says the % per
cent duty is necessary to prevent United
States manufacturers of spirits and ci-
CARS from being at a disadvantage. \
considerable portion of the report is de-
voted to a discussion 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.
absolutely within the power of Congress
rs Porto Rico included within the mean
ing of the term United States in the
Constitution the report says:
THE term United States. undoubtedly
is used in the Constitution in its poiti-
cal sense as that corporation which is
the result of the Federal Union and con
stitutes the United States nation"
Concerning the acquisition of territory
the report states:
Subsequent to the acquisition of
Louisiana the United States has ac-
auired territory in a number of instances
nf ~ /,
Ii is to be observed that in each and
all of these cases. both by the terms
of the respective treaties and by the leg
islation of Congress with respect to the
acquired territory. the doctrines an
nounced in connection with the acQuisi-
ton and government of Louisiana have
been reaftirmed.
In each and every case il has been
thought necessary. in order to modify
the otherwise unlimited powers of Con
gress. to make special provisions in the
treaties by which the territory was ac-
quired.
POWERS OF CONGRESS.
'In all of the treaties. save that relat-
ing to Alaska. provision has been made
that the territory acquired should be
incorporated into the Union as soon AZ
possible and that in the meantime the
civil rights of its inhabitants should be
guaranteed. In the treaty with Russia
whereby AaSka was acquired no provis-
ion was made for the Incorporation or
the territory into the Union. but proyis
ion was made that the inhabitants should
have the immumities of citizens of the
United States and protection in the on
iOyment Of their liberty. property. and
religion. Had not these terms been
made in the treaties. the. territory nc
auired would have become subject TO the
legislation of Congress under its power
to make all needfu rules and regulations
respecting it, which is without limita-
ton If by the mere acquisition of ter
ritory by the United States its govern
ment becomes subject to the limitations
of the Constitution. then clearly there
was no necessity for the insertion of
limitations in the respective treaties.
so far as legislation with respect TO
1heSe treaty acquired territories has been
had it has been 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. cx-
cent i'll so far as it is limited by the
thirteenth amendment to the Constitu-
ton which prohibits the existence of
slavery in amy place over which the Cni-
ted States has jurisdiction. In the case
of Hawaii express 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 consti-
tutional government more strikingly IL
Illustrated than in the mbroken line or
decisions which in terms exclude terri
tories from one of the main articles
of the Constitution"
After citing many cases in support
Of its contention the report concludes:
"First-That upon reason and author
ty 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 Ter
ritories is plenary
"Third-Irhat under that power Con-
gress may prescribe different rates for
duty for Porto Rico from those pre-
scribed for the United States.
THE DEMOCRATIC REPORT.
The minority report is signed by all the
Democratic members of the Ways and
| Means Committee and Representative