The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-04
SUNDAY. MARCH 4. 1900.
THE PORTO RICaN Tan UNCON-
STITUTlONAL

We have given careful attention to all
we have seen and heard IN support of
the right of Congress under the Consti-
tuition TO impose burdens by taxation
upon Porto Rico which are not Imposed
upon other parts of the United States,
but all OF 1t fails utterly to convince US
In the aeast that it may do so. The
discussion. SO far as We have seen, has
wholly failed TO take notice of what is,
in our judgment, a controlling fact in
the case. We do not mean to say that
Congress would have had a right 10 do
this thing under the Constitution as it
stood before the fourteenth amendment
was adopted. But we do mean TO say
that we can understand no agreement
made in support of the right DIN view Of
that amendment to the Constitution.
The amendment reads as follows:
'.All persons born or naturaliZed an
the United States, and subject to the
jurisdiction thereof, are citizens Of the
United States and Of the States wherein
they reside. No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States: nor shall any State de-
prirc any person of life liberty or prop
erty without due process of law, nor
deny to any person without its juris-
diction, the equal protection Of its
laws
This second Magua Charta in legisla-
ton came before the Supreme Court of
the United States for construction in
the Slaughter House cases, 16 Wallace.
and then received one of the most
luminous expositions ever given to any
document. The first thing pointed out
n that exposition was that since the
adoption of the amendment the Ameri-
can had citizenship in two capacities
one citizenship of the United States.
the other citizenship of the State in
which he resided. In his character of
citizen OF his State the ordinary rishl.
and privileges OF the individual, such as
marrying executing deeds, buying and
selling goods are wholly under the pro-
lection OF his State. But in his character
of citizen of the United States he has
other privileges and imsnuni,ies that are
under ths protection of the United
States alone The court thus speaks
Of these:
But lest 1t should be said that no
such privileges and immunities are to
be found, if those we have been con-
.sidering are excluded, NE venture TO
suggest some which owe their exist
ence TO the Federal government. its
national character, its Constitution OF
SITS laws. One of these is we'll de-
yada, G Wallace. 36. 1t IS said to be
the right OF the citizen of this great
country. protected by the implied guar
antees of its Constitution, to come to
tho seat of government to assert any
claim The may have upon that govern.
nle,t. TO transact any business he may
have with 1t. to seek its protection. to
share its offices. TO engage in admins
tering Ats functions. He has the right
of free access TO dts seaports through
which All Operations OF foreign COM
merce are conducted. to the sub-treas-
uries, law offices and courts of justice
in the several States. And quoting
from the language Of Chief Justice
fancy in another case. 1t is said that
for all the great purposes for which
the Federal government was established.
we are one people with one common
country: I'VE are all citizens of the.
United States.'' g II IS hardly possible
Ito doubt that the icourt would have
added to these privileges and tmmuni-
ties OF Citizen Of the United States
the right to have the laws OF the United
States bear upon citizens OF the United
states wherever dwelling. In exactly the
same way sr ats attention had been
called thereto.
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