Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-06-15
DECISION ON PORTO RICO
JIDGE TOWNSEND HOLDS 1T is
FOREIGN TERRITORY.
<oDstitution' and Laws Do Not Ex-
tend to 1t Under Paris
Treaty.

The New York Tribune of today says
Judge William X. Townsend in the United
States district court for the southern dis
trict of New York, gave an important de-
csion yesterday affecting the standing OF
Porto Rico, in which he held that the treaty
of Paris was valid. and that while Porto
Rico was now United States territory, the
political standing of its inhabitants was
left by the treaty unchanged until Con,
gress should determine it.
On June 6. 1899. John II. Goethe & Co
imported from Porto Rico into the port OF
New York 100 bales of leaf or filler tobacco
upon which duty was assessed at 80 cents
a pound in accordance with the Dingley
law The importer protested, declaring that
the merchandise was not subject TO duty
because Porto Rico not a foreign coun-
try. and the imposition of duties on goods
brought from u place within the territory
of the United States into port of the
United States not lawful and valid
under the Constitution. Judge Townsend
sustained the assessment and said in part
Before the with Spain Porto Rico
was a foreign country. 1t did not cease to
be a foreign country when it occupied
by the military forces of the United States.
The conquest of Porto Rico under authority
of the executive made it ours by military
title. But the Presidents conquests do not
enlarge the boundaries of this Union nor
extend the operation of our institutions
TO them by the legislative power. Our
boundaries could not be regulated by the
varying incidents of war and be enlarged or
diminished the armies on either side ad-
vanced or retreated.
The conquest of Porto Rico did not in
corporate the island within the United
States In all previous cessions of territory
there has been special provision in the
treaty for Incorporating the inhabitants
within the United States In the treaty of
Paris, which went into Eject Apri! II. 1899.
there is no stipulation for the incorporation
of the inhabitants within the Union, as
there has always been in prior treaties
Before cession. under conquest, Porto Rico
was part of the United States as to for
eign nations: the de facto title to the soil
was In the United States. but its inhabit-
ants were foreigners to the Constitution,
and the provision for uniformity of duties
had no application there. By cession the
title became de re, but in the status of the
islanders as foreigners, and so in the status
of Porto Rico as 4 foreign country. no
Change was to be made until Congress
should determine its character. The treaty
vests the sovereignty over the island in
the United States, but pOStpones changes in
the relations of its people, and its reia-
tons to the body polite. until Congress
shall determine what relations shall be best
suited TO the conditions of the inha bitants
and to the welfare Of the United States.
Since Congress at the time of this inporta-
ton had not performed this condition of in
corporation the status Of Porto Rico, eX-
SSpl IT'S 10 tlutT remains uU-
changed.
The sphere of application of the Constitu-
ton Is determined. not by considerations of
title 10 land. but by recognition of the
status of its inhabitants. This is done either
by an incorporation of the inhabitants into
the Union or by an extension of our laws
and institutions throughout the territory.
This cannot be done by conquest, but only
by legislation or treaty.
Twice before in our history have we
found it necessary to qualify and postpone
complete Incorporation into the Union. 1t
would be a narrow construction of the Con-
stltution which in such a case would find
in some underlying principle a veto upon
an attempt to act for the highest interest
of our nation and the people intrusted to
Ats care
arms length would he to thwart the inten-
tion TO make the United States an unfet-
tered sovereign in foreign affairs. for if
We wage war successfully must some
time become. as many think we are now.
charged with territory which il would be
the greatest folly To incorporate at once
into our union, making our laws its laws
ana us citizens our citizens. our taxes Its
taxes, and which, on the other hand inter-
national considerations and the sense of our
RESPONSIBILITY to its inhabitants may forbid
- TO abandon. Any construction of the
Constitution would limit our sovereign
power, would force into dilemma be-
tween violating our duty to other nations
and TO the people under our care, on the
selves on the other. That construction
would IN such case inperil the honorable
existence of our republic. 1t could not have
been intended by those who framed our
Constitution.
There has been found, then, no reason,
either on principle authority, why the
United States Should not accept sovereign
ty over territory without admitting il as an
integral part of the Union or making II
bear the burden of the taxation uniform
throughout the nation To deny this power
is TO deny to this nation important at
tribute of sovereignty.
The intent of the Constitution is to make
the federal government full sovereign,
with powers equal to those Of other ma
Jicns in its dealings for the states in for
elcn affairs If the United States has this
power. and we have found no reason to
deny il, the treaty Of Paris IS constitutional
II is unnecessary to determine what linlita-
lions may control US in governing such ter
rltorieS. 1t is sufficient that We have the
power to govern them without subjecting
them TO the burden of our national taxa
ton. There is. then. no ground for de-
clarins Unconstitutional the treaty of ces-
S..n, which accepts sovereignty on the
Condition that the status of the coded ter
ritory as q foreign country shall be pre-
Served as it was until Congress shall de-
termine il. The treaty of Paris. then. Is
valid. 1t left the political status Of the in
h3bitants of Porto Rico unchanged. The
status At the time of the ccssion was as
declared by the Supreme Court that OF
inhabitants of foreign country regards
the Constitution of the United States and
within the meaning of the tariff acts The
treaty of cesson did not change that
status. And Congress has not acted al
the time OF this importation. Porto Rico Is
stil 4 foreign country in the sense of the
tariff law, and duties were lawfully as
sessed on the articles imported therefrom.