The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-03
PORTO RIco's STATUS.
Court Holds That Constitution Does
Not Follow Flag.

NEW YORK, June 1l.-Ju~ge William
+. Townsend, in the United States Dis
trict Court OF the Southern district OF
New York, today handed down an opin-
ion in the case OF John Fl. Goetz & Co.
versus the United States, in which he
declared the treaty of Paris valid and
that the status of the people of Porto
Rico is that of inhabitants OF a foreign
country. as regards the Constitution of
the United States, and within the mean
lag of the tariff acts. Judge Townsend
held that Porto Rico is a part of the
United States so far as other countries
are concerned. but so far as the Consti-
tuition Of this country is concerned is a
foreign country and that the United
States can govern 1t without subjecting
IL to the burden of national taxation and
that the status of The inhabitants will
remain unchanged until Congress shan
determine IL.
The decision of Judge Townsend af-
firms the decision OF the Board Of Gen
eral Appraisers assessing a duty of 81
cents per pound on 100 bales of leaf or
filler tobacco. Judge Townsend said:
Before the war with Spain, Porto
Rico was a foreign country. 1t did not
cease To be foreign country when il was
occupied by the military forces of the
I 0HiAtu OldlCS.
THE conquest of Porto Rico under au-
thority OF the executive made it ours by
military title. But the Presidents con-
quests do not enlarge the boundaries OF
/ this Union. nor extend the operation al
I our Institutions and laws beyond the
limits before assigned TO. them by the leg
islative power. Our boundaries could
not be regulated by the varying Incl
( dents OF war and be enlarged or dimin
ished as the armies on either side ad
vanced or retreated. In this sense there
I fore, our constitutional boundaries Il,
not follow the flag"
Judge Townsend said this could only ~
done by the treaty making power or legis
! lative authority.
''The conquest of Porto Rico did not in
corporate the island within the Unite,
States. Did the treaty of cession accom-
plish that result? What action on the par
OF the treaty-msking power Is essentia
to effect a complete Incorporation of new
territory. and whether this result can h.
accomplished at all without supplement
tary legislation, is by no means settled
Judge Townsend then discussed tn
treaty of cession of Louisiana. a specia
provision admitting the citizens of Louis
lana to citizenship was incorporated Il
the treaty. The same was Incorporated Il
the treaty of cession Of Florida TIL
treaty OF cession Of California was ais
tAnoo4 aN'AS AlSChSst4 anu also mat
Alaska.
Thus We see" said Judge Townsend
that in all previous cessio1s of territor
there has been a special provision in tn
treaty for Incorporating the inhabitant
within the United States"
Judge Townsend then discussed IN
treaty of Paris. which went into efec
April II. 1899. he said: There is no stir
ulation for the Incorporation Of the II
habitants within the Union as there ha
always been in prior treaties. On n
contrary, their civil rights and polite.
status shall be determined by Congress
Spaniards who renounce their allegianc
have the same status as natives. BefoI
cession. under conquest. Porto Rico ws
a part Of the United States as to foreig
nations; the defacto title 10 the soil va
in the United States, but it's inhabitaa Al
were foreigners TO tho Constitution su
the provision for uniformity Of duties hs
no application there
BY cession, the title became de iur
but In the status OF the islanders as 10,
eisners, and SO in the status of Port
Rico as a foreign country, no chans
: was to be made until Congress should a
termine Its character. The treaty yes
the sovereignty over the island in II
United States, but postpones changes
the relation OF Its people and its relation