New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-03
PUERTO RICO'S TARIFF.
Continued frCm page one.

of and involve in their decision the question as
10 whether the Constitution. ex proprio vigore
ana independent of treaty stipulatiOns or Con-
Gress!onal legislation extends to territory coded
to any acquired by the United States
Third-That the weight of these authorities
sustalns the following propositions viz:
ta) That the United States may acquire terri
tory either under the treaty making and war
power OF the Constitution, or by virtue of its
general powers of sovereignty as a Nation in
which are included all the inherent powers OF
sovereignty both Of the United States as an in
dependent Nation and all the powers Of the
several States 4 Sovereigns.
CD The power 10 govern acquired territory re-
suits from the right to acquire and also from
the provision of Section 3. Article " Of the
Constitution, to wit; Power TO dispose Of and
make all needful rules and regulations respect
ing the territory and other property belonging
to the United States"
(c) That Congress has power to govern ac-
quired territory independent of the limitations
of the Constitution. but in cases where the ter
rtory has been acquired for the purposes of
Statehood. Congress would be subject to those
fundamental limitations in favor Of personal
rights which are formulated in the Constitution
and It's amendments but these limitations exist
rather by inference and the general spirit of the
constitution. from which Congress derives all its
powers than by any express and direct applica-
ton of It's provisions
I'D That Congress has power TO govern Puerto
Rico and the Philippines independent of the lin
itations Of the Constitution.
THE DEMOCRATIC CONSTRUCTION.
The minority report by Mr. Richardson says:
been defined by the Supreme Court of the United
States. The question was passed upon by Chief
Justice Marshall, of the Supreme Court. and he
undertook TO define what was meant by the term
as 1t was used in Section of Article I of the
Constitution.
Mr.. Richardson quotes from Justice Marshalrs
opinion in the of Loughborough against
Blake. D Wheat 600. in which it Is stated as to
the above clause OF the Constitution: This
grant is general without limitation as to place
II consequently extends to all places over which
the Government extends"
Continuing, Mr.. Richardson SAYS:
Does this term designate the whole or any
particular portion of the American empire? Ger
tainly this question can admit of but one an
SWer. II is the name given our great Repub-
he which Is composed of States and Territories.
Mr.. Richardson also refers to a similar ruling
by Chief Justice fancy in 10 Howard. 397. and
says no other construction has ever been given
by the Supreme Court. Many other cases are
cited in general harmony with this view and
Mr.. Richardson says:
1t follows therefore that the term United
States. as used in the section referred to, means
all the States and Territories of the United
states. The construction Of the term as given
above is in perfect harmony with the views OF
statesmen and jursts, and of the practice OF
our Government for more than hundred years
anu any other construction would work a reVo-
luton in our system of taxation. 1t will be OBJ
served the majority members of the sub-com-
mittee submit no opinion or decision Of the Su-
preme Court of the United States to sustain the
contention they make
VIEW OF MR.. NEWLANDS
Mr., Newlands also submitted a report in
which he said:
The government OF Puerto Rico and the Phil
ippines outside of the temporary military gov
eminent at present maintained and conducted
by the President as Commander In Chief Of the
he framed Of
United States and the question is whether the
congress has a free hand in all legislation re
Eating to such islands. and can exercise without
unit. all the powers of sovereignty. or whether
the constitutional limitations and prohibitions