The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-08
Old. OLD QUESTION
Is That of the Meaning of
United States"
ITS SOLUTION is VITAL
In the Solving of Pending
lnsular Problems.
rs SOLUTION is VITAL

| Especial Correspondence of the Eagle.)
Washington, Feb. 7.-At the time of the
| organization of house committees it was
expected that the committee of ways and
means for this session would be second
| airy to that Of insular affairs in impor-
| lance. Recent developments have proven
| that this will not be true. The commit
tee Of ways and means will remain the
| leading committee of the house It ali
comes up over the bill by Mr.. Payne to
extend the custom laws of the United
States over Puerto Rico. This brings into
prominence constitutional question that
has slumbered for a half century, and
makes it the gravest and deepest ques-
ton OF the hour-a question as to what
is the meaning of the United States
The constitution says that duties, i'm
posts and excuses shall be uniform
throughout the United States If the
term United States means all territory
which this country possesses, then the
tariff laws must perfOrce be the same in
Purto Rico as in the Kansas. If not,
then it Is the duty and privilege of con-
gress to make legislation that will apply
The contention of the Democratic party
is that the moment we assumed possess
sion and ownership of Puerto Rico, the
constitution became self-operative as to
this island-becaIne the supreme law of
the island. The Republican contention is
that there is a distinction between the
and used. and United States as meant
by the constitution On the solution of
this question depends. practically, the re-
tention of the Philippines, and the com
mittee of ways and means, by strict
party vote, has already decided in favor
of the Republican contention. According
to the Republican theory and along the
lines indicated by the Republican ma
jority of the committee of ways and
means, the term United States means
the oniginaTthirteen states, which existed
when the constitution was ratified, and
those states not territories, which have
come into the union since that time. This,
they claim, does not apply to morgan
lied territories or possessions which are
not states.
The question goes back to the latter
'4Vs and early sos, when those constitu-
tionaI giants, Webster on the one side |
and Calhoun on theother, waged their
war in the senate on a question Identical
with the one now before congress in the |
point invofved-"what is the meaning of |
United StateS?'" 1t came up over the |
Louisiana and Oregon questions. Laterd
the Missouri compromise was re-opened. |
This MEASURE provided that territory |
north of Mason and Dixon's line should |
be free soil. Seeing all the good territory |
in the month coming to be organized as
territories, and prospective states, and |
realizing that they were getting further |
away all the time on slave representa-
ton and control in the senate. the Demo
Gratis raised the point of the unconstitu-
tionality Of the Missouri compromise.
They claimed that it was Unconstitutional
because the moment these possessions
came into the United States CONTROL the
became eelf-operative and
spread itself to these territories as their
law. Then, since the constitu-
ton, recognizing as it did the right to
hold slave property, there could be no
restriction or abridgnent of slavery in
the territories. Liter came the DRIED
Scott decision. This was test case 1t
held that the Missouri compromise. was
And the Democrats of
today in their contentious are standingA
upon the Dfed Scott decision
the Question Of Imperialism comes in
to a considerable extent lThe advocates
Of extra constitutionality contend that
men who declare it Ernpoesible for the
United States to hold or govern territory
belonging to the union but not In any
way participating in it's government or
enjoying any manner of self-government
while imagining that they are following
in the footsteps of the founders of the
government yet by their whole outcry
oppose the meaning OF the constitution
The one sentence in the constitution,
(they say) which should show conclusive
~ that there is a right given congress to
legislate for territories and other posses
sions and which should also show that
the constitution therefore does not be-
come self-operative the moment these
possessions are acquired is found in the
following Tho congress shall have
power 10 dispose Of and make all need
full rules and regulations respecting the
territory or other property belonging to
the United States" This is a part Of
article 4, section 4, of the constitution. 1t
is not part of any amendment to the
Yet at the time Of the
adoption. this country embraced vast
Northwest Territory. Over all this region,
with all its inhabitants of whatever race
or color, absolute power Of government
was given to congress.
A bill has been reported by the CON-
mittee of ways and means as a substi-
tute for the Payne bill. extending the
custom laws OF the United States TO
Puerto Rico. This substitute provides
that merchandise coming into the United
States shall be entered at the several
ports o nthe payment Of D per cent Of the
duties which are required on merchandise
from foreign countries. IN other words.
the duties on merchandise TO and from
Puerto Rico on the part OF the United
States shan be = Per cent Of the Dingley
law duties. The bill also provides that
duties paid on merchandise imported into
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