Amador ledger., 1900-03-23
UNITED STATE" DEFINED
The Term As Applied to Our
New Possessions.
DOES II DESIGNATE THE WHOLE OR JUST apart?
Majority and Minority Reports to the
Ways and Means Committee
Have Been Made.

l. Reports were received from the sub
committee which has considered the
meaning of the term 'United States''
as applicable to Puerto Rico, the
Philippines and other new possessions.
These reports were received with great
interest, and were regarded as deter
mining a most important line of policy
by those in authority. The majority
report, by Mr.. Dalzell, of Pennsyl-
vania; Mr.. Hopkins, of Illinois, and
Mr.. Grosvenor, of Ohio, was as fol-
lows:
Your committee is of the opinion:
First-That the term ''UnitedStates"
in that provision of the Constitution
which declares that ''all duties, i'm
posts and eXcises shall be uniform
throughout the United States" means,
and is confined to the States that con-
stitute the Federal Union, and does
not cover also the territory belonging
to the United States.
Second-That the authorities treat
ing of this question and decisive of it
are those that treat of and involve in
their decision the question as to
whether the Constitution, ex proprio
vigore and independent of treaty stip-
ulations or Congressional legislation,
extends to territory ceded to any ac-
quired by the United States.
Third-That the weight of these
authorities sllstains the following prop
positions, viz:
(a) That the United States may ac-
quire territory either under the treaty
making and war power of the Con-
stitution, or by virtue of its general
powers of sovereignty as nation, in
which are included all the inherent
powers of sovereignty both of the
United States as an Independent nation
and all the powers of the several
States as sovereigns.
(b) The power to govern acquired
territory results from the right to ac-
Section 3, Article " of the Consti-
tuition, to-wlt: Power to dispose of
and make all needful rules and regu-
lations respecting the territory and
other property belonging to the United
States. "
(c) That Congress has power to gov
ern acquired territory Independent of
the limitations of the Constitution, but
in cases where the territory has been
acquired for the purposes of State
hood. Congress would be subject to
those fundamental limitations in favor
of personal rights which are formu-
lated in the Constitution and its amend
ments; 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 application
of its provisions.
(d) That Congress has power to gov
ern Puerto Rico and the Philippines
independent of the limitations of the
Constitution.
The minority report by Mr.. Rich
ardson says:
The meaning of the term Omitted
States" has been defined by the Su-
preme 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 it was
used Section of Article of the Con-
stitution.
Mr.. Richardson quotes from Justice
Marshal's opinion in the case of
LQughborough against Blake, 5
Wheat, $50, In which it is stated as
to the above clause of the Constitu-
tion: "This grant is general, without
limitation as to place. 1t 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 Amer
lean empire? Certainly this question
can admit of but one answer. 1t is
the name given to our great republic,
which is composed of States and Ter
ritories.
Mr.. Richardson also refers to SIM
liar ruling by Chief Justice Taney in
10 Howard, 397, and says no other con-
struction 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 jurists, and of
the practice of our government for
more than hundred years. and any
other construction would work a revo-
luton in our system of taxation. 1t
will be observed the majority members
of the subcommittee submit no opin-
ion or decision of. the Supreme Court
of the United States to sustain the
contention they make.
| Mr.. Newlands also submitted a re-
port.-N. Y. Tribune.
|