New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-21
CAMPAIGN COM MENT.
TRIBUNE READERS DISCUSS
THE POLITICAL ISSUES.
THE CALIFORNIA PRECEDENT.
QUESTION OF EXTENSION OF coNsTITu-
TON AND LAWS OF UNITED STATES
OVER ACQUIRED TERRITORY
SETTLED IN 1852.

SCI AI4~D ~ 1SN-'
To the Editor of The Tribune
Sir: Much controversy has arisen since the rat-
cation OF the treaty with Spain in relation to the
Constitution and laws Of the United States eN-
tending. proprlo vigore, over the territory aC-
CURED under that treaty. The remarks OF eX-Fres-
dent Harrison in the interview Of yesterday re-
calls subject of this controversy 10 my atten-
Ton In this mornings Tribune and other morn
ing papers ne is reported saying 4 reSardeo Ihe
Porto Rco) bill as a grave departure from rish.
principles. / still think / do not believe 'haI
The legislative power of Congress in the Territories
is absolute, and I do believe that the revenue
clause. relating TO duties and imports applies 10
Porto Rico. These views. know, are not held by
able lawyers. 1t is a legal ouestion-one that the
political departments of the Government cannot
finally adtudge. The final and controlling Woro
upon this question is with the Supreme Court or
the United States Cases involving the question
are. understand, pending, and decision IN whlch
must all acouiesce cannot be long deferred
had supposed that this question Of the extension
Of the Constitution and laws Of Congress over con-
quered territory had been adjudicated in 1867 Inc
Army Of the United States in the war with Mexico
took possession Of upper California and occupied 1t
as conquered territory military and civil gov
ernmeut was formed and a Collector of the Port
of San Francisco appointed by the Military
Governor OF that Territory, and was authorized 10
collect duties and tonnage dues for the support OF
such government and Of the Army. man by
the name OF Harrison was appointed collector of
the port and such collector, under the appoint
rnent he imposed duties and tonnage dues, both
before and after the treaty OF peace with Mexico,
on tnportat tons into San Francisco The duties on
imports after peace had been declared were objected
10 by firm residing in the city of New-York. which
entered a protest Some three years afterward
Congress organized a government for California.
end extended the Constitution and laws to that
Territory; theFeupOn Mr.. Harrison was superseded
as collector Of the port. He returned to the city
Of New-York whereupon the firm which had pro-
f,TnYse crIit
against him in the Circuit Court OF the United
States recover the duties the frm mad beeh com
Supreme Court OF the United States against the
plaintiffs. The decision may be found IN Congress
VS. HarT1s2nf lS Howard h4' Inc sSli4OuS u '"0
In the war With Mexico the port Of San Fran
cisco was conquered BY the arms Of the United
fT1ited States had military possession Of all
Spper California Early in 1877 the President of the
United States. constitutional Commander in
sary forces in California to exercise beliigerent
rights Of ccnqueroT. and TO form civil and
with power 10 impose duties on imports and ton
the Army, which had the conquest In possession.
The formation OF the civil government In Cali
Of beiiigerent righs over a conquered territory
II Was the existing government when the territory
0ence Of the restoration OF peace; and was right
II continued after peace made with Mexico
until Congress Iegisated otherwise. under its con-
SIl rules and regulations respecting the territory
or other properly belonging TO the United
THE tonnage dues and duties upon foreign goods
imported into San Francisco were legally demanded
and lawfully collected by The Civil Governor while
the continued, and afterward. from the ratih-
cation OF the treaty of peace until the revenue
system Of the United States was put into practical
operation IN California, under the act of Congress
passed for that purpose"
This decision, # seems to me, will constitute
precedent which the Supreme Court Of the United
States win be quite likely to follow in regard to
the question mentioned by ex-President Harrison,
and as TO the qqestions IN regard to the extension
OF the Constitution and laws OF the United States
recently acquired territory without the
aid of Congressional legislation.
New-york, Oct. u. 1870. JOHN 4. GROW.