New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-15
DECISION ON PORTO RICO.
JUDGE TOWNSEND HOLDS THAT ITS
INHABITANTS ARE ALIENS.
CONSTITUTION AND LAWS DO NOT EXTEND
TO THEM UNDER PARIS TREATY
WHICH THE COURT UPHoLDs

Judge William X Townsend in the United
States District Court for the Southern District
OF New-York. gave important decision yes
terday affecting the standing of Porto Rico, in
which he held that the Treaty of Paris was
valid, and that. while Porto Rico was now
United States territory the political standing of
its inhabitants was left by the treaty unchanged
until Congress should determine it.
on June o. 1899. John H. Goetze & Co. i'm
ported from Porto Rico into the Port OF New
York 100 bales of leaf or filler tobacco upon
which duty assessed at 80 cents a pound in
accordance with the Dingley law. The importer
protested declaring that the merchandise was
not subject to duty. because Porto Rico was not
a foreign country, and the imposition of duties
on goods brought from place within the terri
tory of the United States into a port of the
United States was not lawful and valid under
the Constitution. Judge Townsend sustained the
assessment and said in part:
b Before the war with Spain Porto Rico for
Try when it was occupied by the military forces Of
the United States. The conquest of Porto Rico
military title But the Presidents conquests do
tend th tne o 6ouFdares m OF this Union nor ex
yond the limits before assigned them by the
regulated by the varying incidents of war and be
einiarged id or diminished as the armies on either
IT The conquest of Porto Rico did not incorporate
vlous cessions of territory there has been a spe-
G1 provision in the treaty for incorporating the
ae Taaeeay OF Paris. which went into effect April H.
6a 6as tne inhabitants @ within the Union as there
sion nSsE oeen IN p5ior treaties Before ces
the the United States as foreign nations; the de
af' bt its i % ahe soil was in the United
tuition, and the provision for uniformity of duties
came de jure. but in the status of the islanders
as as foreigners and so in the status of Porto Rico
until Congress should determine its Character The
IlSns OF ITS people. and its relations the body
tl3ns shall be best suited the conditions of the
States Since Congress at the time Of tbs se
non r mad not performed this condition of incor
other nations remains unchanged.
The sphere & of application Of the Constitution is
but by recognition of the status OF its inhabi-
the inhabitants into the Union or by an exten-
sion OF our laws and institutions throughout the
only by legislation or treaty.
Twice before in our history have we found 1T
poration into the Union. 1t world be narrow
would find in underlying principle a veto upon
an an attempt to act for the highest interest of
To deny this power to govern territory arms
egn AFFAIRS for, If we wage war successfully.
now. charged with territory which it would be
non making our 70 s al and it's ezon on
our citizens. our taxes its taxes and which on ths
other hand. nterna tional considerations and the
sense of our responsibility its inhabitants may
forbid US to abandon. Any construction of the
force us into dilemma between violating duty
TO other nations and to the people under care.
on the one hand. and violating duty TO
selves the other. That construction would in
Republic 1t could not have been intended by those
who framed our Constitution.
There has been found then, reason, either
principle or authority. why the United States
should not accept sovereignty territory with
out admitting 1t integral part of the Union
form throug hout the Nation. To deny this power
is 20 deny to this Nation an important attribute
OF sovereignty.
The intent of the Constitution is make the
equal those of other nations in its dealings for
the States in foreign affairs If the United States
has this power. and have found reason to
deny it, the Treaty of Paris is constitutional 1t IS
unnecessary determine what limitations may
control in governing such territories. II is su
without subjecting them to the burden OF our Ma
tionaI taxation. There is then. ground for de-
caring unconstitutional the Treaty OF Cession
which accepts sovereignty the condition that the
status of the ceded territory as foreign country
shall be preserved il until Congress shall
determine ii. The Treaty of Paris, then, is valid
1t left the political status OF the inhabitants of
Porto Rico unchanged. The status at the time OF
the cession was as declared by the Supreme Court
that of inhabitants of foreign country as regards
the meaning OF the tariff acts. The Treaty or
Cession did not change that status. And as Con-
gress has acted at the time OF this importa-
ton Porto Rico is still foreign country in the
sense of the Tariff law. and duties were lawfully
assessed the articles imported therefrom