Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1900-03-01

dissent because 1t involved nothing les,
than the proposition that congress In
dealing with the territories OF fin.
United States had absolute power In.
fettered By any limitations of the con.
stitution Our revolution" he said
was based on the idea that one com.
munity had no right TO permanent
levy taxes upon another commnnitv
and the prime motive which led To tho
establishment of the constitution vas
the desire to do away with barriers nm
on trade. which were set up on tbe
frontiers of each state, SO that trade
might be freely carried on throughou.
the dominion of the United States Az
our government is not a simple ana
elementary government but one O,
limited powers and under a written
constitution, the power TO tax and ere.
ate barriers within our dominion
against trade should. in view OF orr
history before the adoption of the con
stitution, be most strictly construed
The power of taxation and the meth.
cd OF its exercise are conferred in the
same clause. If congress has power Ia
levy duties over the area COMPRISING
the territories, then the rule of uul.
formity applies to that same area Thi,
is in accordance with the primary rules
of construction. But the decisions of
the supreme court put the matter above
question. John Marshall, as great 4
jurist as ever sat upon the bench. do
clared in the case of Loughborough vs.
Blake that the rule of uniformity in
the Imposition of duties extended to the
territories. The fantastic theory which
has been discovered by some modern
jurists within eighteen months holds
that this opinion of Marshalls was q
mere dictum, and that the District OF
Columbia, in regard TO which the deci-
sion was rendered, got under the con.
stitution by some process which made
it different from mere territory. A third
Of a century after the Tough borough
case the supreme court again when
California became a territory decided
that the rule of uniformity would an
ply TO it. Here are two different q Ell
sions, generation apart. by our high
est court, each rendered when the
court was composed of entirely differ
ent justices, specifically holding that
the rule OF uniformity in imposts ap-
plies TO territories and those decisions
stand absolutely uncontradcted And
yet in the face of those decisions We
who have taken an oath to protect and
defend the constitution, are asked to
levy duties against an American terri
tory. If congress is not bound by these
limitations against taxing unequaily. Ii
is not bound by any limitation upon
its power in the constitution The case
IL conclusive so far as judicial author
ity is concerned and when we regard
the circumstances out Of what our gov
eminent and constitution sprang. the
words OF the taxing power and direc,
adjudication OF their meaning. a long
line of authorities which deny the ey-
istence of absolute power in congress
1t is clear that the theory of despot.
power is absolutely repugnant to our
institutions But we are asked to pass
this bill because somebody has called
in question our constitutional right q
do 1t. But If You are going to pass un-
Just measures merely 70 show your
strength why not begin by shearing
your wolves, New Mexico. Arizona. ami
Alaska, instead Of shearng this poor
little pet lamb OF Porto Rico? We
have had one decision of the supreme
court rendered in times OF great polt-
ical distress, that the black man had
no rights which the white man was
bound to respect and this country was
deluged with blood to wash that dec
sion from our laws. Now we are askei
10 lay the foundation for a moot case
with the weight Of congress behind
and ask for another decision that rba
white man ana brown man OF Porto
Rico are merely our Chattels and that
the cOmmOneSt constitutional right
cured TO the men that tread our SOL
does not belong to them although they
are under our flag We impose by ,ai
bill certain per cent of duties upon
goods passing to and fro. between that
island and this country How long will
it be before some powerful interest
viii demand that they be recognized
Representatives OF these interests vo's
and elect members Of congress Pore
Ricans do not vote, they are mere.
our subjects Can there be any dola
that the tax 70 be levied viii be mor
and more for the benefit of great inter.
ests in this country and the hapI@
people that were told by our genera.
that they were to receive the gloroJ
blessings Of American liberty, Ta
crowned our soldiers with wreatas "
become the victims of extortion rath
than sharers in our freedom M
Moody rep, Mass spoke 10 favor
the bill Mr.. Parker rep n J + mals
q legal argument in support of the f--