The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-02

New Territory and the Constitution

New Territory and the Constitution.
The Republican members Of the house
committee on ways and means In taxi
ing up the question Of tariff laws for
Puerto Rico and other recently acquired
territory. have been called upon TO pass.
tentatively. upon the question whether
such territory comes within the mean
ing OF the constitutional provision that
"all duties imposts and excuses shall
be uniform throughout the United
the matter, OF course. lies with the
supreme court OF the United States.
but It seems clear that In holding that
the new territory does not come within
those provisions. the committee has
correctly interpreted the constitution.
In some respects this question Is the
most important which has pressed
upon this country in the present gen.
Grafton. 1t involves the whole matter
OF the power OF the United States over
the newly acquired possessions, and
mahy important points on which the
supreme court has never yet been called
upon to pass directly.
The constitution OF the United states
Is. In its origin. a compact between
previously existing and originally indie
pendent and sovereign states The
original articles OF confederation were
no more than the present arrangement
existing between the Transvaal and the
orange Free State--a league for mutual
defense. on the following terms "The
said states hereby severaily enter into a
firm league OF friendship with each
other for their common defense. the se-
ourity OF their liberties. and their mu-
tual and general welfare binding them
selves to assist each other against all
force offered 10 and attacks made upon
them. or either Of them, on account of
religion, sovereignty, trade or any other
pretense whatever" The present con-
stitution Is the expansion OF the original
articles OF confederation. rendered
necessary by the weak places shown TO
exist IN them, the fundamental point OF
difference being that the several states.
IN entering into II, parted with an essen
tlal part Of the sovereign powers which
they had Heretofore had and exercised
which powers passed 20 the federal gov
eminent The new constitution. like
the old articles OF confederation, was a
compact between existing states, and
its avowed purpose ana object was 20
accurately define The powers and linz
i,stions OF the new federal government
and OF the states themselves The is
sees presented aud discussed In the con
stltutional convention and In the de-
bates witch preceded the Anal adop-
ton OF the constitution by the several
states had TO do solely with the dlvl.
sion ~ powers 80 made. Nowhere is Il
intimased that the constitution had any
bearing upon any territory TO be ac-
aulred In the future. although such &C
QUESTION is anticipated In the two pro-
visions that new states may be
admitted by the congress into the
union." and that the congress shall
have power to dispose Of and make all
nsedfal rules and regulations respecting
the territory and other property Of the
United States
Tha, the federal government. as 4
soverelsn power. with authority 20 de.
clare war and make treaties has the
power TO acquire territory IS no longer
a question. that power has been exer-
cised since the earliest days n the re.
public, That Il has the right 90 govern
such territory Is equally beyond Ques.
tlcn: that power has been eN relsea In
great variety OF ways from the purely
military government original estAb.
ilshed for louisiana down 60 The oral.
nary territorial form % 81, srnment
which has been in existence 10 New
Aexieo aimee l,s acquisition from Mex