Arizona silver belt., 1900-04-19
ABLE OPINION. Porto Rican Tariff is Unten able as a matter
 of Law.
rX.SENATOR EDMOND'S VIEWS
|, still Less Defensible Viewed in the Light of Principles of Liberty, Justice and Equality
 of Rights.

one of the ablest constitutional law ycrs in the United States. His views | upon the consttutionality of the Porto 1 Rican tariff, contained in his letter to | senator Pro, tor and incorporated by Ine senator in his speech in opposition Iuthat measure, will interest lawyers who appreciate the high standing of Mr.. Edmunds in their profession. 1t will also be convincing evidence to the great mass of the American peo- p.r that the Porto Rican bill IS uncon- >tItutional as we'll as immoral;
 Philadelphia, Pa. March 2l, l900 My Dear Sir: have yours of the 2Oth instant, and, both as an American citizen and an original and constant republican, am very glad to learn that you are opposed to legislation having the effect of imposing on the people of Porto Rlco whether we call them citizens or subjects of the United states any kind of revenue burden or benefit that is not common to the whole people of the United States. Any such measure, ii enacted, will, I believe, be unique in our whole history. It will initiate and parallel the acts of N the British Parliament which forced our fathers to just resistance and rev0- mtiOn. and led them to establish a constitution which in studied and ey plicit terms forbade any such dscrimi nation.
 know there are many gentlemen engaged in public affairs whose intel X ligence and patriotism are above ques- ton who believe that our constitution does not embrace the territOrles, and that as to them the president and con gress possess the same omnipotent powers that the British crown and parliament have always possessed over their possessions. While I think that law, believe the proposed action is still less defensible viewed in the light of those principles of liberty, justice and equality of rights we all profess to believe in, and which, whether we believe in and practice or not, are still living and will live and bear fruits more and more among men, in spite of all the tyrants- well meaning or other wise-in the world.
 need not weary you by referring to the often stated arguments on the general subject, but l will mention one aspect of which, so far as I have noticed. has not been particularly ad- yerted to. Congress is the creature of the constitution and not the reverse. 4 law passed by congress is its creaton, mere expression of it's will, which IL may repeal or change at pleasure. If, therefore assuming that the constitu- tiOn does not exist in Porto Rico,l congress were to enact a statute de- claring that the present constitution shall be extended over and be in force in that island, the constitution gets Its only force there by the virtue of the statute. It is statutory consti- tuition and nothing else, and a repeal of the statute would extinguish it.
 But the constitution as such, l sup pose all admit Is not subject to the control of congress, either to enlarge or diminish to expand or contract, or to be applied to or withdrawn, from any people or place. It is not a nov able thing like the ark of the cove of tho Ioraalitao tn ha ce.t nt md moved here Oe there, as the tribes might wander. It is the actual event and condition and not the legislative or executive will that must in the na- ture of things determine the status of a man or a country under it.
 The instances in which congress has declared in statutes organizing terri tories that the constitution and laws dence that they were not already there, for congress and all Legislative bodies have often made enactment, that in effect merely declared existing Jaw. In such cases they declare pre- fAlsting truth to ease the doubts 0 fasuists. Porto Rico and it's people fame under the sovereignty of th'
 nited States by force of the treat, with Spain, and think all will agre' fhat if any part of the people of thu Island levied war against the United Ntates or adhered to our enemies, etc. hey would be guilty of treason. Bu reason is an exclusively defined con Fututional crime, and it cannot exis pn the island unless the constitution hat defines it is in force there.
 Apart, however, from consideration pr fundamental equal law for all wh owe allegiance to our flag of libert md justice, there are, it seems to me Pther very weighty and commandin
 easons why we should treat the pee
 le of Porto Rico on the basis of abst
 lte civil equality of right and circun
 (ance with citizens of our states an
 pme territories, and in doing so, i