The Afro-American advance., 1900-02-24
MccaIi's speech.

GeAhlAs Hfttth-
Mr.. Mccall tMassl. the only repub-
lican member Of the ways and means
committee to dissent from the ma.
jority report, followed in opposition
to the bill.
Mr.. Mccall said that he regretted greatly
that he could not agree with his colleagues
as to he pending Hill but he was com
pelled to dissent because II involved moth
ing less than the proposition that congress
In dealing with territories of the United
States had absolute power. unfettcred by
any Of the Limitations Of the constitution.
The question Is not: Does the constitution
govern Porto Rlcog but; Does II govern
use Can congress, which Is the creature
OF the constitution, do those things which
Il prohibts9
"If congress has the power to levy duties
over an area comprising territories. then
the rule OF uniformity applies to that same
area. This Is In accordance with the pri-
mary rules of construction. But the de
clsions of the supreme court put the matter
above question. John Marshall. as great a
Jurist a ever sat upon the bench. declared
In Loughborough VS. Blake that the rule
OF uniformity In the imposition OF duties
extended TO the territories.
"A third OF "A century after the Lough-
borough case the supreme court again,
when California became a territory, de-
cided that the rule OF Uniformity would ap-
ply to It. Here are two different decisions
generation apart, by our highest court
each rendered when the court was com.
posed Of entirely different Justices, spe.
cihealy holding that the rule OF uniformity
in imposts applies 10 territories. and those
decisions stand absolutely uncontradicted
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 territory
RepuEnant to Our Institutions.
III congress Is not bound by these liml
tations against taxing unequally. II IL no
bound by any Limitation upon its power II
The constitution. The case ia conclusive. sS
| FAR as judicial authority ls concerned, and
when we regard the circumstances out oi
which our government and the constitu
tion sprang, the words of the taxing power
the direct adjudication OF their meaning
the long line OF authorities which deny th'
existence of absolute power la congress. Il
is clear that the theory OF despotic powel
IL absolutely repugnant to our instltu
tions.
a Righteous Choice.
II think you are undu!y alarmed abou
| the effect OF extending the principle o
| constitutional liberty wherever our fal
floats, Hut / say that II we must give VI
either, constitutional liberty has been pre-
served 20 us at a price IN blood and treas
ure greater than the value of a thousan nc
| archipelagoA
~ say far wiser viii II be II instead o.
entering upon a policy which will mak'
her happy. sunny hearted children thi
mere ehattels OF this government we fol-
low the humane recommendation OF oul
president and lay the foundations OF oul
empire deep In the hearts Of those people
Agreement Almost Reached.
Washington. Feb. 49, Senator Aid
rich expressed the opinion at moor
that the republican conferees Of the
senate and house on the currency bill
would reach an agreement on the bill
during the afternoon session. lie de
clined to state the terms of the pros
pectiye compromise.