The evening times., 1900-09-27

Politicians in Washington declare that
the Porto Rican issue Is being kept well
TO the front. 1t is pointed out that the
Porto Rico act and the instructions of tae
President to the Taft Commission both as
sumo that the Constitution of the United
States is not in force in the territory be-
longing to the United States and that
neither Congress ror the President In
dealing with Porto Rico and the Philip
pine Islands, is subject to the restraints
of the Constitution upon executive and Les
isiatiye action.
The Porto Rico act violates the rule of
uniformity as TO taxation required by Seo-
tion 8 of Article I of the Constitution, and
the Presidents instructions to the Taft
Commission ignores the existence of the
Constitution and proceeds upon the as
sumption that the President is limited by
his own discretion only in dealing with
cur new possessions.
It has already been shown that the Su-
preme Court of the United States has pro-
nounced against this doctrine in every
opinion which that court has announced
from the foundation of our Government TO
the present time. 1t now remains to as
"a
Congress as to whether or not the Coz stI-
tuition is in force in the Territories,
The ordinance of 1887 for the govern
nent OF the Northwestern Territory was
passed by the Continental Congress prior
TO the adoption Of the Constitution of the
United States. The provisions OF that
ordinance were in conflict with the Con-
stitution in reference TO The appointment
OF the officers of the territory. Nowhere
in the Constitution is the Northwestern
territory, as such, mentioned. Congress
at its first session under the Constitution
assumed that the Constitution, after its
adoption, was II force in that territory,
and proceeded to Iegislate in reference to
it upon that assumption.
At the first session OF the First Con-
Eress. August Z, 1882, Congress passed
the following act:
AN Act to Provide for the Government
Of the Territory Northwest OF the RiT CT
Ohio:
Whereas, in order that the ordinance
of tthe United States in Congress assem-
bled for the Government OF thl territory
northwest Of the River Ohio may con-
tinue TO have full effect. it is requisite
that certain provisions should be made 50
as TO adapt the same to the present Con-
stitutiCn Of the United States.
Section l. Be it enacted by the Senate
ted States of America in Congress ass en-
bled TEat IN all cases in which by the
said ordinance any information is to be
given or communication made by the Gov
ernor OF said territory to the United
States IN Congress assembled, CT by any
OF their officers, il shall be the duty OF
said Governor TO give such information
and TO make such communication to the
President OF the United States, and the
h. =
with the advice and consent Of the Senate,
shall appoint all officers which by said
ordinance were to have been appointed by
the United States III Congress assembled,
and all Cfficers 50 appointed shall be com
missicned By him, and in all cases where
the United States in Congress assembled
might by the said ordinance revoke any
commission or remove from any Office, the
President is hereby declared to have the
same power OF revocation and removal.
Section .. md it is further enacted
that in case OF the death. removal
resignation, or necessary absence Of the
Governor OF said Territory. the Secre-
tary thereof shall be ard he is hereby
authorized and acquired i execute all
the powers and perform al the Cuies of
the Governor during the YacaLcy coca
stoned by the removal, resignation, or
necessary absence CT said Cove! nor
This act was approved and signed by
George Washington. who was tn Psss-
ident. and who WIS also president of
the convention which framed tie Con-
stitution.
This act. it is said. is CT great impor-
tance at this time. and sheds a food Of
light upon the great question now b.
fore the American people. Many MEM
bers of the first Congress were memters
of the Constitutional Convention;
among others. Robert Morris Of Pennsyl-
vania, Rufus King Of Massachusetts,, and
John Langdon OF New Hampshire were
Senators. and Roger Sherman CT Con-
nectiCut and James Madison of Virginia
were members OF the House of Repre-
sentatiyes The Constitution had iCs
been ratified by the number OF States
requisite fUI its adoption. 1t had Ie-
ceived exhaustive discussion in the pub
lie press, and all our statesmen were
familiar with its provisions A con
stTuction by the first Congress at S
first session upon the question as to the
Constitution extending to the Northwest
Territory ex proprio vigOre is OF control
ling force. The act above quoted is the
first expression OF Congress On tLc sub
ject.
The fathers who made the Constitution
and who may be presumed to have Gn-
derstood its provisions, were of the cp n
ion that the ordinance of 1857 in order
to continue to have full effect in the ter
quired some amendment so as to adapt
it to the Constitution, which had Just
been adopted. If this act had been sent