The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-02
MONDAY, APRIL ?, 1900.
The Suppressed Mngoon Opinion.

The Magoon exposure has taken exactly
the course that The Times predicted 1t
would Some days ago the New York
the charge that. until forced to change its
views and attitude by the trusts, it had
been governed in relation to its Porto
Rican policy by an official opinion prepared
by Charles e. Magoon, law officer of the
Insular Division of the War Department.
That opinion, the Herald asserted. held
that the Constitution extended to the
island the moment American sovereignty
became an accomplished fact, and it was
accepted as good law and gospel until the
oil. sugar, tobacco and rum monopolies
ordered the President and the Republican
majority in Congress to declare that the
Constitution does not go with the flag. on
penalty of Withholding all contributions
TO the campaign corruption fund. AT this
juncture. it is said. Mr. Magoon was
directed TO prepare another opinion direct
" reversing the first, and did so with what
force and effect We have seen.
The Herald has evidently been waiting
in the hope that the Administration might
he beld enough to deny the story in toto;
but no such denial has come. So. ON yes
terday, the journal in question published
oopious extracts from the first document,
a copy of which it declares has been found,
and there is no reason to doubt is in the
hands of the Herald"
When we read the argument Judge Ma
COON originally presented to his superiors,
it is easy to understand what Mr.. Mckin-
ley meant by his plain duty and Mr..
Root by his every consideration of justice
and good faith" We also gain the key TO
Mr.. Payne's insistence. in the latter part
OF January. that free trade must be given
to Porto Rico since it had been accorded
to every ether State and Territory, and to
Alaska. not organized into Territory"
Judge Magoon is explicit and convincing.
and he goes straight to the point of the
matter. He says in his suppressed
opinion. that the transfer of Porto Rico TO
our fsg was a cession of sovereignty;
The assent to such 5ession aud the acceptance
thereof by the United States accomplished
by the ratification OF the treaty by Congress:
by such ratification the Island OF Porto Rico
Wa incorporated within the territorial Limits Oi
the United States. Being now-a part and parcel
Of the United states it Is subject to the provisions
OF the Constitution Of the United State
without stopping to discuss what action by
Congress is necessary 10 extend the operation OF
previous Congressional enactmenis over said Isl
and. attention is directed TO the fact that the
required Congressional action has been taken TO
secure for Porto Rico the benefits arising from
The Constitution Of the United States being the
supreme law Of the land"
Continuing its instructive revelations,
the Herald quotes a most pregnant par
sgraph from the extinguished gospel,
which the enemies of national honor and
the Constitution IN tine Administration and
Congress will have hard work to explain
away. Il is as follows:
NO further action by Congress is necessary
a. possible Porto Rico being a portion OF the
I uted states. while IL remains such Congress Is
- power,css to confer the Constitution upon Il
=. 1t Is to take the Constitution away from ii.
- tar as the Constitution Is involved. the rights
OF -this Government II Porto Rico established
and secured"
Since the New York Herald has been
successful in obtaining one copy OF this
important and enduring state paper. it is
quite within the range of possibility that
the Administration may be able TO find
another and furnish it to Congress under
the House resolution already adopted.
Naturally. there will be a heroic attempt
10 prove that it was never considered off,
cial, and that even if it vas, it did not eX-
ert tine slightest effect upon the feelings
or sentiments of the President or Cabinet.
In an extremely critical emergency like the
present. little verbal inaccuracy may be
pardoned, ard surely will do no harm, be-
cause the whole country will understand
that the President and his advisers until
lately accepted the light and acted accord
ing to the conclusions and mandates of the
first aud honest Magoon decision, now so
providentially brought to public view.