The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-02
CFrom the New York Herald)

WASHINGTON. March 31.-A copy has
been found of the suppressed decision of
Charles E. Magoon, law officer of the In
sular Division of the War Department,
in which he makes the emphatic declara
ton that the United States Constitution
extended to Porto Rico when the peace
treaty with Spain was ratified. 1t clearly
bears out the statement that Mr.. Magoon
completely reversed his views in the later
decision. which has been extensively
quoted by Republicans in their arguments
against free trade.
officials of the War Department will not
admit that a written opinion was ever
made by Mr. Magoon in which he declared
in favor of the extension of the COnstitu-
ton but intimate that there were some
oral suggestions to that effect. There is
no question however, to the authentic
! ity of the suppressed decision.
Mr.. Magoon's original decision was re-
ceiyed by Mr.. Root soon after he became
Secretary of War. and about the time the
lDsuar Commission rendered an elaborate
opinion that the Constitution necessarily
applied to Porto Rico, but that Congress
was required to extend it. These two
! suppressed decisions. it is understood,
| were turned over to Mr.. Magoon by Sec
| rotary Root, with a request TO render
new decision. The result was the care
is not part Of the United States and
that Congress has full power to deal with
! il as IL chooses.
In his suppressed decision MIR. Magoon
| referring to the provision of the treaty
that Spain cedes to the United States the
island of Porto Rico" says:
This is cessivn OF sovereignty. The assent to
such cession and the acceptance thereof by the
! United States accomplished by the ratifca-
OF he Inv
BY such ratification the isard of Porto Rico
was incorporated within the territorial limits of
the United States. Being now a part and parcel
OF the united States. it is subject to the pro-
visions of the Constitution of the United States.
Without stopping to discuss what action by
Congress is necessary to extend the operation of
| previous Congressional enactments over said
island, attention is directed to the fact that the
| required Congressional action has been taken to
secure Tor Porto Rico the benefits arising from
| the Constitution OF the tnited states being the
| supreme law OF that land.
Mr.. Magoon gees on to declare that ii is
| not accurate to say the Constitution has
been extended TO Porto Rico. but that the
| island has been brought within the aeg 5
of the Constitution. Then he adds:
No further action by Congress is necessary or
possible. Porto Rico being a portion of the
United States, while il remains such Congress IS
as poweriess to confer the Constitution upon 1t
as it is to take the Constitution away from it.
SO far as the Constitution is involved the rights
of this Government in Porto Rico are established
and secured.
Mr.. Magoon takes the ground that the
people of Porto Rico are not necessarily
citizens as distinguished from inhabitants,
and says:
In the opinion Of the writer, the island Of Porto
Rico, by its incorporation into the domain Of
the United States brought within the effec-
tive zone Of many Congressional enactments, be-
ing such as are general in character and not sub
ices to territorial or other similar limitations.
These laws may not be effective therein, because
the means and methods OF their application have
not been provided, and such provisions must be
made by Congress. But it is nevertheless a fact
that all parts of the United States are within the
jurisdiction of the Federal law.
one Congressional enactment OF general char
acter which is lis force and enforceable in Porto
Rico is that comforting upon the Secretary oil
War the power to grant authority to erect strhc.
ture. in the uavgablc waters Of the harbcrS oil
the United States .ra.-
Referring in another part OF his argu-
ment to the power Of the existing military
government in Porto Rico TO grant IRAN
chses, Mr.. MaGoon again says:
Peace with Spain being proclaimed. and
tina. condition prevailing in Porto Rico.
the military government therein became a
civil government in everything but name.
Porto Rico having become a portion OF tho
United States. said government and its
officers are subject to the Constitution OF
the United States