The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-20

the grant These words are: But all duties
| imposts, and excuses shall be uniform throughout
the United States Il will not be contendet
| that the modification Of the power extends tc
places to which the power itself does not ex
| tend.
The power, then, to lsy and collect duties
imposts, and excises may be exercised, and must
| be exercised throughout the United States. Docs
| this term designate the whole or any particu
| lar portion of the American EmpireT Certainly
| TINS question can admit of but one answer. II
| Is the name given TO orr great Republic, which
| IS composed OF States and Territories. The
| District Of Columbia or the territory west OF
| the Missouri is not less within the United States
| than Maryland or Pennsylvania, and it is not
| less necessary, the principles of Constitu-
| tion, that uniformity in the imposition OF i'm
| posts, duties, and eNcises shall be observed in
! the one than the other Since, then, the power
| to Jay and collect taxes which includes direct
| taxes, is obviously coextensivc with the power
| to lay and collect duties, imposts, and excises.
, and since the latter extends throughout the
United States, it follows that the power to i'm
pose direct taxes also extends throughout the
! United States"
Il know gentlemen who make other con-
! tentions Will insist that this opinion is
obiter dictum, and therefore not binding.
cannot agree that this is true. Tee coui t
was required to construe the word taxes
| in the clause quoted, and in doing so prop
eriy took into account the whole clause
If it were dictum it was such declaration
of opinion as has stood the test of time,
and has never been overruled but 1t was
not dictum.
The committee. as authority for their
! action, quote clause of section of Ar
ticle ~ of the Constitution. which reads as
follows:
The Congress shall have power to dispose OF
and make all ''needful rules and regulations
respecting the territory other property be-
longing to the United States"
What is meant by this provision of the
Constitution? The friends of this meas
TIRE say that this provision means that the
/ power of Congress, with respect to legis
lation for the territories, is p.enary." TIE
meaning of plenary, in its largest sense, is
full, entire. complete.
Legislation for Territories.
''If it be meant that the right to legls
late for the Territories is full, entire, ard
complete within the limits of the Consti-
tuition, the position assumed Is correct. II
it be meant that Congress has the right to
iegislate for the Territories in contrRven-
tion OF the provisions of the Constitution,
and along the lines, that are prohibited by
that instrument, / cannot agree that the
position is correct. When 1t is asserted
that this power to legislate is plenary by
the advocates of the pending bill. they
mean to say that there is no prohibition,
no restriction, and no Limitation on the
power of Congress in legislating for the
Territories. The language Of the Constitu-
tion is that Congress shall have power
to dispose of and make all needful rules
and regulationes respecting the territory
or other property belonging to the United
States
This is a reasonable provision and a
highly proper one It is necessary that
the authority for the exercise OF the power
here given should be lodged somewhere.
and very properly Il was lodged with Con-
eress. But l cannot see where there Is
reason for the contention that the power
given can be exercised contrary TO the
Constitution. II it be true, as is contend
ed, that Congress has plenary power over
the Territories to the extent claimed by the
advocates of the pending measure, ana as
they attempt to apply that power to Porto
Rico in the bill, then 1t follows that Con-
gress may enact laws which would be un
constitutional within the limits of the
States of the Union, but which would be
constitutional within tho Territories. This
cannot be true. The words they quote do
not sustain them in their contention.
''It is monstrous to suppose that Con-
gress is not restrained by the Constitution
from passing laws imposing customs duties
on the minerals and ores of the Territories
of Arizona and New Mexico. the furs anu
fish of Alaska, the lumber OF Oklahoma,
aId of all other products OF these Terri
tories when imported into any OF the
States of the Union. and also upon all i'm
portationse of products OF every kind into
the Territories from the States or any one
OF them. II the action il IA proposed to
take by this bill, in respect to Porto Rico.
can be taken, it must inevitably follow
that Congress can pass laws imposing
customs duties affecting all the Territories.
as indicated above"
Limitation 10 AbsOIutisn,.
Mr.. Richardson said there were limita-
tions upon governmental absolutism i'm
posed by the Constitution upon the Gov
ernment of the United States in all places
where It had territorial jurisdiction. He
then enumerated the constitutional limita-
tons which run with the Government into
all places throughout the country. One
Of the limitations, he said, was that Con
gress shall not levy and collect any duties.
imposts, and excises except they be uni
form throughout the United States"
II that Limitation did not restrain Con-
gress in the enactment of law for Terri
tory then, as stated, no one OF the limita-
tions will do so.
He believed the true theory 10 be that
the Constitution applies to the whole
domain of the United States. that is, he
said both States and Territories. The
plenary power given Congress over the
limitation. he said, is the control OF the
territorial and municipal government and
laws, but the power must be exercised
under the Limitations of the Constitution.
He quoted literally from the decision of
the United States Supreme Court to sus-
tain his contention. To pass the bill. he
said, would be an act of bad faith toward
the people of Porto Rico.
Continuing. Mr.. Richardson said:
We are told that the inhabitants OF
that island gladly welcomed General
Miles. and ,he armies of the United States
in July, 1888. when they invaded their
territory and struck down the power of
Spain This they did because they were
assured, and confidently believed. that as
the tyrannous shackles of Spain were
stricken from them they were to be ad- |
mitted to the immunities and blessings of |
our liberal institutions, as well IS our en- |
lightened civilization. We are told our |
soldiers we're hailed as redeemers. Why |
were they hailed as redeemers? 1t was be-
cause Of the alluring promises held out TO |
the inhabitants of the island by the Uni |
ted States.
speaking tutOlsn our representative |
directly to those people solemn promises |
were made They are to be found In the /
proclamation of the Commanding General |
of the United States Army as that army /
under him invaded the island. Whatever |
ground of complaint we may have had |
against Spain to Justify us in the war, no ;
one will assert that We had any cause
of war against the people of that island.
We did not enter upon war against them.
They did not welcome our soldiers with
hospitable hands to bloody graves but
-, 81 z,bor hand hafIod thap, !