The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1900-02-09
INGALLS, REPORT
Member From Massachusetts, Dis.
sents From His Republican
Colleagues
On the Proper Form of Gov.
eminent to Be Given Porto
Rico.
In His Opinion Constitutional
Prohibitions Cover All Our
Territory.

"~AshiN"ToN, FEB. 9.-Thc reports Of
the bill framed by the ways and means
committed, imposing duties equivalent
10 20 per cent of the American tariff IN
goods imported into Porto Rico from the
United States and vice versa was suh.
'n''ten 70 the house. The Republicans
OF IN" committee, except Mr.. Mccall
'hasS.) agreed TO report in support Of
'he OH, dcvotlnS considerable portion
"i thelr argument to sustaining the con.
tehtlon that the clause Of the constitu-
tlon declaring that all duties, imposts
and excuses shall be uniform throughout
the United States" is not applicable to
our new possessions. which. they sav,
are not United States territory within
the meaning Of that declaration.
The Democrats. together with Mr..
Newlands New, took the contrary
view. Mr.. Mccall, dissenting Republi.
can. practically holds with them. He
made a separate report, saving he can
not support the bill. because it does not
follow the rule Of uniformity pre-.
scrlbed by the constitution IA rule
which. III my opinion, governs
IN Legislation for the territories Of the
United States Mr.. Mccall is unspar-
ing III his denunciation Of the policy TO
which the bill will commit the govern.
mcnt.
Mr.. McCalrs Position.
In his report Mr.. Mccall v
"The pending bill is, in my judy
ment. u we'll considered measure from a
fiscal standpoint and is likely 10 produce
IA sufficient revenue. am unable to
give il my support, because it does not
follow the rule Of uniformity prescribed
by the constitution, n rule which, in nv
opinion. governs congress in legislating
for the territories Of the United States.
/ do not think it material to consider
whether the constitution propria vigore
extends To the territory Of Porto Rico.
In my opinion, the question involved is
whether congress in legislating for that
territory is bound TO observe those linn
itations upon its actions which are i'm
posed by the constitution. oil whether il
possesses arbitrary power, excepting
the power to establish slavery, and can
govern that island and other territories
Of the United States subject only to its
own will. II congress is restrained by
the limitations of the Constitution. ii
cannot pass the pending bill. II. on
the other hand. ii Is not SO restrained.
but has the power To pass the pending
bill. then it follows that it also has thu
power To pass cX post facto laws. bills of
attainder and 10 do all other acts pro.
hihi,cd by the constitution, and the PEG
pie Of Porto Rico are merely subject.
without legal rights and can only enjoy
their lives and property by the grace Of
congress. Believing that this assertion
of deslotic power is contrary 10 the life
and spirit of our institutions. l am com
PEELED to dissent from the recommended
ton of my colleagues that the bill bt
passed.
should Have constitutional Rights.
Mr.. Mccall then reviews the law au
thorities and says:
II am unable to find any support IL
judicial decisions for the doctrine thai
tho inhabitants Of territories have II,
constitutional rights but exist only 10y
the will Of congress. On the other hanc
il has been repeatedly held by our su
preme court that congress Is bound b!
restrictions of the constitution III deal
ing with territories
Mr.. Mccall concludes rs follows:
IL recognize our full duty to do oul
utmost Ia secure the welfare and happi
ness Of the people of Il new possessions
But | regard il as n most i%nausplclou'
omen that our first Legislative acts b,
framed on the theory that freedom doe!
not follow the flag. Is it not clear tina
mt the outset you are paving h wa,
for n more hideous cxtortion and rob
berry than ever disgraced lndia?"