The age-herald., 1900-02-27
Changing the Constitution.

When MT. Mckinley said in his annual message "our plain duty is to abolish all custom tariffs between the United States and Porto Rico, and give her products free access to our markets"-when he said that he was simply expressing the view of the question held without dispute by all until the high tariffites decide that it must be changed because it interfered with some of their vested rights to rob consumers.
 The constitution provides that all duties. imports, and excises shall be uniform ''throughout the United States" and as long ago as 1920 Chief Justice Marshall de- fined ln court the meaning of the term Limited States" He said:
 ''Phe power, then, to lay and collect du- ties, bmposts and eXcses may be exercised and must be exercised, throughout the Uni ted States. Does this term designate the whole or any particular portion of the American empire? Certainly this question can admit of but one answer It Is the name given to our great republic, which is composed of states and territories The Dls- trict Of Columbia or the territory west of the Missouri is not less within the United States than Maryland or Pennsylvania, and
 
 our constitution, that uniformity in the im- position of imposts, duties and excises shall be observed in the one than the other Since then, the power to lay and collect taxes, which includes direct taxes, Is obviously CO., extensive 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 impose direct taxes also extends throughout the United States"
 This decision has been followed in every case in which it was applicable in the su- preme court during all the years that have intervened. The question was often pre- sented, and the opinion of the great chief justice was as often affirmed. The words of Chief Justice Fancy in the celebrated case of Dred Scott are very clear and in- teresting. He said
 There is certainly no power given by the constitution to the federal government to establish or maintain colonies border ing on the United States or at a distance, to be ruled and goverened at its own pleas ure nor to enlarge its territorial limits in any way except by the admission of new states. That power is plainly given, and if a new state is admitted it needs no further legislation by congress, because the con- stitution itself defines the relative rights and powers and duties of the state and the citizens of the state and the federal government. But no power is given to &C., quire a territory to be held and governed permanently in that character.
 And, indeed. the power exercised by congress to acquire territory and establish a government there according to its own unlimited discretion was viewed with great jealousy by the leading statesmen of the day. s*"
 Wa do mt mean. hnwever to nliestion the power of congress In this respect. The power to expand the territory of the United States by the admission of new states is plainly given, and in the construction of this power by all the departments of the government 1t has been held to authorize the acquisition of a territory not fit for ad- mission at the time, but to be admitted as soon as Is population would entitle it to ad- mission. It Is acquired to Become state, and not to be held colony and governed by congress with absolute authority; and as the proprlety of admitting a new state is committed to the sound discretion of congress. the power to acquire territory for that purpose, to be held by the United States until it is in suitable condition to become state. upon an equal footing with the other states, must rest upon the same -discretion.'
 In the same case Justice Curtis discussed the point with great clearness:
 "Tf, then. this clause does contain a power to legisiate respecting the territory, what are the limits to that power? To this answer that in common with all the other legislative powers of congress 1t finds dim- its in the express prohibitions of congress not to do certain things; that in the exer- ciss of the legislative power congress cans