The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-09

spirits and cigars from being at a disad-
vantage. A considerable portion of the
port is devoted to a discussion of the crops
of Puerto Rico and markets for them, also
the necessity for customs duties to keep
up the revenues OF the island. The report
declares that the revenue laws. to be APP
piled to Puerto Rico. are absolutely within
the power of congress to determine. Dis
GUESSING the question, rs Puerto Rico In
cluded within the meaning Of the term
port says.
THAI 1t is not so Included would seem
apparent from variety of considerations.
IL must be recollected that the term Unit
ed States has more than one meaning, 1t
means, In the first place. the several states,
respectively. that constitute the federal
Union. IL means, again. in a geographical
sense, all the territory over which the
United States has jurisdiction, just as the
British empire means all the component
parts OF the kingdom of Great Britain. But
II means, In Its political sense. that coroor-
alton which Is the result of the federal
Union and constitutes the United States
nation 1t is undoubtedly in this latter
sense that II is used in the constitution"
Manner of Acquisition.
Concerning the acquisition OF territory
the report states:
Subsequent to the acquisition OF Louis
lana the United States has acquired terri
tory. in a number of instances, by virtue of
treaty making power. IL Is to be OBJ
served that. in each and all Of these cases,
both by the terms of the respective treaties
ana by legislation In congress, with respect
to the acquired territory, the doctrines an
nounced I'm connection with the acquisition
and government of Louisiana have been
reafflrmed.
In each and every case 1t has been
thought necessary, in order to modify
the otherwise unlimited powers of con-
gress, to make special provisions In the
treaties by which the territory was ac-
quired.
I'm all Of the treaties, save that reIat-
ing to Alaska. provision has been made
that the territory acquired should be in
corporated into the Union as soon as
possible. and In the meantime the civil
rights of It's inhabitants should be guar
anteed. In the treaty with Russia,
whereby Alaska was acquired no provi-
sion was made for the Incorporation of
the territory into the Union. but provi-
should have the immunifIes Of citizens
OF the United States and protection in
the enjoyment of their liberty. property
made In the treaties the territory ac-
CURED would have become subject to the
legislation of congress under Its power
respecting y, which is without limta-
tion BY the mere acquisition of terri
tory BY the United States. its govern
ment becomes subject to the limitations
OF legislation. and clearly there was no
necessity for the insertion OF limitations
In the respective treaties
Conclusions Of Law.
so far as legislation with respect to
these treaty acquired territories has been
had. II Is to be attributed to the g,iaran-
tees secured by the terms OF the treaty
In the case Of territory acquired with
no limitations upon the power of con-
gress, Its power is absolute and exclusive
except In so far as II Is limited by the
thirteenth amendment to the constitution,
winch prohibits the existence Of slavery
In any place over which the United States
M In
express recognition was made OF the fact
That It's laws would remain in force until
action by congress.
Nowhere is the distinction between the
United States as subject to constitu-
tional government more strkingly Illus
trated than in the unbroken line OF deci-
sions which, In terms. exclude territories
stitution"
:, After citing many cases in support of
"First--That upon reason and author
~ the term United States as used in
tho constitution, has reference only TO
the. states. that constitute the federal
Union. and does not include territories.
Second-That the. power OF congress
, MIN respect 70 legislation for the ter
'rhird-That under that power congress
may prescribe different rates of duty for
Puerto Rico from those prescribed for
tie United States"
Mccall Fues Dissent.
Representative Mccall OF Massachus-
etts, the only Republican member OF the
committee to dissent from his colleagues
on the Puerto Rican bill, in his separate
report says In part:
"The pending bin is, in my judgment,
standpoint, and IL likely to produce a suf-
ncient revenue. | am unable to give II
my support because 1t does not follow the
rule OF uniformity prescribed by the con-
sutution-a rule which. In my opinion,
governs congress in legislating for the
territories OF the United States
nj IN
whether the constitution. propria vigore,
extends 70 the territory OF Puerto Rico
IN my opinion the question involved IL
whether congress, in legislating for that
territory, is bound to observe those lirni-
tations upon Its powers which are Inn
posed by the constitution, or whether IL
possesses arbitrary power. excepting the
power to establish slavery and can gov
..rn that island and other territories of
Will III congress Is restrained by the
limitations of the constitution II cannot
hand. Il is not SO restrained. but has the
power to pass the pending bill then II
follows that 4 also has the power 10
pass ex post fac,o laws. bills of attain
der, and TO do all other acts prohibited
by the constitution. aud the people OF
Puerto Rico are merely subjects, without
legal rights, and can only enjoy their lives
and property by the grace OF congress.
Believing that this assertion OF despotic
bower y contrary To the lite and spirit OF
our institutions, | am compelled 20 dis
sent from the recommendation or my col
Leagues that the bill be passed"
An inauspictous Omen.
Mccall then reviews the law authori=
tics. and says.
Il am unable 20 find any support In ju-
dtciai decisions for the doctrine that the
Inhabitants Of territories have no consti-
tuiienai rights. but exist only by the will
OF congress
con the other hand Il has been repeat.
eddy held by our supreme court thar con
EreKs IL bound by restrictions OF the con-
stitutlon In dealing with territories"
Mccall concludes as follows: II rec
ognize our fun duty To Dc our utmost 20
secure the welfare and happiness of tho
people % our now possessions but I re-
our FIRST legislative act should be framed
ON lhn lhnnrN TINT fln.AuIll Llnna nj 81