The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-21
WEDNESDAY. FEBRUARY 81. 1900.
Porte Rico md the Constitution-Mr
Richardson's speech.

As more than one Administration organ
admitted yesterday, the necessary effect o
Mr. Richardson's logical and conclusive ex-
position OF the viciousness and unconstitu
tionality of the Payne bill. in his speech
in the House on Monday. will be so i'm
portant that. unless the executive power Is
used TO whip conscientious Republican
Representatives into line against their con-
vlctions. the Ubiquitous and illegal messur,
will be defeated.
Mr. Richardson's speech will live in
American legislative history as one abso-
lutely unanswerable, and not the less SO
because it was delivered in reply to an ar
gument by the Hon. Serene E. Payne in
support Of the bill, which the most chart
table friend of that gentleman must regard
as weak. IL il was not half-hearted and in
sincere. But the Democratic leader might
have met and overcome in debate greater
man than Webster, entrenched as he was
behind the Constitution, the decisions OF
the Supreme Court and the unbroken prac-
tice of the Government for a century.
Mr.. Richardson said that the claim or
contention contained In the Payne report
that the term United States" for political
purposes includes nothing outside the
boundaries OF the component States, and
that Congress has plensry power to legis-
late for territories unhampered by the
Constitution, its restrictions and prohibit
lions, had. TO his knowledge. never before
been set up on the floor IF Congress All
acquisitions Of territory before the Spanish
war had been made in a constitutional
way. and such measure as the one under
discussion had never been thought of in
connection With any of them. The power
of Congress to levy taxes he said, lis
derived from Section of Article of the
Constitution as follows
g The Congress shall have power TO lag and
collect taxes duties. imposts and excuses, TO
lny The debts and provide Tor the common de-
fence ard general welfare Of the United States;
tut all duties. imposts. and excuses shall be uni
iprin throughout the United States
In constituting this section We must first
decide what is meant by the term United
States as here used Docs the term in
clude simply the area actually included
within the boundaries of the States. or
does it cover all the territory belonging
to the United States?"
When the Constitution was adopted
the country at large owned the
Northwest TERRITORY. Mr.. Richardson
could not believe that its trainers
had any idea that the great possession
named was not within the United States,
or that the Constitution would not apply
,.-fft F,,rl.-
chusetts or Virginia. Certainly Chief Jus
tice Marshall had no doubt that Territories
are entitled 10 constitutional rights and
protection equally with other portions of
the national domain. In the case of Lough-
borough VS.. Blake g Wheaton. page 3is).
decided in 1890, this eminent jurist said:
'The eighth section of the first article gives 10
Congress the power TO lay and collect taxes du-
ties. iHlposts and excses for the purpose there
matter mentioned This grant is general with
out Limitation as TO place. II consequently c1-
tends TO all places over which the Government
extends II this could be doubted. the doubt
is removed by the subsequent words which
modify the grant These words are: but all
duties, imposts and e.cises shall, be uniform
throughout the United State 1t will not be
coniended that the modification Of the power
extends to places to which the power itself !
does not extend
Tho power, then. TO lay and collect duties
imposts, and excuses may be exercised. and mus
be exercised. Throughout the United States Does
this term designate the whole any particular
portion Of the American enipirey Certainly this
question can admit of but one answer IL IL !
the name given 90 our great Repablic, wficl,
Is composed of States and Territories The his
trict OF Columbia or the territory yves, OF the
hissourl IS not less within the United State
thRn Mzrylsnd or Pennsylvania and n Is No,
less necessary, on the principles OF ou- Constitu
tien that uniformity in the imposition o! inn
poss; ou',es' sna eAeises shall be observed in the
one than the other Since. then, the power 10 Law
rnd collect taxes, which includes direct taxes +
OBVIOUSLY coextcnsive with the mower 10 L. !
and collect duties. imposts, and exciscs; and
since the latter extends throughout the United
states IL follows that the power TO impose direct
taxes also extends throughout he United State :,
This opinion" said Mr.. Rlcbardso,
has stood for eighty years II was given
In case in which he was compelled to
rule upon and give construction to the
very language we are using today. He |
says that the United StaIes' means all
the States and the territory OF our great
empire" The Republicans nevertheless
contend that the power of Congress over
Territories is ''plenary." that is, full. en-
tire. complete. IF by this is meant that
Congress has right 10 legislate for the
Territories in contravenilon of the pro-
visions Of the Constitution. and along the
lines prohibited by that instrument" Mr..
Richardson declared. Il cannot agree that
the position is eorrect.'' The language of
Inc Constitution is:
Congress shall have power TO dispose of and
make all necdful rules and regulations resnecting
he territory or other property belonging 10 the
nitod States
But there is nothing n this clause 10
upheld the contention of the Payne bill
advocates that 1t confers upon Congress a
power 'plenary" enough 10 permit Il to |
DO acts in respect of Territories which
would be prohibited aud unconstitutional
IL done In respect of States. The de- |
cisions cited by Mr.. Richardson In SUD- |
port OF this proposition simply leave the ,
enemies of the Constitution and the psr-
sccutors of Porto Rico in the air. They
ire more interesting read In the text than
any editorial summary or review of them
sould be. We print he leading ones as
cad in the House by Mr.. Richardson:
In SpriEgville VS.. Thomas lGs u. S.
sepofisl the court said: g
" IA our opinion the seventh amendment Sc. {
srcd unarmiiy in finding q verdict az an Is. /,
antisi feature OF trial b, jury in cotnrnou.isw
sses. Tie act Of Congress could not impart the Q
or'rr 10 change the constitutional rule ard could
q be treated As attempting 10 do So 4 .
In Thompson VS.. Utah t1To U. S. RE- {