The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-07-26

States. pursuant to treaty with Japan. for
crime committed in one OF the ports Of
Japan. The decision Is in entire bar-
inony with the other cases cited by us.
peng ruled upon the obvouss principle
that the constitution could have no opera-
( lion IN foreign country, not territory OF
the United States, and that. hence. 1t ala
not stand in the way of the VALIDITY q, the
treaty. lnsistence has been made. in TO-
iation to the particular legislation IN quos-
uon, that the uniformity clause dtl not
apply because the tariff duties were net
20 be used ito pay the debts and provide
for the common defense and general wei
rare OF the United States" but FOR the
beneht of Puerto Rico itself This argu-
ment. moving IN a circle back to The start
ing point. is merely petitlo principli. II
Puerto Rico became part OK The United
states then the tariff duties are TO ray
the debts or provide for the defense Or
general welfare OF the United States.
Finally. arguing sb inconventienu, 1t has
been urged thar n our new poss sessions"
are a part Of the United States We shall
be compelled TO retain them, whetl er
deemed wise or unwise in policy, tetause
without power of disposition. The argu-
ment is believed to be pure assumption
There is dearth of decision on the
question, and we must Therefore look to
the reason OF the thing. IL from the
acquisition by cession. how can IL be said
that from the same power comes net the
Implied night OF disposition? The one
right appears as the complement OF the
other. OF course, after Territory has
passed into Statehood, different consid-
eratioRs obviously apply. The absence o.
occasion for exercise OF su3'i right by the
United States in tho past proves nothing.
Instances Of voluntary relin usbmon;s Of
territory b. treaty cesson. u :sa family |
or nations, ere not in.rcqU"n.. Thus hy |
this means the United Sta es aGONir.d |
Louisiana from France anl Alaska from /
Russia. and in like mana. as we recall /
Holland and Germany acquired Java from |
Great. Britain. and -. BL 'tholomew w.s /
coded by Sw-len 20 trtnte. Th1 con"lui I
sion seems .neyl'aSls ihas Tho retention (
or disposition X he naN territory is y !
purely political question. and 10 be 90
determined. This disposes, so far as
brought to our notice, of all the points |
involved in the denlals mentioned, except |
such as appear to be patiently frivolous |
or to have been utterly demolished In the
debates.
49,
In conclusion. looking back upon the
history OF that great judicial tribunal in
Washington. reverenly invoking the splr
It's of its illustrlous dead to the bosoms OF
It's living, remembering that amid pas
aons Of war and blossoms of peace 1t
has preserved immortal the constitutions
landmarks 81 liberty. It's safeguards of
human rights. remembering. among a host
Of other instances, the case of Millgan
"a Wall u. S.. y. In which 1t rescued
the sacred writ OF habeas corpus from
gaping furnace OF destruction. and Gar
and's case q Id. 1897. in which It blotted
,ut forever the degrading curse of attaint
Upon the citizens; remembering these
lights luminous in the constitutional firm
lment. we anchor there, at that harbor
If refuge. our abiding faith in the final
'ebaptism of the priceless principle that
very department of the government. NOV
ng as created thing. must proceed sub
'ervient to its creator. the constitution
II the United States.