Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-09
IATESI NEWS OF THE WORLD AND CABLE

trines announced in connection With
the acquisition and government of
Louisiana have been re-atlirmed.
IN each and every case 1t has been
thought necessary. i'll order to modify
the otherwise unlimited powers of Con-
gross. to make special provisions in the
treaties by which the territory was ac-
quircd.
I'm all of the treaties. save that re-
lating TO Alaska. provision has been
made that the territory acquired should
be incorporated into the Union as soon
as possible, and that in the meantime
the civil rights of its inhabitants
should be guaranteed. In the treaty
with Russia. whereby Alaska was &C
qulred. no provision WAS made for the
incorporation of the territory into the
Union. but provision was made that the
inhabitants should have the immuni-
ties OF citizens of the United States and
protection in the enjoyment OF their
liberty. property and religion. Had
not these terms been made I'm the
treaties. the territory acquired would
have become subject to the legislation
OF Congress under its power to make
all ncedful rules and regulations re-
specting IL, which Is without limtta-
ton. If by the mere acquisition OF ter
ment becomes subject to,tle limitations
of the constitution, then clearly there
was no necessity for the insertion of
limitations In the respective treaties.
POWER OF CONGRESS-.
So fas as legislation with respect to
these treaty acquired territories has
been had II is to be attributed to the
guarantees secured by the terms of the
treaty. In the case of territory ac
CURED with no limitation upon the pow
er of Congress its power is absolute and
exclusive. except in so far as II is limit
ed by the thirteenth amendment to tho
constitution, which prohibits the exist
cnce of slavery in any place over which
the United States has jurisdictions In
the case of Hawaii express recognition
was made OF the fact that It's laws
would remain in force until action by
Congress.
Nowhere ~ the distinction between
the United States as subject to consti-
tutional government moro strikingi,
illustrated than in the unbrol1en line
Of decisions which in terms Include ter
ritories from one of the main articles
of the constitution"
CONCLUSION.
After citing many cases in support or
It's contention, the report concludes:
First. That upon reason and author
ity the term United States as used i'll
the constitution, has reference only to
the States that constitute the Federal
Union, and does not include terrific
ries.
Second. That the power of Congress
With respect TO legislation for the tor
ritorics is plenary.
Third. That under that power Con-
sress may prescribe different rates for
duty for Porto Rico from those pre-
scribcd for the United States"
THD MINORITY REPORT.
Washington. Feb. S.-The minority
report Is signed by all the Democratic
members OF the Ways and Means Com
mittcc and Representative Newlands,
the silver member of that committee.
II says in part:
The bill raises TWO questions which
must be considered and determined.
First. The right or power under our
written constitution to enact the meas
IRE.
Second. Whether if we have the
power should Congress exercise it in
the manner provided in the bill.
The bill Is framed upon the idea
and the assumption that Congress en-
ters upon the government of Porto
Rico unrestrained by the provisions of
the constitution"
The report then takes up the consti-
tutional provision, that all duties, etc,
shall be uniform throughout the
United States" and universal applca-
ton to territory held. This branch of
She subject has previously been COW
cred In n special report
Proceeding. the report says:
IF the position taken by the ma
joriiy of the committee recommending
the passage of tho bill bc the correct
one and Congress has the power to
govern territory of the United States
independent of the limitations OF the
constitution. ii must follow that Con-
gress Is not restrained by that instru-
mcnt from passing laws imposing GUS
toms duties on the minerals and ores
of the territories OF Arizona and New
Mexico. the furs and fish of Alaska,
tho lumber OF Oklahoma, and OF all
ether products of these territories when
imported into any of the States of the
Union, and also upon all importations
of products of every kind Into the ter
ritorlcs from the States. or any one OF
them. The power TO pass such laws
was never before claimed in our land.
INCONSISTENCY
1t Is wholly inconsistent with the
theory and form OF our Government.
The exercise OF such power Is pure and
simple imperialism. And against it we
enter our most solemn protest. We
never have held and cannot hold terri
tory as political dependency and sub
jcct to unequal taxation. Our union is
one of States With n common interest
and common destiny. The blessings
of FREQ government rest alike upon all
OF our people whether in the thirteen
original states, or IN the youngest
member of the Union. or in the newest
acquired territory. 1t does not matter