New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-18
JUSTICE TO PORTO RICO.

the levying Of duties on goods from Porto Rico
are some sentences which ought to be studied
by the people who are fond, without knowledge,
of denOunctng the Administrations treatment
of that island unjust Among them is the
declaration: ut may be best for us not to
make its citizens fully our citizens; 1T may be
more just toward it not to subject it to paying
"its share of taxation. In the case Of Porto
"Rico, with her tobacco and rum industries,
"such share would probably be out Of all pro-
portion TO that paid by other districts. Unless
1--WE tax her for National purposes there is no
'just claim on Der part for the protection Of the
constitutional provisions for uniform taxation"
1t is to be remembered that the idea of the
fathers of the Constitution was to secure sub
stantial equality of taxation for people living
on substantially the same plane of civilization.
They did not fOresee our controlling a country
so differently situated that the imposition of
our domestic tax laws might be an unbearable
burden. Such they might be, for instance, in
Porto Rico, where uniform taxation for Fed
eral purposes would take out Of the island by
internal revenue impOsts probably three times
the amount that is now raised there by the
tariff law to be expended purely for local pur-
poses AS it is, Porto Rico is not taxed at all
for National purposes, but Congress, acting
the local legislature Of the island. just 1t is
levied certain impOsts for domestic expenses in
stead Of raising them by direct taxation. If
the opponents Of that legislation were right in
their constitutional theories it would be wrong
not to impose internal revenue taxes on
Porto Rico for Federal purposes, but it would
still be constitutional to raise local funds in
addition, as Congress is raising them. So the
Constitution in Porto Rico would simply mean
greater burdens. Congress can exercise discre-
ton as TO the means of local taxation of terri
tory. just as the State Legislature can exercise
discretion between land and inheritance
transfer tax in raising State revenues. The
constitutional rule of uniformity applies solely
to levies for Federal purposes. Judge Townsend
remarks:
That we have the power to govern without the
obligation of uniform taxation may be I'M
familiar proposition but it is so because we have
never before had occasion TO use the power to
the same extent. The Constitution makers may
not have thought of It, yet, we have seen, it
is an incident Of full sovereignty commonly ex-
ercised at the time the Union formed-one
which is now prohibited TO the States, and so
must have passed to the Federal Government
with the power TO make and treaties to
which 1t Is incident For the trainers of the
Constitution intended that instrument not
limitation upon the freedom of the sovereign
in acting for the States in foreign affairs; not
as a check to growth, but as the organic law of
a nation that can live and grow. To deny this
power TO govern territory at arms length
the United States an unfettered sovereign in
foreign affairs For If wage war success
fully we must some time become, is many think
we are now, charged with territory which it
would be the greatest folly to incorporate at
once into our Union making laws it's laws
Its citizens citizens, our taxes its taxes and
which, on the other hand, international consid-
erations and the sense Of our responsibility to
its inhabitants may forbid TO abandon.
This sets forth clearly the dilemma of those
who proclaim the old Calhoun doctrine of the
limits of Federal power. 1t shows how, if they
are right, we never can own a cOaling station
take limited possession of some savage com
munity to protect life and property without
completely absorbing it and its people into the
United States. 1t makes the protectorate which
many of them say should offer the FiIlpinos
impossible, and gives us only the alternative of
abandoning them entirely to anarchy or imme-
diately making them American citizens. 1t may
even be questioned on that theory if Cuba is not
part of the United States for it's status other
wise is purely a matter of treaty, and so far as
foreign nations are concerned it is absolutely
subject 10 the United States Unless this Gov
eminent has this power ito govern territory at
arms length in its discretion, then it must ever
be in fear lest some bit of earth should stick 10
its shoes. 1t would have to shake off it's guano
beds, every far island on which might be built
a lighthouse. II would wisely abstain from
contact with all peoples lest some of them who
could not be assimilated might by some acct
dent become subject to its sovereignty and en-
titled TO a share IN its citizenship. To what an
absurdity such a theory reduces this great
Nation!