The Saint Paul globe., 1900-03-08
DAVIS AND PUERTO RICO.

IL mas diready become quite evident
that the plan advanced by Senator Davis
for the establishment of free trade with
Puerto Rico will be no more effective or
more generally acquiesced in than anv
other Of the remedies which have been
proposed.
We can all afford to give to the senior
senator from this state the credit Of
sincere belief In the legal and constitu-
tional proposition which he accepts. that
Puerto Rico has not become by the fact
or its acquisition subject to the provts-
Ions of the federal. constitution. Nor are
we disposed to attribute to him any mere
purpose TO help his party administration
Out Of a very deep hole Yet It is to be
said that his measure does little if any
thing more than merely beg the great
Question now at issue between the coun-
try and the administration.
So far as his measure may go to secure
to the people of Puerto Rico certain of the
advantages of being members of the
American political confederacy, pending
the final determination of their exact
constitutional status. it is worthy of ap
proval We can all readily understand
that in case the supreme court should
decide that the constitution does not ex
tend to the island. and, going further.
should declare that such extension might
not be effected by any process short of an
amendment of the constitution itself. the
measure of Senator Davis would be eff
fectiNe for all present purposes. But in
any other contingency it will be found
to leave the issue as to Puerto Rico pre-
cisely where it is at this moment
According to the view of the Globe
the contention of Senator Davis and Of
the president himself, notwithstanding
his free trade recommendation, is an en-
bodment of naked imperialism. If the
constitution does not extend to the ISL
and there can be no constitutional war
rant for either acquiring or holding it.
The articles of confederation provided
that no colony should be admitted to the
United States without the consent of at
least nine states; but they also declared
that Canada, on acceding to the confed-
Grafton and joining in the measures of
the United States. might be admitted
into and entitled to all the advantages
of the Union. Does not article 4, sec
ton 3. of the constitution, provide a sub
stitute for that provision? Let us quote
that section. Here it is:
New states may be admitted by the
congress into this Union; but no new
state shall be formed or erected within
the jurisdiction of any other state nor
amy state be formed by the junction of
two or more states or parts of states,
without the consent of the legislatures of
the states concerned. as well as of the
congress.
THE congress shall have power to dis
pose OF, and make all needful rules and
regulations respecting the territory or
other property belonging to the United
States. and nothing in this constitution
shall be construed as TO prejudice any
claims OF the United States or of any
particular state"
In order to give congress jurisdiction
at all, the island in question must he
either territory or ''other property" of
the United States. Under which designa-
tion does Senator Davis bring the island
of Puerto Rico in order to enable him To
make provision by law such as he ESSAYS
in his measure? If it is as TERRITORY.
then there is an end of the matter. If
we are to regard it as "other property"
as distinguished from territory" then
indeed must We apply quite lattitudinarian
standards Of construction to that instru-
ment. 1t certainly must be either or
Senator Davis would not commit him
self 10 the contention that congress has
jurisdiction one way or another, un
less he is willing to adopt, in all the sig
nificarce attached to it by those who
We're willing to seat Congressman Rob
erts. me action of the house in rejecting
that gentleman's certificate of election
and refusing to concede his prinl facie
right to a seat-a course of conduct
which as good constitutional lawyers as
Senator Davis feel at liberty to charac-