Gardnerville record. (Gardnerville, Nev.) 1898-1902, 1900-03-13
NEWLANOS ON
CONSTITUTION.
Views On the Question Of
Revenue Laws for Puerto
Rico.

To the Committe on Ways aud Means
In concurring with the minority report
/ submit the authorities aud the reason
ing which, in my judgment. sustain the
yisw whitch the prohibitions and limita
tions OF the Constitution apply to the
powers of Congress IN all Legislation,
and that the Constitution. tx propriu
vigors, applies to all territory belonging
to the United States.
The question referred to your com
mittee is As to the meaning of the term
"United Estates" in that provision OF
duties. imposts, and sxcises shall be
uniform throughout the United States
viz, whether it includes only the States
composing the Union or whether it also
include, the territories belonging 10 the
United States.
The purpose OF the inquiry is to as
certain The status of Puerto Rico and
the Philippine Islands in their relation
to the government OF the United States.
The government OF these insuar pos
sessions. outside Of the temporary mil
itary government at present maintained
and conducted by the President rs Com
mander in Chief OF the Army, must he
framed by the Congress OF the United
States. aud the question is whether the
Congress has free hand in all legisia-
ton relating To such islands and can ex
ercise without limit, all powers of soyer-
eighty. ,or whether tho constitutional
limitations aud prohibitions apply to
such legislation to the same extent that
they do to Federal Legislation operative
within the area OF the States composing
the Union.
1t may bs conceded nj the outset that
the United States may acquire territory,
either under the treaty making power
or the war power of the Constitution, or
by virtue Of its general powers of soyer-
signit, AS n nation, and that the power
to govern the acquired territory results
from the right to acquire. aud also from
that provision OF the Constitution, see
ton 3, Article ~, which declares: The
Congress shall havs power to dispose ot
aud make all nssdiul rule. aud rezaint
ton. respecting the territory or other
property belonging I" the United States
The term United States may be used
in two seusss s--one, political, and relat-
ing only to tie Government; the othor
geographical, and relating to the area
governed.
In the political SENSE, the term United
States, means simply the States oompos-
ing the Union, for ia the people OF these
States is repossd all governing power OF
a Federal nature. The, alone select the
the President: they alone select the
State les sislstnres, which select the Sen
ate; they alone select the House OF Rep
resentatives: they alone select the law
making and law executing branches OF
the Government, through which the
Supreme Court aud other inferior courts
provided for by the Constitution Are or
gsnizsd ind established.
The United States which governs con
sists Of the States composing the Union;
the United States which is governed
consists Of the entire domain Of the
United States, territories as we'll as
States.
The government of tho United States
is u limited sovereignty. controlled by
a Constitution which grants certain
powers. limits others, and prohibits
others. The granted powers, the limited
powers. the prohibited powers, and the
powers reserved to the States and the
people il all massed IN the one sovsr-
signty, would make depotism.
The Congress of the United States Is
the creature OF the Constitution. All lis
powers are created b., the Constitution.
and il any limitations are imposed upon
its powers in general terms, they must
bs applied Ia all Legislation which II
originates: and such limitations will not
be confined to that part onl. OF its legis-
latiop which relates to the States com
posing the Union. The Congress OF
the United States was not to be de-
potism in some parts Of the Union aud
a body of limited constitutional power
in Other parts.
So. also. with references to the powers
prohibited to Congress, and So, also, as
to tie powers denied to the States. 1t
is possible to believe that the Constitu'
ton contemplated the exercise OF powers
by territory, acting under Congress
sional authority, which are deuied to a
State.
The Constitution OF the United States
was the compact of thirteen States
rorme,l, colonies Of Great Britain, which
had revoltsd against the mother countr,
byesule ~ exercise OF despotic power
rega ding the lives, the Liberties. and
the property of its subjects. E4ualit,
Of rights, the right to life, Liberty auc