The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-09

Executive until Congress undertakes to
govern 1t. As long as war lasts the Execu-
tive continues his rule as Commander-in-
Chief. Upon ratification of the treaty of
peace he continues his rule under his
general duty and power to execute the
laws. but a de facto civil government
pending any action of Congress for the
government of new territory. But in any
event. the new territory is part of the
UniEd States pending its definite organi-
zation under the powers given to Con-
gress.
"Sixth-As soon as the military status
ceases. and de facto civil government is
carried on. even by army officers, the civil
rule being re-established. it is subject to
the constitutional requirements. These
territories are but political subdivisions
Of the outlying dominion Of the United
States. Congress is supreme in Ieglslat-
ing fer them; ii has all the powers of the
people Of the United States. except such
as have been expressly or by implication
denied and prohibited by the terms of the
Constitution.
"Seventh-Within those prohibitions or
limits Congress has supreme power. These
limits and prohibitions however. are its
constitutional boundaries, outside of
which it may not go. The only question,
therefore. is: Has Congress ignored these
in its government Of Porto Rico-in other
words. violated the constitutional restric-
tions which lie at the centre and founda-
tion of the Federal powers?
'Eighth-The inhabitants of the ceded
territories are citizens of the United States
in the sense in which all persons owing
immediate and complete allegiance 10 the
United States ard inhabiting its terri
tory are citizens. In that sense the word
citizen is the equivalent of national or
subject
"Ninth-While the argument from the
consequences is not always the best argu-
ment. it is perhaps. in this case. owing to
its Importance. relevant The only conse-
quenee of the construction contended for
to which the Government objects is the
uniformity of the duties clause All the
other rights secured to citizens and others
within the United States by the prohi-
bitions granted by the Constitution are
admittedly applicable. The danger feared
is the possibility of the American mar
lyets being thrown open to the products Of
the ceded territories 1t is not an objec-
tion which the court can take into consid-
Grafton in deciding this case
The Dred Scott Case.
Mr.. Justice Brown. quoting the declara-
tion of Chief Justice Taney in the Dred
Scott case that the constitutional power
to regulate territories applied only to the
territory held by the United States at the
time of the adoption of the Constitution,
and did not apply to the territory west of
the Mississippi River, asked counsel If he
adopted that view.
Not at all" was Mr.. Coudert's prompt
response, although that was the idea of
the trainers of the Constitution and was
the historical Interpretation of the Con-
stitution; yet, our case does not rest upon
that II it did We should doubtless argue
on that line, which can be justified. But
we concede frankly and fully that the
United States can acquire and govern ter
ritory, the only question being how and
unaer what limitations it shall govern.
We contend that by the cession of Porto
Rico to the United States its inhabitants
became citizens of this nation and the
territory they inhabit necessarily and in
evitably comes under the Constitution"
That Porto Rico was not foreign coun-
try, Mr.. Coudert said. was clearly shown
by the language Of the Foraker act which
differentiated Porto Rico and foreign
countries. as an existing fact. He quoted
Justice Storey's definition of a foreign
port to be that of a country which had
no dominion in the United States. Porto
Rico being a part of the United States,
the Dingley law could not be applied TO
the Importation of goods from Porto Rico
TO any port in the United States.
Mr.. Coudert discussed at some length
what, replying TO Mr.. Justice White he
characterized as an elementary PROPOSE
ton that while the nation is restricted
only by the physical force of other ma
tions, the Government of that nation. its
rulers, may act only within the limits
set by the people of the nation in the CON
stitution- IN the confusion growing out
of careless aommingling of these two
facts, he said, had arisen the contrayen-
ton of them. illustrated by the declara-
uoa in the opinion of a judge in a court
below, that this Is "a crippled nation
Discussing the term of United S,ates.'
Mr.. Coudert argued the fact that the ord
nance for the government of the North
west Territory was under consideration at
about the same time the Constitution was
being framed. that the trainers believed
that the terms United States, in some con-
nections, at least, meant the entire terri
tory over which the flag few. The words
were used several times in the Constitu-
tion, he asserted in the sense which he
had contended for ii.
In this connection. Mr.. Coudert recalled
the fact that by the act of 1895. courts in
the Northwest Territory we're empowered
to naturalize citizens of the United States.
so that if the contention of the Govern
ment officers be correct" he added, I'VE
have the astounding anomoly Of courts To-
Gated in territory tpi eign to the United
States, authorized to make citizens of the
United States, of people who had never
been residents of it
At this point without concluding his ar
gument, Mr.. Coudert gave way to adjourn
Tnenf of the court.