The Opelousas courier., 1901-06-01
Insular Cases Decided.

| Liz u OulIcu SIdLCS OuplCllC
Court, after several months de-
liberation, on Monday handed
down its decisions in all but two
of the much talked of "Does the
constitution follow the flag ?"
cases, involving the relations Of
our new possessions to the con-
stitution and government of the
United States. The two cases
not decided involved the eXporta-
tion of goods from the United
States to Porto Rico and the inl-
rortation of goods to the United
States from the Philippine Is
lands. The Court adjourned on.
Tuesday until next October with
out having decided these eases.
The two cases which attracted
the greatest share of the Courts
attention and which were decided
Monday were known as the De-
Lima and Downes cases.
The DeLima case involved the
power of the government to col
lect duty on goods imported
to the United States from Porto
Rico, after the ratification of the
treaty of Paris (by which Porto
Rico became a possession of the
United States) and prior to lthe
passage of the Foraker act, which
act provides that a specified duty
shall be collected in the ports of
the United States upon imports
from Porto Rico and like duties
shall be collected in Porto Rico
upon merchandise shipped from
the United States to that island.
The case in point was that shortly
after Porto Rico had been ceded
by Spain to the United States, Il
quantity of sugar was shipped
from that island to New York.
The Collector of Customs col
lected upon it the ordinary duty
on foreign sugar. The duty was
| paid under q protest, based upon
the claim that Porto Rico, being
a part of the United States, had
a right to send its products to any
other part of the United States
free Of duty. This claim was up
held by the decision of the court,
which declared that Porto Rico
became part of the United
| States as soon as the treaty of
Ipeace was ratified.
| The Downes case involved the
power of the United States to
collect duty on goods imported
to the United States from Porto
Rico since the passage of the
Foraker act, the contention being
that as Porto Rico was part of the
United States, the Foraker law
4 was unconstitutional. The Court
sustained the government in en-
forcing the law imposing the duty,
saying:
"We are Of the opinion that
the island of Porto Rico is ter
ritory appurtenant and belonging
to the United States, but not a
part of the United States within
the revenue clause Of the consti-
tuition; that the Foraker act is
constitutional, in so far as it im-
poses duties upon imports from
such islands. y
Taking the two decisions to-
gether we have it that in the abb
sence of legislation on any matters
appertaining to the affairs of our
insuIar possessions, the general
provisions of the constitution
are the basis of their regulation,
but that such territory is wholly
in the power of Congress and is
subject to any laws that Congress
; may make.
! This means that the constitution
does follow the flag into new
territory conquered or other
:. wise acquired by our republic, but
that Congress has the power to
, withdraw it at will; that the
people of our new possessions are
not citizens, but subjects of the
United States; that government.
. in their case, will not exist by the
consent of the governed, but by
the will of the governor; that the
old gag about all people being
: born Stree and equal is all bosh
! and that the principles advanced
: by our fore fathers and sanctifiec
,, bv the blood Of countless heroes
and under which our country has
grown to be the crowning glory Of
,.lmodern times, are being set aside
! "a NO ora driftinr from a dem