The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-02-10
JOHN MARsHALL,s DEF1N1rIox.

celebrated the anniversary of the great
expounder of the constitution-Chief JUS
tce John Marshall. Upon his interpre-
tations of the nations organic law are
aid-the foundations of the republic It
was Marshall who took the United States
when it was a loosely bound aggrega aon
of jealous states and fused 1t Into
nation with big M His long and la
borious life at the head of the supreme
bench, at the dawn Of our constitutional
existence, when everything relating
to the constitutional powers of
the republic was uncertain and
chaotic, has had more to do. no
doubt. with the orderly and successful
career of the American republic, than
any other one fact since the adoption of
the Declaration and the constitution.
1t is interesting at this time to turn
back the pages of the supreme court re-
ports to see what John Marshall had
to say in regard to the constitutional is
sue which now agitates the nation, di-
vides congress, and at length has come
before the supreme court for decision.
Does the constitution follow the flag?
Are the territories part of the republic?
Does the constitution extend to the ter
ritories? Are the territories and their
citizens entitled to the constitutional
guarantees? Or, are the territories merely
colonies subject to the absolute will of
the government without constitutional re-
straint, and the people subjects without
constitutional protection? Let us see what
light is thrown upon the problem by
Chief Justice Marshall
All Of these questions hang upon one,
namely: Does the constitution extend to
the territories? Another form of the same
question IS this: Are the territories part
of the republic created by the constitu-
ton? Or, are the territories part of
the United States, of which the con-
stitution is the supreme law? This ques
ton Chief Justice Marshall speaking
for the unanimous court, decided In clear
eeAAN OAiip11chC1C IcAl5udS eighty Years ago.
The question arose in the matter of the
taxation of the District of Columbia. 1t
was held by one of the parties to the
suit, that the District of Columbia was
not taxable under the provisions Of the
constitution on the ground that it was
not part of the United States 1t there
fore devolved upon the court to define the
term-'United States" Chief Justice
Marshall did so with the unanimous con
currence of his colleagues.
John Marshalls definition Of the Unit
ed States" was as follows: "It is the
name given to our great republic. which
is composed of states and territories"
The great chief justice continued: ',The
District of Columbia, or the territory
west of the Missouri, is not less within
the United States, than Maryland or
Pennsylvania. 5-,tf.,
This grant is general declared John
Marshall, in regard to the tax-power Of
congress, in section s, article 1. without
limitation as to place. 1t consequently
extends to all places over which the gov
piled to our situation today, the consti-
tutional provision in regard to uniform
taxation extends to Porto Rico and the
Philippines, as to Pennsylvania and Ohio.
This famous case, which has been
landmark of constitutional Interpretation
for over quarters of a century, is
that Of Loughborough versus Blake Is
Wheaton, BID. The following excerpt
from that great decision is worth pastfng
in the hat Of every man who is inter-
ested in this crucial issue of the repub-
nc
The eighth section of the first article
gives to congress the power to Law and
collect taxes. duties, fmposts and excises''
for the purpose Hereinafter mentioned.
This grant is general without limitation
as to place. 1t consequently extends to
all places over which the government ex-
tends. If this could be doubted. the
doubt is removed by the subsequent
words, which modify the grant. These
words are: But all duties, imposts and
excuses shall be uniform throughout the
United States.' 1t will not be contended
that the modification of the power ex-
J0TQS places 10 winch the power Itself
does not extend
The power, then, to lay and collect du-
ties, imposts and excuses may be eXer-
cised, and must be exercised, throughout
the United States. Does this term deSig-
nate the whole or any particular portion
of the American empire? Certainly this
question can admit of but one answer. It
is the name given to our great republic,
which is composed of states and terri
tories. The District of Columbia or tia
territory west of the Missouri is not less
within the United States than Maryland
or Pennsylvania, and 1T is not less neces-
sary, on the principles of our constitu-
ton, that uniformity in the imposition of
imposts, duties and excses shall be OBJ
served in the one than the other.
According to this decision of eighty
years ago, Porto Rico today is entitled
to the guarantees of the constitution in
regard to taxation. BY this decisions the
territory of Porto Rico is part of tho
United States and is under the aegis
of the constitution, and congress has
no constitutional power to levy tariff
taxes against it, any more than against
one-of the states
It is a subject of regret. that 1t remains
for a Minnesota congre ssman, when I'M
able to get around the decision of Chef
Justice Marshall, to raise an undfgniled
and Illogical argument lad hominen"
and attempt to belittle the greatness of
MarshaIl's decision by speaking on the
floor of congress with studied contempt
of ''the mere dictum of John Marshall. -
It is safe to say that "the mere dictum
of John Marshall, will stand cut in the
nations history as greater power in
the republic than the labored efoquence
of all the politicians who have exhibited
their smallness Of calfber by bark ng at
the great jurist.
|. The only room for argument In regard