BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1901-12-16
SAN JUAN, DECEMBER IS
Editorial Comment.


decisions Of the Supreme Court in the
insular tari6 cases, the last Of which was
handed down on December 2ud, 10 that the
constitution does NOT follow the nag er
pYoprio viaore. We have heard the last
thas No shalt ever hear Of that curious con
tention II never had any foundation IN
Law. Not single decision OF NE Supreme
Court, save that In the Dred Scott case,
could be cited in support Of It, while On
unbroken line Of decisions could be cited,
oil tending TO establish the came principle
that these decisions in the insulAr cases
have now affirmed, nsmely, that the pow or
20 legislate for conquered territory ID purely
. political one, and ~ such 10 to be exercis.
cd ezclusively by congress ~ an act OF
sovereignty. The decisions in oil these nes
cases agree in affirming this principle. The.
sll make the distinction between territory as
"s part Of the Uuited States and territor,
"belopging to" the United States, holding
thx. tue latter is really outlying territory,
aDd I'D such to ba legisisted for BY congress-
as t6as body secs fl.
Our best conutuucls! authorities have
held this view from tho start. We have
before 10 . private letter from ons of cur
ahleas federal judges now upnn the bench
written in OctOber, 1899, uhen this suhjsc.
1Hst arse, in which occurs this passage:
sslt 10 safe to say that if congress decides
20 bold this new erritory as dependencies
aod to legitlste accordingly the courts will
have no difficulty in sustaining the new
Laws. For my part, while opposed to tEiP
Whol4 business Of annexation and of foreign
conquest for ultsrior Objects to be determ,n
- Gsns5siy IS saS pI0poSitiOn fkaf conquered
territory did not by the meie fact Of mill
tary sceupation become part OF the CON
B)lidati0n OF state and territories which mskt
up our federal union; and the question how
long such military occupation snail continue
-ten months or ten years, or tweDty-
one to be determined BY the political bran
ches Of The government - IN act Of severe
ignty. When determined it will not ht
It'ped up BY the courts any more than Va,
tie statute excluding Chinese and Other
imm'grAnts.D
That is the position that the Mckinley
administration maintained, and 1t has nov
been upheld BY the courts in every instsrce
The anti-imperialist contention that the
clause Of the constitution which declares
that oil duties, imposts apd excises shall b+
uniform thoughout the United States, exte, .
ded b. its own forcs to ell our new posses.
siOns, and that no power on earth, congress
or Cther, could prevent IL without violating
the constitution, has been rejected BY the
Supreme Court In every case. II never
had leg to stand on, and it will never
attempt to stand again. Il had ito origin in
. desire for ''troublsn. Its advocates were
not exercising their minds % constitutional
lawyers, but - haiers of Mckinley and bis
administration. Tkey hoped that by forcing
ell the new possessions into the Unlted
States, to be treated txsctly % ii they were
really states or territories uEdsr the Prov
sions Of the constitution applying to existing
states and territories, We shoald become
involved In such endless complications 81 d
snnoyanees that the people would lose
oil patience and demand that the results OF
the war be repudiated and the Philippines
stunned IoosbD TO take care Of themselves
This business Of internreting the constitu.
tlcn according to your prejudIces and desires
rather than IN accordance with the esta
blished procedure Of the Supreme Court for
century or more 10 Of doubtful value for in
the end you must 90 through the perfor
nance known ss s.seking wssofn. aud that
u never pleasant operation. In the csss
Of these new ssconsrtution follows the.h .QD
contention is the fate Of oil other counts 10
the anti.imPerislist indictment Of the Nc
k'nIey administration. Every one Of them
has been s'thloMn out Of courp Nv th+
American people, and every one Of them
has been abandoned By their champions.
who ssk uothing 90 earnestly now q to have
tkeir former advocacy Of them forgotten
The country moved steadily and fsp,dl, |
away from them, leaving them standing b,
the wassids ard yelling 10 shriIler tones =. |
they cav the procession fading away in the |
disssEce. They kept mp their cries prett,
wsll TIL Mckinley died, bus slnes then no: |
. pssp iias been heard beyond an occasional
mosn oi anguish over the tsadenoy Of the
humsH race 70 wOIk its own rain.