The commercial. (Union City, Tenn.) 190?-193?, 1901-05-31
ADMINISTRATIONS COLONIAL
POLICY
Sustained by the Supreme Court
Porto Rican Tariff.

OF Tic AOAAAuictA q AACh ASNAN'
Brown, Rep, Justice Gray, Rep.
Justice Shiras, Rep; Justice Nc.
Kenna. Rep; Justice White, Dem.
Against the Administrat'n-Chiei
Justice Fuller, DEM; Justice Har.
Ian, Rep; Justice Peckham. Dem.
Justice Brewer, Rep.
EXCERPTS FROM THE OPINION OF
JUSTICE BROWN.
I'VE are of the opinion that
the island Of Porto Rico is a
territory appurtenant and belong
ing to the United States. but
not a part of the United States
within the revenue clause of the
Constitution; that the Foraker act
is constitutional so far as it i'm
poses duties upon imports from
such Island, and that the plaintiff
cannot recover back the duties ex-
acted in this case.
II. That the District of Column
bia and the Territories are not
States, within the judicial clause Of
the Constitution giving jurisdiction
in cases between citizens of differ
ent States.
-. That Territories are not
States within the meaning of the
Revised Statutes, section 100, per-
hitting writs OF error from this
court in cases where the validity
of a States statute is drawn in
question.
"3. That the District Of Columbia
and the Territories are States. as
that word is used in treaties with
foreign Powers, with respect to the
ownership, disposition and Inherit
anee of property.
"a. That the Territories are not
within the clause of the Constitu-
ton providing for the creation of a
Supreme Court, and such inferior
courts as Congress may see fit TO
establish.
rs. That the Constitution does
not apply to foreign countries or to
trials therein conducted, and that
Congress may lawfully provide for
such trials before consular tribu-
nails, without the Intervention of
grand or petit jury.
80. That where the Constitution
has been once formally extended by
Congress to Territories, neither
Congress nor the territorial legis-
lature can enact laws inconsistent
Herewith.
JUSTICE HARLAN HAS FEARS OF LEG
ISLATIvE ABsoLUTIsM.
Mr.. Justice Harlan, in his dis
sentlng opinion, says
II take leave to say that, if the
principle now announced should |
ever receive the sanction of ma
jority of this court, the result will
be radical and mischievous change |
in our system of government.
1--WE will, Ill that event. pass
from the era of constitutional lib
arty, guarded and protected by a
written Constitution, into an era of |
absolutism, in respect to-
many rights dear to all peoples who
love freedom.
I'm my opinion, Congress has no
existence and can exercise no au-
.hority outside of the Constitution
still less is it true that Congress
IAN deal with new territories Just
is other nations have done or may
10 with their new territories.
This nation is under the control
II written Constitution which is
he supreme law of the land and
he only source of the powers which
'ur Government or any branch orl
'fficer of it may exercise at any
ime or at any place.
1.-The idea that this country may
cquire territories anywhere upon
he earth by conquest or treaty and ;
old them as mere colonies or prov Z
nces, is wholly inconsistent with
he spirit and genius, as well as |
nth the words of the Constitution.
1T will be an evil day for the (
american liberty If the theory of a I
outside tile supreme
Nv of the land finds Judgment in \
ur constitutional Jurisprudence" a
ENAToR BAILEY's POINTED CRIT 4
IcISMS.
"Of all the weak arguments that
7er emanated from great court, :
lie attempt to save the Foraker act
ust take first place. c
"The decision, standing by itself, 4
i'll become a source of endless mis-
lief and confusion. '
at will inevitably convince the
eople Of the United States that p
le Suprems Court holds the laws d
Congress constitutional or UNI
Institutional according as It deems b
EN- wise or inwise." N
The Best Sisal Binder Irvine 7c 4.
10. MRoGAN s. HARDY Bros.