The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-10


and before the Porto Rican act.
Reduced to a legal proposition" h
4 said, the denial CT the power which is be
1 ing exercised by the President and by Con
2 gress in the new Territories. amounts It
this; Coded territory becomes by the &C
OF cession an integral part of the Cnitet
States, to which the Constitution of IL,
own force at once applies. placing it,
people, its products. and its ports on pi
immediate equality with ours and con.
ferring upon them all the rights, priv
leges and immunities enjoyed under III,
Constitution by the people, the products
and the ports of the several States More
over. the limitations of the Constitution
! apply there as here. requiring the same
taxes, imposts, duties. and excuses to be
collected and the same AngloSaxon sys-
tenn OF trial by jury to be used. Their
people become at once our people, citizens
of the United States; our ports become
their ports, and our markets their mar
kets; they are free to come here or TO
sell their products here. while our taxes
and our laws, however unsuitable, must
go there.
An UnmistakBble Doctrine.
There is nothing obscure about this
doctrine. 1t is plain and unmistakable.
The act of cession is all powerful, its eff
feet immutable AS soon as the title passes
United States, and the Constitution, ex
proprio vigore, does the rest. The propo-
! sition is true as stated or not true at all
Either the mere act of cession, irrespec-
I tive of the terms of the treaty, and re-
CARELESS of the action of Congress- makes
acquired territory part Of the United
States in the constitutional sense, or 1t
! does not. If it does, the treaty making
! power, in acquiring territory, is necessai-
) lily limited to providing for the mere act
/ of cesslon. Ii can make no terms; it can
not take temporarily or professionally, or
for this purpose or that; it can give no
! pledges; it can grant no privileges; IL can
reserve no questions for future DISPOSE
ton; in short, although called the treaty
/ making power. and granted without limita-
ton, it is stripped of its proper functions;
it cannot treat; it is lame, impotent, i'm
possible, ridiculous
'On the other hand If the territory does
not. by the mere act of cessiOn. become
Immediately an integral part of the United
States in the constitutional sense, of neces-
sity the provisions of the treaty and the
action of Congress must determine wheth
er it shall or shall not become or be
deemed part of the United States, and, if
ever, when. In other words. the acquired
territory becomes not a part, but pos
session, OF the United States, territory be-
longing TO the United States, and its dis
position and government rest under the
Constitution with the treaty making power
and with Congress. The President cannot
extend the boundaries of the United States.
1t takes the legislative power to do so, and
it may do so upon what terms it deems
best.
In the noted case of Fleming vs. Page.
Chief Justice fancy says that the United
States may demand the cession of terri
tory as the condition of peace to in
4.
have suffered. or to reimburse the Gov
eminent for the expenses of the war. If
the territory may be acquired for such |
purpose, it certainly may be taken and
held upon such terms and conditions as
may be proper and necessary to carry the
purpose into effect. Territory acquired I
to indemnify and reimburse may be taken |
and held as pledge or as a possession, /
Professionally or indefinitely, with the re-
served power of disposition and control 4
suitable to accomplish the desired end. /
To incorporate such territory into the 1
Union and make 1t a part of the United |
States would defeat the very object of the /
acquisition. Once there, IT would have |
to stay, for no power exists within the |
Union to dismember it.
IF Chief Justice fancy was wrong. and /
we cannot take territory sub modo. to in |
demnify or reimburse us, but only to make |
ii part of the United States, then before |
the President carries a war into the en- |
emy's country he should send a commits |
sion ahead of the army to ascertain and !
report whether the territory he proposes I
to invade and conquer is fit to be made
part of the United States, for neither the |
treaty-making power nor Congress can !
prevent that result If concession fol- |
lows conquest Before the President sent /
Dewey TO Manila he should have satisfied
himself that the Philippines were suitable
sy,+1 fhn Int for
could destroy the Spanish power there
only at the risk Of having TO assume the |
burdens of sovereignty ourselves.
status of Acquired Territory.
Mr. Justice Brown asked if territory
acquired by conquest remained foreign
territory. TO which the Solicitor General
ed that it did, until Congress acted !
for tariff purposes.
The Harrison case, the Justice
said. did not present the same question
as that in these cases-the collection of
duties upon goods sent from a port Of
the United States to California.
THAT is true, responded the Solicit
tor General, but the court in that case
said that if the military government had
admitted the goods in question free of
duty. they would have been subject to
payment of duties when they reached a
port of the United States"
The Treaty of Paris, said Mr.. Richards.
was unique, in that, while in the previous
treaties of like nature, provision was
made that ultimately the civilized in
habitants should become citizens of the
United States, it left to Congress the de-
of the political rights OF the
people. Mr.. Richards discussed the mean
ing of the term United States, asserting
that it may mean the territory which
governs, or the territory over which the
government extends. The former is the
the latter the interna-
tional. or legislative sense.
Mr.. Justice Peckham asked counsel if
he knew a case where that distinction
had been made.
Mr.. Richards said that in the case of
Hepburn VS.. Eisey it was directly held
that while internationally the District
Of Columbia was a State, it was not a
State in the constitutional sense.
Several members of the court evinced
great interest in this point, and asked
questions regarding the counsels' conten-
ton. Mr.. Richards summed up his posi-
ton by saying that the territory over
which Congress could exercise the taxing
the dominion of the United States. while
the uniformity clause was limited to the
States.
MIR. Justice White suggested to counsel
hat there was a difference between Ter
ritories and territory; between the Ter
-itories in which Congress had establish
I'd n government and the territory of the
United States. respecting which, the Con
5titution said Congress could make reg
llations and dispose Of
Recurring to the decision in the case