Washington sentinel., 1901-06-01
STILL A REPUBLIC.

clear.
On the detail Of the right OF Con-
gress to levy duties on goods pass
ing between Porto Rico and the
Of the United States the
is sustained. But on
the fundamental question whether
the Constitution follows the flag
the decision is for the Republic.
The new doctrine advanced by
the Administration was that the
creature Vas greater than his cre-
ator. On this theory the President,
who owed his existence to the Con-
stitution, and who, but for the Con-
stitution, would be only plain
William Mckinley, OF Canton,
Ohio, could rule vast regions and
millions Of people outside OF the
Constitution. In Porto Rico and
the Philippines he could be a car,
reigning by his own will and re-
strained only BY collection OF
other czars called Congress.
The Supreme Court has given
that pretension its eternal quietus.
It upholds the Porto Rican tariff
true--but it does so not on the
ground that the President and Con.
gress have the power to make laws
for Porto Rico outside of the Con.
stltution, but on the ground that
making a tariff for Porto Rico is
one OF the powers they possess
under the Constitution.
This decision leaves intact all
the constitutional guarantees OF
civil liberty for the Porto Ricans.
It puts Porto Rico on a level with
the other American Territories
with Arizona, with New Mexico,
with the District OF Columbia.
1t is a little startling, Of course,
to be told that Congress may con-
stitutionally levy tariff duties
against Arizona: yet that is not a
novel doctrine. 1t has often been
advanced before, and is sustained
by the strict lettea OF the Constitu-
ton. 1t is a trivial matter COM
pared With the portentous asser-
ton that the Constitution itself has
been outgrown,
The Court has summarily sup
pressed the Presidents aspirations
to act as a dictator. Congress is
the lawmaking power, it tells him,
not he. His collection Of duties
by his own authority between the
time when the treaty OF peace was
ratified and the time when Con-
gress framed a tariff for Porto Rico
was absolutely illegal, and every
cent so collected must be returned.
The policy OF the Administra-
tion narrowly escaped total ship
wreck. Four OF the nine Justices
voted to annul the law on the
ground that Porto Rico had been
Incorporated into the United States.
A change oil single vote would
have left not shred OF the Presi-
dents programme. -Four Of the
FIVE Justices who formed the maj
ority believed that the Constitution
followed the flag, and only single
one out of the nine members OF the
Court held that Porto Rico could
be governed outside Of the Consti-
tuition.
When the Republican party was
formulating its revolutionary poll
icy OF imperial exploitation it was
said:
This Republican policy wipes
out a million American citizens
and substitutes a set OF nondescript
Citizens OF Porto Rico" What
is Porto Rico9 1t is not nation;
it is not a State-it is not even a
Territory. Is it province, col
ony, or just taxing district
Let the Republican party say no
more aboutDemocratic opposition
to expansion. It's not expansion
that is in question now, but the
preservation OF what we have.
The Republican party is trying to
shave down the United States.
The Supreme Court has answered
these questions.
Porto Rico is an American Ter
ritory. Its flag is the Stars and
Stripes. The American Republic
has not begun to contract.
There are still some important
matters left to be cleared up. The
court has not yet decided the Phil
ippine case, nor has it ruled dir
ectly on the question Of citizen
ship. The obitur dictum Of Justice
Brown, intimating that the Porto
Ricans are not citizens, cannot be
of great importance in
view Of the fact that this was the
only Justice who held that the |
Constitution did not extend to the |
new possessions.
When the decision is clearly un-