The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1901-06-11

pdE6 Of tbo
United States it became p 0"0
sion of the United States NJ
United States can possess terr; 1D0
which is not incorporated IN 10y
made a component part of the NoE
The clause of the Constitution ~
"all duties, imports, and exoir1
shall be uniform throughout 49,
United States" does not aDnlr
Porto Rico, because Porto b..
though belonging to the Unita3
States, is not a part of the Init
States. Therefore the Foraker 49,
levying duties on certain imDor+o
tions from Porto Rico into the Unit,
States is Constitutional, Conpro.,
acting within it's own rights. Rrt
the question whether the other cIansa
of the Foraker Law, levying dDtioo
on goods imported from the Uni+oa
States into Porto Rico, is Consists
tional OF not, the Court has not do
cided.
It is, of course, this third princin1a
that Porto Rico is a possession and
not a part of the United States
which is the most important and
far-reaching. It is unfortunate that
it is adopted by the Court by d ma.
jority of five to four it is fortunate
that the dividing line is neither M.
litical or sectional.
We doubt whether any decision of
the Supreme Court since the forma.
ton of the Constitution has been
more important. It decides that the
United States may own TERRITORY
which is not a part of the United
States, and may govern dependent
peoples who are not citizens of the
United States. It gives the Nation
a free hand in dealing with foreign
problems. It leaves the people Of
the United States absolutely free to
determine by general considerations
of expedienCy and humanity whether
the Nation shall have colonies or
not. It removes all constitutional
hindrance to expansion and colonial
ton. It leaves Congress in it's legis-
lation for foreign colonies limited
only by such express provisions as
declare, for instance, that econ,
gaess shall make no law respecting
an establishment of religion or pro.
hibiting the free exercise thereof"
O by such limitations on it's powers
as by necessary implication result
from the Constitution of a free peo-
pie organized under a republican
form Of government.
The significance of the decision is
made even clearer by the dissenting
opinions, since they emphasize the
issue before the Court. For this
reason the decision is more signif.
can't than if it had been unanimous,
or if the dissenting opinions had
been vague or feeble, a charge which
can certainly not be brought against
them. Justice Harlan makes the
issue perfectly clear:
"In my opinion, Congress has no
existence and can exercise no au-
thOrity outside of the Constitution.
Still less is it true that Congress can
deal with new territories just as
other nations have done or may do
with their new territories. The Ma
ton is under the control Of a written
Constitution, which is the supreme
law Of the land, and the only source
of the powers which our government,
or any branch Or officer of it, may
exercise at any time or at any place.
The idea that this country may &C
qutre territory anywhere upon the
earth, by conquest or treaty, and
hold 1t as mere colonies or provinces,
is wholly inconsistent with the spirit
and genius as we'll as with the words
of the Constitution"
The negative Of this position IS
now the law Of the land. For the
decision of the Supreme Court de-
what is Constitutional, and
to that extent makes constitutional
the policy it approves and the Su-
preme Court has now decided that
can deal with new terri
tories substantially as other nations
have done with their new territories,
and that this country may acquire
new territory anywhere by conquest
Or treaty and hold it as mere colon
les or provinces. 1t now remains
for the people to determine whether