Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28

law of the land and therefore by the full
1illment of such conditions cause incorpOra-
ton to result.
1T must follow therefore. that where
treaty contains no conditions for inCOrpora-
ton. and, above all. where it not only has
no conditions, but expressly provides to the
contrary, that Incorporation does not arise
.until in the wisdom of Congress- II is
deemed that the acquired territory has
reached that state where it is proper that
II should enter and form a part of the
American family. Does then the treaty in
question contain provision for incorpOra-
.tion, or does it not, on the contrary, stipu-
late that Incorporation shall not take place
from the mere effect of the treaty and
until Congress has determined? Is then
the only question remaining for considera-
ton.
In what has preceded I have In effect
Considered every substantial proposition,
and have rather conceded or reviewed
every authority referred to as establishing
that Immediate Incorporation resulted from
the treaty of cessiOn which Is under con-
sideratiOn. Indeed. the argument in favor
OF the view that immediate incorporation
followed upon the ratification of the treaty
In Its last analysis. necessarily comes to
this: Since 1t has been decided that in
corporation flows from a treaty which
provides for that result, when its provi-
s1ons have been expressly or implicitly ap-
proved by Congress, it must follow that
= the same effect flows from treaty which
expressly stipulates to the contrary, even
although the condition to that end has
been approved by Congress That Is to
say. the argument Is thus: Because pro-
vision for Incorporation when ratified in
corporates. therefore provision against In
corporation must also produce the very
consequence which it expressly provides
against.
The result of what has been said is
that whilst in an international sense Porto
Rico was not a foreign country since II
was subject to the sovereignty of and was
owned by the United States, 1t was foreign
to the United States in a domestic sense
because the island had not been incorpo-
rated into the United States but was mere
" appurtenant thereto as a possession AS
necessary consequence, the impost in
question assessed on merchandise coming
from Porto Rico into the United States
AFTER the cession was within the power of
congress- and that body was not, moreover
as 70 such impost, controlled by the clause
, recurring that imposts should be uniform
throughout the United States; in other
words the provisions of the Constitution
Just referred to was not applicable 10 Cow
gress in legislating for Porto Rico"
Political Question.
In concluding. 1t was said that the oues
tion when territory was to be Incorporated.
that Is. made part of the United States
by comforting upon 1t the benefits and ad-
Vantages Of American citizenship. was a
political question, to be determined by the
american people. speaking through Con-
gress. and that, whatever might be the
opinions as 10 the dangers to arise from
acquiring territory those dangers
even If they be conceded, would not Justify
the Judiciary usurping the political powers
OF the government
1t was. moreover, said that even If the
courts would forget their duty and usurD to
themselves political power no good yo,,ld
cone from il. because the court had re-
Gently decided unanimously in the NeeIy
case that, although Cuba had come under
the control and administration of the
United States, and. therefore, under it's
sovereignty, that it was not a part of the
United States. not contained in the treaty
but declared by Congress before the war
with Spain.
Holding Acquired Territory,
1T follows from this decision that it is
lawful for the United States to take pos
session of and hold in the exercise of its
sovereign power a particular territory.
without Incorporating it into the United
States. If there be obligations Of honor and
good faith which. although not expressed
in the treaty, nevertheless sacredly bind
the United States to terminate the domin-
Ion and control when, In It's political dis
erection, the situation Is ripe to enable IL to
90 So Conceding, then, for the purpose OF
the argument. II to be true that it would DE
violation Of duty under the Constitution
Tor the legislative department, in the ex-
erclse of its discretion. to accept a cession
OF and permanently hold territory which is
not intended to be Incorporated the nre-
sumption necessarily must be that that de-
partment. which within it's lawful sphere Is
but the expression Of the political con-
science of the people OF the United States
Will be faithful to its duty under TIE Con-
stitution. and. therefore when the unit
ness of particular territory for incorpora-
ton Is demonstrated the occupation will
terminate. L cannot conceive how II can
be held that pledges made to an alien neo-
pie can be treated as more sacred than is
that great pledge given by every member
or every department Of the government of
the United states to support and defend
the Constitution