The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-05-27
NEW HAVEN MORNING JOURNAL COURIER. MONDAY MAY ~ 1901

people of the island, are left to find a
determination of their status In con-
| gressional action. The people Of Porto
| Rico, instead Of being incorporated into
| the Union by the treaty, are left In sta
tn quo. Nor has there been any extern
sion Of our laws or institutions to the
jisland. But at least one of these acts,
brought about either by treaty or legis-
lation, is necessary before any change
| or status, before any application of the
Constitution to Porto Rico. Until then
the island remains, to use the language
of the Supreme court, part of the Uni
ted States, but still foreign country"
1t is strongly urged by way of objec-
! ton to effectVating the language and
| real intent of the treaty that the United
States has no constitutional authority
to hold sovereignty over subject terri
| tory which it does not make part of it
self under the Constitution. This prin-
ciple is attempted to be deduced. not
from any general impossibility of own
ing territory without Incorporating 1T
as part of the sovereign nation, but
from the peculiar limitations claimed to
exist upon our own sovereignty. Other
nations rule and exercise full authority
over lands which they in no way annex
to themselves as an integral part under
their organic law. If the United States
is to be denied this common attribute
Of sovereignty it must be admitted that
the Treaty Of Paris is so far forth ,ln-
constitutional. But If our nation has
this power In common with other ma
tions then the treaty is valid.
We have seen that before the Treaty
of Paris Porto Rico was a foreign coun-
try and by the Treaty of Pars it's polit-
ical status was to remain unchanged
until congress should act Until con-
gress fixes its status otherwise, Porto
Rico, so fa~ as regards our Constitu
ton, is foreign country. That 1t was
so at the time Of the treaty cannot be
denied wit hout running counter to the
authority of the decision of the Supreme
court in Fleming VS.. Page, supre.
That the treaty. if valid, left the con-
stitutional status of the island un-
changed cannot be denied wit out doing
violence to the meaning of it's expressed
terms and adopting a construction
which fails to give effect to all parts of
the instrument.
The only remaining ground upon
which 1t can be urged that Porto Rico
status has been changed is that the
treaty is unconstitutional Thus far in
the history Of our country no treaty
has ever been adjudged invalid on this
ground. A treaty is not only the law
of our land, but also contract of the
ypit rot with mr.
court would not be justified IN overrul-
ing the act of the treaty making power
unless it's reasons for so doing were
strong and imperative.
The sole constitutional question is
this May our government by treaty
accept the title of and sovereignty over
territory and at the same time preserve
it's status as foreign country so far as
internal relations to us are concerned?
Can we, in other words, hold sovereign
ty over territory without Incorporating
it into the United States? Counsel for
appellant, In arguing that Porto Rico is
portion of this nation, rely chiefly on
the case of Cross VS.. Harrison, 16 How,
1874. They claim that 1t was there deci
ded mot only that territory ceded by
treaty of peace becomes part of the
nation to which 1t is annexed but that
it ceases to be foreign country within
the meaning Of the tariff act so that du-
ties accrue under such an act upon
goods brought into it from abroad" 1t
is extremely doubtful whether such
doctrine can be deduced from that case.
If 1t were to be assumed that such
might be the effect of an unqualified