Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-05-31
SENATOR FoRAKER's VIEWS.
He Says the Decisions are a Com.
pIete Vndicaton of Republican
Doctrine

Doctrine.
Senator John b. Foraker says in a
statement prepared for the New York
Herald:
In order that the decision may be fully
understood, it is necessary to bear i'm
mind that Porto Rico has passed through
three distinct periods that have relation
to these cases. In the first place, prior
to the Spanish American war. Porto
Rico was a province of Spain. and, as
such, foreign territory in every sense of
the word. The island remained foreign
territory in a legal sense. notwithstand-
ing our. conquest and military occupation
and government, until the ratification of
the treaty of peace. when il ceased to be
foreign territory and became a possess
sion of the United States Being de-
pendencY of this country. it was domes-
tic territory as contradstinEuished from
foreign territory.
1t is domestic territory still but it un-
derwent a further change in it's legal
relation to this country when Congress
enacted the law of April l.. 1900. proVid-
ing civil government and tariff duties
for the support of the same. Since
April u, 1900 it is territory belonging to
the United States. with respect of which
Congress has enacted legislation fixing
the status of its inhabitants providing
a government for them and providing
also. for the necessary revenues to sup
port the same. Between the ratification
of the treaty of peace and this legisla-
ton of April L. 1890. it was territory Of
the United States with respect to which
Congress had not exercised any power
Whatever by legislation or otherwise.
What the court decided was that while
we were occupying Porto Rico, prior to
the ratification of the treaty of peace, it
was foreign territory, and our occupation
and government We're military, and all
that was done was in the nature of a
military necessity and valid on that ac-
count; that from and after the ratifica-
ton of the treaty of peace it was no
longer foreign. but domestic territory,
within the meaning Of our tariff laws,
according to which tariff duties can he
collected only on importations from for
eign countries, and that, consequently.
the duties collected on imports from
Porto Rico after the ratification of the
treaty of peace and prior to April 70,
1900 when Congress first legislated, We're
Illegally collected. Illegally collected,
however, not because Congress was
without constitutional power to impose
such duties on importations from Porto
Rico, but because during that period Con-
gress had not so legsated
The third proposition decided by the
court, and the one of supreme import
ance. was that Porto Rico, being a ter
ritOrV of the United States, is not a part
of the United States, but only territory
belonging to the United States. and that
il is therefore within the constitutional
power of Congress so to legislate with
| respect to it, including the imposition OF
of tariff duties. as it may see fit, and that
Congress having so legislated on April
| - 1900 the provisions of that law are
valid and to be upheld and enforced. In
other words, the effect of the decision is
| that the constitution does not follow the
| flag and that Congress has plenary pow
| er under the constitution to govern our
| insular acquisitions according to their
| respective necessities.
The supreme court goes even further
and SAYS that If there were no constitu-
| tional provision investing Congress with
| this power it would, nevertheless, eX-
necessitate. have this power, since the
| states, acting in their statal capacity
could not provide the necessary legisla-
ton, and political sovereignty can be eX-
| ercised only by the political department
| of the government.
| The decision is a complete vindication
of the position held by the Republican
party with respect to the power of Con
| gress to legislate for Puerto RICO aho
the Philippines. and settles it once ano
for all that the United States Is the
equal in sovereign power of any other IN
denendent government.
The Foraker act so often referred 10
provided a government for Porto Rico anc
levied a compromise duty of Is per cent OF
imports from that island into the United
| States.