The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-28

1t is today rather than as 1t was a CEN
fury ago. -
But it must be remembered that, as
Marshall and Storey declared, the con-
stitution was framed for ages to come
and that the sagacious men who framed
1t We're well aware that mighty future
waited their work.
They may not indeed have deliberately
considered triumphal progress of the
nation, as such, around the earth but as
Marshall wrote: 1t is not enough to say
that this particular case was not in the
mind OF the convention when the article
was framed, nor of the American people
when 1t Was adopted. 1t is necessary
TO go farther and to say that had this
particular case been suggested the Ian
SudSe WouIG nave been 50 varied as to
exclude 1t, or it would have been made
special exception
This cannot be said and, on the con
trary, IN order to allow the successful
extension of our institutions the rea-
sonable presumption is that the limita-
lions on assumption of arbitrary power
would have been made more vigorous"
HARLAN'S OPINION.
Justice Harlan then announced his con-
currence with the dissenting opinion lust
delivered by the chief justice. He re-
garded the Foraker act as unconstltu-
tional In its revenue provision, and be-
heVed that Porto Rico, after the ratifi-
cation of the treaty with Spain, became
a part of the United States Refe, ring
TO the majority views that The power of
our government with respect to new ter
ritory is the same power which other ma
lions had been accustomed to exercise
Mr.. Harlan said:
take leave to say that If the prin-
clples now announced should ever re-
celVe the sanction of a majority of this
court, the result will be a radical and
Of s,fc
eminent. We will in that event Cass
from the era of constitutional liberty
guarded and protected by a written CON
sttutlon, into an era of legislative abso-
lutlSm, in respect of many rights that
dom.
In my opinion congress has no exist
ence' ana can exercise no authority, out
SIDE OF the constitution. Still less IS 1t
true that congress can deal with new
territories just as other nations have
cone or may do with their new territories
rms nation 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 ~ any
branch or any officer of it, may exercise
at any time or any place. Monarchical
and despotic governments unrestrAincd
In their powers by written constitutions
may 40 with newly acquired territories
what this government may not do con-
Slstently with our fundamental law The
ldea that this country may acquire ter
rltorleS anywhere upon the earth, by con-
quest or t, eaty. and hold them as mere
colonies or provinces, is wholly inconsist-
ent with the spirit and general undet-
standing of as well as the words of the
constitution The glory of our American
system of government is that II was
Grated by written constitution which
protects the people against the exercise
or arbitrary, unlimited power and the
limits or which may not be passed by
the government It created or bv any
branch of 1t, or even by the peoDIe who
orGained 1t. except by amendment II
VIII be an evil day for American Ifhertv
II the theory Of government outside Of
the supreme law Of the land finds lOdp-
ment In our constitutional Jurisprudence -
Justice Harlan also commented on the
loea that congress could "legislate the
constitution into contiguous territory"
SUCH view, he said might we'll cause
surprise, If not alarm. Congress had no
existence except by virtue of the consti-
tuition. He pointed out that the majority
opinion suggested that conditions might
arise where the annexation Of distant
possessions would become desirable. so
tEat concessions might well be made for
time, that ultimately our own theories
might be a:ricd out. But Mr. Harlan
olssented from any such theory of our
governmental system. He said:
ms expanding future OF our coun-
Try Justifying the belief that the United
10 ~ DSCOUle what Is called a
world power'-of which so much was
heard at the argument-does not Justify
any such juggling with the words Of
the constitution would authorize the
courts to hold that the words throughout
the United States in the taxing clause
Of the constitution do not embrace a
territory of the United States This is
a distinction which I am unable to make,
and which do not think ought to be
made when we are endeavoring t. asccr-
tam the meaning OF great instrument
of government"
In conclusion, Justice Harlan sald
The addition Of Porto Rico to the ter
.1ltory Of the United States has been rec
ognized by direct action upon the part
OF congress. 1t has legislated In recogni-
ton OF the treaty with Spain If Porto
Rico did not by such act become n part
OF the United States. it did become such
at least when congress passed the For
aker act. / cannot believe that congress
may impose any duty import or excise
with respect to that territory and it's peO-
pie which is not consistent with the con
stitutional requirement that all duties
inposts and excuses shall be uniform
throughout the United States"