The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28

D
ion. IN witch he said Justices shiras
aud DIcKenna united, coheurring in the
decree amrming the Judgment of the.
Downes case. but F1acing it on grounds
which ne said were not only different
from SUIT in conflict with those eX-
pressed by JUsuca Brown The ques-
-tlon at issue in this case, Ile SAID.
wac whether the provision Of the con-
stltutlou giving congress power 70 laE
duties. imDOsts and eXcises, out re-
GuTinE that they shOLdd be uniform
throughout the United States, had
been Violated by the Foraker act i'm
posing duties on goods coming from
Porto Rico into the United states.
The propositions. elaborately argued
~ the trial. that the government cot
the United States. being created by
the constitution, that instrument wherf
it lhmfs the power of the government,
does sO-e1sry where. wherever its an
thority is eEerted, were conceded.e
There never could be any serious
question that Wnen the government Of
the united states exercises an author
its wiIich the constitution confers. the
applicable Limitations Of the cOIstttu-
universally in every case. the questlon
81 as not whether the CONSTITUTION fol-
lowed the fag, but gTanting that it
did SO. What provision WAS applicable
10 particular cases
the cases which IL was said were
pa exception were certain general linn
itafious ip tae constitution in favor OF
liberty end property. which withdrew
tdtloHs were eVeryWhere applicable
ana Cf course could never be trans
gresse6 In Yicw ~ this. the opinion
went ON, there IS, then mo room IL
chis case, 90 contend that congress
can destroy me liberties % the peo-
pfe of Porto TzicO-by exercising in their
regard powers against freeuom and
Justice which the constitution has alb
sue IS. had Porto Rico at the ume OF
the passage IF the act in question.
beer INCORPORATED into AID become an
iHteEral part on The United states?
INTERN ATESNAL Law.
Considering this question, Justice
Wntte ailrukq That the rule Of inter-
Eal0nai law was that The relation
- the acquiring coUutry, in the alb
sense Ol treaty stipu atiCsns. was 20 be.
ueIeirnlneo. b. that eOuatry eouf0rn1-
abty 10 its institutions The, United
Statss possessed Gle same p-Wers on
thls suoJsct as any other natl9q.
Justice Nhit- Then vents eNhas1s-
ftVeiE INTO fhe histofy 0f She United
states anu 81 It's acquired territories
a. support pr his assertion thot our
t4sl,sry troHl The beginning had maui-
festei that this Fower was possessed
ny tha lEited States An acknoWledg q
recent ~ o1r right "a acquire territary.
occurred tne terrltolH was absolutely
end unc9uditionally Incorporated into
the United States. be said. was TO adj
NIT thef poNVel. to acquire and imme-
dia-oiy - deny its beneficial existence.
- nold mat the t-eaty- rnaSlng power
cannot insert conditions Ia acQUriug
would Deprive that power of n neces-
1lT tribute ana would cpnfer upon it.
the authority g destroE the govern
ment OF the United states
IFr mIilioE5 Of Inhabitants Of alien
teffitoTT. d acquired Joy treaty cam
Mitaeut rae desire or consent Of zoe
people ~ the United States SPEAKING
thfuugh eonEress, be immediately and
lfreroeably Incorporated into the
United states. the whole structure of
tne co'.ernmeht can be ovevthrowra.
NhHr tRus aggrandizinE the treaty
madaE power on TIE one hand. the
eons.1tuticns AZ the same tine mini
n1tze5 Pc on the other in THAI III strips
-n3t auislQfltE ~ any rig1t u acquire
-e91 eu54d tPe people or the Cnifed
Stares torl the eVil % Immediate M
cerHcr7ticn. What also bee6rn - Of
tnc pQpuia bfauch Of congress. which
though it n igh. be unwilling To agree
o. fee shcorpeh Of alien races
woQ,a be mpotent 20 -preEent its ac-
MEET EVIL ZFFB~ 5
meet Tire evil ,-ct ~ this view
saVqcs-tea elatm that all citizens
salp of the United States Is precar-
leeS and aeettfg and subject to be
eseit nol assent fnat the safeguards
Ir.F3leEe rights anu7 impaanlties of
tnr constitution are So ephemeraI that
l4e} could e DESTROYED by mere act
o saIe- Our forefathers believer
t1ere MAS uo power to dispose OF sew
ereiSuty over g loot OE AweFican terri-
LotN. tEd en- Territory inc0rT orate1
lhlo the United States was taken I'M
y. a
f'tt ~ the United states. lie cited
tif Lotiieiana purchase aud ether in-
stauees where considerable time
elahSed prior 80 Incorporation and
summarized his views as follows:
t,ie1 5nink sett'ed by the
plctfles az the lspg Of nations by the
nHLuee ol the government Created un-
Ger DE constitute - by the express and
iT4DiIed powers conferred upon that
aofeinneat by the conststUti2n, by The
mode Boz ~hieh those lowers have been
executed from the beginning. and by
fiA upbrokeu nEe Of decisions Of this
court 6sst announced By Marshall and
9HoWeo ana lucldiy eSpouuded by
'ianey. THAI the tueaty- making power
cann0t incorporate territory into the
liuied states without the eNnressed
and implied ersent Of congress-. shat il
may assert 81 a treaty conditions
against immediate incorpora ton II
must follow therefore. that where a
treaty contains no Conditions far fncor-
pof etion, and. eb0Fe all. where II not
only has no such conditions, but eX-
nresslT provides tOthe contrary, fncor-
por9iOn does not arise until in the
wisdom of ecuEress, 81 IS deemed that
the acquirad territory has reached that
State WheSe it 81 proper that il should
eHteV into and form q part Of che
American familyh
TREATY OF PEACE
Attention was then called 20 the fact
taar the treaty OF peace expr essiy. pro-
Vided that the civil rights and political
Status OF the inhabitants OF che ISLANDS
sn1uic be determined b1- congress-. and
tlc conclusion was stated as follows.
Tire result oS what has been said It
that fThile ID IN international s.nse
Porto h-ico was not d fore gr coUatry,
it WAS foreign To the bni1ed states In
domestic sense. because the island
had not been incorporated into She
United states. but was >uCseIy appur-
tent thereto as possession As a uec-
essary consequence the imDost in cues
ton assessed on merchandise c8rna+z
from Porto Rico into the United States
AFTER the cessiOn was within the power
81 congress. and that BODY was not
moreover. as 10 such imp-1st. contrDlled
by the clause requiring that imilOs s
should be uniform Throughout the
Cntef States IN other words the pro-
vision Of the con tftNffonl fuet referred