The citizen., 1901-05-31

foreign country, but a territory
of the United States.
Justice Brown concluded as fol-
lows:
eff an act of Congress be nee
essary to convert a foreign coun-
try into domestic territory. the
question at once suggests itself
what is the character of the leg
islation demanded for this pur-
pose? Will an act appropriating
the money for its purchase be
sufficient! Apparently not. Will
an act apprOpriating the duties
collected upon imports to and
from such country for the benefit
of its government be sufficient.
Apparently not. Will acts max
ing appropriations for its postal
service, for the establishment of
lighthouses, for the maintenance
of quarantine stations. for erect
ing public buildings. have that
effect Will an act establishing
a complete local government, but
with the reservation of a right to
collect duties upon commerce, be
adequate for that purpose! None
CT these, nor all together, will be
sufficient, if the contention of the
government be sound. since acts
embracing all these provisions
have been passed in connection
with Porto Rico, and it is insist
ed that it is still foreign coun.
try within the meaning of the tar
if laws We are unable to ac.
quleSce in this assumption that a
territory may be at the same
time be both foreign and domestic.
DUTIES ILLEGALLY ENACTED.
"We are, therefore. of opinion
that at the time these duties were
levied Porto Rico was not for
eign country within the meaning
of the tariff laws, but territory
of the United States: that the
duties were illegally exacted, and
that the plaintiffs are entitled to
recover them back.
"The judgment of the Circuit
Court for the Southern District of
New York is. therefore, reversed
and the case remanded to that
court for further proceedings in
consonance with this opinion"
CONGRESS CAN CONTROL TER.
RITORY.
In the course of his reasoning
on the manner of the aquisition
of Porto Rico, Justice Brown
held that Congress has authority
to control such territory. "In-
deed it is" he said, ''scarcely too
much to say that there has not
been a session of Congress since
the Territory of Louisiana was
purchased that that body has not
enacted legislation based upon
the assumed authority to govern
and control the territory. 1t is
an authority which arises not
necessarily from the territorial
clause of the Constitution. but
from the necessities of the case
and from the inability of the
States to act upon the subject.
"Under this power Congress
may deal with territory acquired
by treaty; may administer its
government, as it does that of
the District of Columbia; it may
organize local territorial gov
ernment: it may admit it as a
State, upon equality with other
States; it may sell its public own
lngs to individual citizens, or may
donate them as homesteads to ac-
tual settlers. In short. when
once acquired by treaty, it be-
longs to the United States and is
subject to the disposition of Con-
greSS."
HOW A COUNTRY REMAINS
FOREIGN.
The theory that a country re
mains foreign with respect to the
tariff laws until Congress has
acted by embracing it within the
customs union, presupposes that
a county may be domestic for one
purpose and foreign for another.
1t may doubtedly become neces
Sary for the adequate administra-
ton of domestic territory to pass
a special act providing the proper
machinery and officers, as the
President would have no author
lty except under the war power.
to administer it himself; but no
act is necessary to make it do
territory if once it has
been ceded to the United States.
We express no opinion, as to
whether Congress is bound to APP
the money to pay for it.
This theory also presupposes that
territory may be held indefinitely
by the United States; that it
may be treated in every particu-
lar eXcpnt for tariff nurnocaS in