The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-15
THE UNITED STATES
AND ITS SUBJECTS.

In the North American Review for
August ex-senator Edmunds discusses
with remarkable clearness the two re-
cent decisions of the Supreme Court
bearing on the status Of the insular
possessions and the Federal relations
with territories The crucial case
which seems to be portentous with
new and strange policies at variance
with our institutions, and apparently
in violation Of the plain declarations
of the Federal Constitution. is the
case of Downes VS.. Bidwell, in which
five Of the nine Justices, or a bare
majority. Of the Court held that
Congress could constitutionaIly impose
duties not uniform throughout the United
States, and which were discriminating,
upon merchandise coming from Porto
Rico to the United States after the Fora
ker Act. providing for such duties, was
passed, for the reason that Porto Rico is
not part of the United States within the
meaning of the revenue clauses of the
Constitution.
The Constitution says explicitly that
"all duties, imposts and excuses shall
be uniform throughout the United
States" The only way OF escaping
this clear declaration was to place
the territories outside Of the pale of
the Constitution, and the inference
frcm the decision is inevitable that
the powers granted to Congress as
against Porto Rico may be exercised
Hunreservedly as against the "inhabi-
tants of New Mexico, Arizona, Alas
Ike. Oklahoma, the Philippine Islands,
Porto Rico and the Hawaiian Islands"
From consideration OF this fact, ex-
Senator Edmunds is led to say:
Happily for the inhabitants of Ohio.
and of the great and prospecting States of
the Northwest living under the sway and
protection of both national and state con-
stitutions, these fair lands have ceased to
be territories, and they are delivered from
the despotism. however benevolent and
wise. of a Congress in which they could
have no vote, and whose power over their
lives, liberties, fortunes and happiness was
restrained by no constitutional barrier.
In discussing the decision itself.
Mr.. Edmunds lays down some funda-
mentais in constitutional law which
deserve attention. The powers of
Congress do not extend beyond the
Constitution. but are such. and only
such. as the Constitution itself has
impaired TO Congress There was the
most careful enumeration of the pow
ers granted" in the Constitution to
Congress; there were special prohibit
lions. such SIS that duties shall be uni
form. and the whole mass of powers
not delegated were expressly reserved
to the States. respectively, or to the
people" This system has, until
now" during the whole course of ma
tional existence been -the rock on
which the edifice of just liberty and
order should stand indestructible. :
The rights reserved to the people are
set forth. among which are uniform
duties in all parts of the United
States. privilege Of the writ OF habeas
corpus. indictment by a Grand Jury
in criminal cases, freedom of speech
and Of the press and the other limita,
tons placed upon Congress by the
Constitution that secured those sin-
alienable and fundamental rights OF
man declared that Congress should
have power 70 make all regulations
respecting the territory belonging to
the United States When the Consst
tuition and the amendments emhody,
Ing the 'biiI Of rights" were adopted
the Government was in possession o.
the great territory northwest OF the
Ohio river. Ex-senator Edmunas SAYS
with force:
Can il be possible that this grant q
power was lot Intended To b sri ~,
not in fact and law subject 20 thess q q,
limitations and prohibitions imposed upor
Censress By language nnrestrained ana Il
40 ray limited 70 particular parts Of Ia
one sounfry eger which the government
had eecoule supreme, and Tor the gorern
nasnt Of which the departments u fhe leg
tsiAtare. The executive and the 5udscsar5
pfere esfahlisheds Tnennal tax
afion s. perhaps. fke mass CALLING ans
destructive ef ail forms It rysannr. 4
TIE uniformity Of Rnxafion clause &C "a.
Constitution bad been eznikfes ana Con
gress shoald nov impose = tar dfscrim
mating againss the people Of sane Stat
Or group ef States. wh1t would be Ifkely
| e happenz What ought 70 happen. An
the pElaeir1es 81 5ssstics ard the necaasits
sans Kerernmenz e1peEAneus ana fHaRs
cal beyond she physicai BOUNDARY Ct II
States These and many ether ike cues
sssss forcc themselves into tie pathway