New-York tribune., 1901-05-28

tanned the view that the United States meant Ter
| ritories as we'll as States
! Chief Justice Fuller then advanced the PROPOSE
| ton enuncated in Marbury agt. Madison. 1st
! Cranch. that the constitution written in order
! to define and limit and keep within it's restricted
boundaries all persons and departments of govern
mcnt and meant to leave room for the
play and action of purely personal and arbitrary
power. He added:
| From Marbury agt. Madison to the present day
utterance of this court has intimated doubt
for whom it was established the national govern
! ment is government of enumerated powers, the
exercise of which is restricted the of means
appropriate and plainly adapted to constitutional
| ends and which are mot prohibited, but consist
with the letter and spirit of the constitution
The powers delegated by the people their
domain within which they are exercised When
rme bT parcar agent is ascertained that is
To hold otherwise is to overthrow the basis of
our constitutional law, and moreover in effect, to
reassert the proposition that the States and not
the people created the government. There are
many prohibitory clauses in the constitution. and
this court repeatedly has given effect to them in
respect of the Territories and the District of Co.
lumbia.
SOME UNDIsPUTED POINTS
OF the contention that by international law Porto
Rico came to us subject to such legislation as
Congress might enact, Chief Justice Fuller said:
The new master was in this instance the United
States. constitutional government with limited
powers, and the terms which the constitution it
ance with the constitution, We're the terms on
The power Of the United states to acquire terri
tory by conquest by treaty or by discovery and
that in all International relations. interests and
responslhlities the United States is separate
derive its powers from international law. which,
Of the organic law Of the land The source Of ma
tional power in this country is the constitution of
internal affairs, possesses no Inherent sovereign
power not derived from that instrument. and in
consistent with its letter and spirit.
EFFECT OF THE PEACE TREATY.
OF peace declaring that "the civil rights and po-
tcal status Of the native Inhabitants of the terri
tories hereby ceded to the United States shall be
determined by Congress-" the Chief Justice said
this was nothing more than declaration of the
accepted principles of international law applicable
to the status of the Spanish subjects and of the
native inhabitants.
A treaty which undertook to take away what
the constitution secured TO enlarge the Federal
jurisdiction would be simply void 1t certainly
not be admitted that the power OF Congress to lay
and collect taxes and duties be curtaied by
arrangement made with foreign nation by
the President and two-thrds of a quorum of the
Senate. The constitution did not yield TO treaty
enactment did it's theory bend to crcum-
stances.
Chief Justice Fuller absolutely rejected the con-
tentions that the rule of uniformity not ap-
pliCable to Porto Rico because 1t had not been In
corporated into and become an integral part of
the United States The word incorporation had no
occult meaning. and whatever its situation before.
the Foraker made Porto Rico organized ter
ritory of the United States. He could not accept
the view that after organized Congress has
the power 10 keep IL like disemboded shade, In
an intermediate state of ambiguous existence for
an indefinite period and. more than that after II
has been called from that limbo. commerce with
It IS absolutely subject the will of Congress,
irrespective of constitutional provisions. lie con-
tnued:
The eoncprrng opinion Of the maiSTity S yodD TGeog G
nized that 0"neIeSS IN UJaInS hdund 70 Tespect
the fundamental guarantees of Ife. liberty ana
property but assumes that Congress is not bound,
in those territories or possessions TO i0Gw the
rules of taxation prescribed by the Sohst.uIlot H.
destroy. and the levy Of duties touches an our our
The logical result Is that Congress may prohibit
commerce altogether between the States and Terri
tories and may prescribe rule OF taxation IN
one territory and different HAT Tqe In the
created a government empowered to acquire coun-
tries throughout the world to be governed by on,
fercnt rules than those obtaining In the original
nr@se5t svstem nf repnbcan government sys
tenn OF domination over distant provinces in the
exercise OF unrestricted power.
CONSIDERS TARIFF LAW INVALID.
In our Judgment. so much Of the Porto Rican act
authorized the imposition OF these duties Is
Invalid and plaintiffs were en,ltIea 20 reSTEeI Ts
quences apprehended to flow from this result, but
unambiguous TO permit its meaning 10 be thus
again it il objected on behalf OF the government
that the possession Of absolute power IS essential TO
that we should regard the situation 1t is to-day
rather than as IL was n century ago But II
must be remembered that. as Marshall and story
declared the constitution was framed for ages to
come and that the saRaciOus men who framed IL
Well aware that mighty future waited on
their work They may not indeed, nave dehoerately
considered trumpnal progress or the nation as
such. around the earth, but as Marshall wrote. II
Is not enough 10 say that thls particular case "dS
not in the mind of the convention when the article
framed. OF the American people when II
rvos adj ted is fp q ID
say that had this particular case been suggested
the language would have been so varied as 10 eX-
clude IT, or IT would have been made special eX-
cePb9n Pt,s coo,o. =. s,,d and IN tho contrary IN
order to the successful extension OF our institu-
tons, the reasonable presumption is that the lmi-
tatons the eXertiOn of arbitrary power would
have been made more rigorous.
JUSTICE UARLAN'S OPINION
Justice Harlan then announced his concurrence
with the dissenting opinion just delivered by the
Chief Justice lie regarded the Foraker act as un-
constitutional in its revenue provisions. and be-
lieved that Porto Rico after the ratification OF
the treaty with Spain became a part of the United
States. Referring to the majority views that the
power of our government with respect new ter
ritory is the power which other nations had
been accustomed to exercise. Justice Harlan said:
l take leave to say that il the principles an
nounced should ever receive the sanction of a
majority of this court the result will be radical
and mischievous change in system of govern
ment We Will, in that event, pass from the era of
constitutional liberty guarded and protected by a
written constitution into era of legislative abSo-
Htism in respect Of many rights that are dear to
In my opinion. Congress has existence and
can exercise authority outside of the constitu-
ton StIIl lesH is IT true that Congress can deal
with new territories just other nations have
done may do with their territories This
nation is under the control of a written constitu-
ton which is the supreme law of the land. and
the only source of powers which our government
or branch officer n an