Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-28
sons. and unless it be clear that such

NuCStioh We onOuIu pV ihhf>S>>
resistibly to the same conclusion.
by Article III. Section OF the Con-
stitution. the President is given power
by and with the advice and consent Oh
the Senate, to make treaties, proviueu
that two thirds of the senators present
concur and by Article vi, this consul
tuition and the laws of the uhi'eu
States which shall be made IN purs"-
ance thereof. and all treaties maze or
which shall be made. under the au-
thority of the United States shaii De
the supreme law of the land.
lone of the ordinary incidents OF
treaty is the cession of territory. me
territory thus acquired as aDsoiuteiy
, as if the annexation were MADE as III
the case of Texas and Hawai- py an
act of Congress.
1T follows from this that py the
ratification of the treaty OF Parls the
island became territory of the United
, States-although not an organized
territory in the technical sense OF the
word.
uninterrupted exercise by Congress
for a century and the repeated declara-
tions of this court have settled the law
that the right to acquire territory IN
wolves the right to govern ana dispose
of it. 1t is an authority which rises,
not necessary from the territorial
clause. of the Constitution but from
the necessities of the case ana from
the inability of the states to act upon
the subject. In short. when once ac-
uuired by treaty. it belongs to the
United States and is subject to the dis
position of Congress.
TERRITORY thus acquired can remain
a foreign country under the tariff laws
only upon one of two theories. Either
that the word Foreign applies to such
countries as We're foreign at the time
the statute was enacted. notwithstand-
ing any subsequent change in their
condition. or that they remain foreign
under the tariff laws until Congress
has formally embraced them within the
customs union of the states. The first
theory is obviously untcnable. While
n statute is presumed to speak from
the time of its enactment. it embraces
all such persons or things as subse-
quently fall within its scope and ceases
to apply to such as thereafter fall
without it's scope.
w men tue VI iii' Niih-
ed States declares in Article l. Section
10. that the states shall not do certain
things. this declaration operates not
only upon the Is original states but
upon all who subsequently become
such: and when Congress places GER
tain restrictions upon the powers OF
territorial legislature. such reStric-
tons cease to operate the moment such
territory is admitted as Il state. BY
parity of reasoning a country ceases 10
be foreign the instant il becomes do
nestle. So, too, if Congress sees fit TO
cede one of its newly acquired terri
tories teven assuming that ii had the
right To do sol to a foreign power
there could be no doubt that from the
day of such cession and the delivery of
possession. such territory would be-
come foreign country and be rein
stated as such under the tariff laws.
The theory that a country remains
foreign with respect TO the tariff laws
until Congress has acted by embracing
it within the customs union. prcsup-
poses that a country may be domestic
for one purpose and foreign for an
other. 1t may undoubtedly become
ton of a domestic territory to pass
special act providing the proper ma
chincry and officers, as the President
would have no authority. except under
the war power. to administer it him
self; but no act is necessary to make II
domestic territory il once it has been
coded to the United States. We eX-
press no opinion as to whether Con-
gress is bound to appropriate the
money to pay for it. 1t is not ncces-
sary to consider it in the case, as Con
gross made prompt appropriation for
the money stipulated in the treaty.
This theory also presupposcs that
they may he held indefinitely by the
United States, that it may be treated
in every particular except for tariff
purposes, as domestic territory. in
short that everything may be done
which n government can do within its
own boundaries. and yet that the terri
tory may still remain foreign coun-
try. That this state of things may
continue for years. for century even,
but that until Congress cnacts other
wise, it still remains a foreign country.
ITO hold that this can he done as
dicial legislation. We find no warrant
for it in the Constitution or in the pow
ers conferred upon this court. 1t IS
true the non-action of Congress may
occasion temporary Inconvenience,
but it docs not follow that courts of
Justice are authorized to remedy it by
inverting the ordinary meaning OF
| words.
IF an act of Congress be necessary
20 convert n foreign country into DO
nestle territory. the question at once
suggests itself. what is the character
of the legislation demanded for this
| purpose?
viii an act apprCpriating money
for its purchas sc be sufficient? Appar-
entity not.
"Will an act appropriating the du-
| ties collected upon imports to and from
such country for the benefit of its gov
crninent be sufficient? Apparently not.
| "Will acts making appropriation for
| it's postal service, for the establish
ment of light houses. for the mainte-
nance Of quarantine stations. for erect
ing public buildings, have that effect?
| 'Will an act establishing a complete
local government. but with the reser-
walton of right to collect duties upon
commerce he adequate for that pur-
pose?