Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-08


disc brought into Porto Rico from other
parts Of the United States.
4. Congress had not the power under the
Constitution to impose the taxes or duties
imposed by the act Of April IL, 1900, upon
articles Of merchandise brought into Porto
Rico from other parts Of the United States
and from Porto Rico.
In sustaining these points no time is spent
In discussing the power of the United States
to acquire and hold outside territory, that
power having become firmly established"
In support Of the first point 1t is contended
that by the operation Of the Paris treaty
Porto Rico has become as much part Of
the United States as any one Of the ac-
quired states or territories.
The Powers of Congress-.
The second point relating to sovereignty
Is elaborated, in part, as follows: In using
the expression Sovereignty" or "owner-
ship of the United States we mean not
the sovereignty or ownership of the gov
eminent or of the President or Of Congress.
but the sovereignty of ownership or the
people of this country, in whom the ulti-
mate power is lodged, and by whom not
all powers but certain enumerated powers
only have been delegated to the various
coordinate branches of the government.
Consequently it does not follow that be-
cause Spain has yielded her sovereignty
Congress has unlimited sovereign powers.
Congress has no powers whatsoever derived
from any, other source than the ConStftu-
ton. 1t does not derive any additional
powers from international law or from 1.-The
fact that the United States is sovereign
nation" or from the fact that the eXer-
else of such powers may be deemed neces-
sary in order to carry out the policy of
a particular administration.
There is also elaborate argument on the
question of the lawful power Of the Presi-
dent in connection with the order of Janu-
airy 20. 1899, in so far as it related to du-
ties The contention Is made that, not
withstanding this step was taken by the
chief executive as commander-in-chief or
the army. it was not military measure
"If this duty lawfully imposed" is
asked, what limit is there upon this des-
patic military power?" Other similar ques-
tons follow
IF the President could lay this tax upon
commerce between Porto Rico and other
parts Of the United States on February l.
1899 did he continue to have this power
until Congress had not acted for years and
had been prevented from acting by the
Presidents veto? Is the military power
omnipotent in a new territory until Con-
gress acts? Is the function Of the Presi-
dent when Congress does not legislate to
legislate in its place? What difference does
the fact-if it be fact-that the proceeds
of these duties We're expended for the bene-
fit of Porto Rico make? Is the conStitu-
tionality of a tax to be determined by the
objects to which 1t is applied? Was the
Louisiana lottery changed into pubic
benefit and legalized because part of the
PIOCttuS were spent upon puuilC VI SHetill
BILE work."
The conclusion Is drawn that 1.-The exist
ence of any such power in one man, how
ever exalted his office. is opposed to the
whole spirit Of our Institutions
Meaning of Omitted States.'
The scope Of the discussion of the fourth
point Of the summary is indicated by the
following questions:
What is meant by the term United
States as here used? Does it include only
the forty-five states, and leave the trade
between Porto Rico and Arizona, New Mex
leo, Alaska and the District of Columbia
free, or does it mean the United States as
constituted before the late war with Spain,
and hence not apply to the trade between
Porto Rico and Hawaii. Guam and the
PhilppineS?'
rs this an attempt to levy import duties
upon commerce between domestic ports, or
are these eXactions Of the nature Of ex-
cises or internal revenue taxes? Are they
subject to the requirement Of uniformity
and, if SO, are they uniform, and finally,
has Congress any warrant for laying these
taxes arising out of its power to govern the
territory of the United States?"
The conclusion is drawn that the taxes
are not impostS or customs duties, but in
the nature of internal revenue duties or eX-
ciSeS.