Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28
VIEWS oFb,JUsT|cEs
Continued from Third Page.)

article 1, section 9-that declares that no
preference shall be giTen to the ports OF
one state over those of another.
1T is evident" said Justice Brown, that
the constitutionality of this discrimination
can only be supported upon the theory
that ports of territories are not the ports
OF states within the meaning of the legis-
lation."
The same construction was adhered to
In the treaty with Spain for the purchase
of Florida, the sixth article Of which pro-
vided that 1.-The Inhabitants of which shall
be Incorporated in union Of the states
as soon as may be ,nsistent with the
principles of the federal legislation" and
the fifteenth article Of which agreed that
Spanish vessels going direct from Spanish
ports and laden with the productions OF
spanish growth or manufacture, should
be admitted for the term of twelve years
to the ports Of Pensacola and st. Angus
tine without paying other or higher duties
on their cargoes or tonnage than will be
paid by the vessels of the United States.
And that during the said term no other
nation shall enjoy the. same privileges
within the ceded territory"
SO, too, In the act annexing the republic
OF Hawaii there was provision continu-
Hawaiian Islands with the United States
ana other countries, the effect OF which
was to compel the collection in those is
lands OF duty upon certain articles
whether going from the United States or
other countries much greater than the duty
provided by the general tariff law then IN
effect This was a discrimination against
the Hawaiian Islands which proved wholly
inconsistent with the revenue clauses of
the legislation. If such clauses were there
operated.
The very treaty with Spain under dis
cussion In this case contained similar de-
script1ve provisions which are apparently
irreconcilable with the legislation If that
instrument be held to extend to those ISL
ands Immediately upon their cession to the
United States.
Clear Breach of Uniformity Clause.
BY article the United States agreed:
For the term Of ten years from the date
of the exchange Of the notifications of the
present treaty to admit Spanish ships and
merchandise to the ports Of the Philippine
Islands on the same terms as the ships and
merchandise of the United States" priv
ilege not extending to any other port
1t was clear breach of the uniformity
clause In question and a manifest exercise
OF authority on the part of the commits
sioners If ports Of the Philippine Islands
be ports of the United States
The researches Of counsel have collect ed
large number Of instances in which Con-
gress has In its enactments recognized
that fact that provisions intended for the
states need not embrace the territories I'M
less specially mentioned.
The decisions of this court upon this
subject have not been altogether harmoni-
Gus. Some of them are based upon the
to the territories without legislation. Other
cases arising from territories where such
legislation has been had contain language
which would justify the inference that
such legislation was unnecessary and that
the legislation took effect Immediately
upon the cession Of the territory to the
United States.
1t may be remarked upon the threshold
OF an analysis of the cases that too much
weight must not be given to general ex-
presslons In several opinions that the
power of Congress over territories is COM
plete and supreme, because these words
may be interpreted as meaning only su-
preme under the legislation; nor upon the
other hand. to general statements that the
legislation covers the territories as well as
the states, since In such cases it will be
found that acts Of Congress had already
extended the legislation to such territories,
and that thereby 1t Subordinated not only
Its own acts. but those of the territorial
legislatures to what had become the SUI
preme power of the land
The various cases that the court cited
We're reviewed at length and summing up
the decisions made by the Supreme Court
In these cases. Justice Brown said:
States and Territories Defined
Eliminating, then. from the opinions Of
this court all consideration unnecessary to
the disposition of the particular case. and
cleaning therefrom the exact point decided
in each, the following propositions may be
considered as established:
1. That the District of Columbia and the
territories are not states within the judicial
clause of the legislation giving Jurisdiction
in cases between citizens of different
states.
2. That territories are not states within
the meaning Of the Revised Statutes Sec
ton 100, permitting writs of error from
this court In cases where the validity Of a
state statute Is drawn in question
3. That the District Of Columbia and the
territories are states, as that word is used
in treaties with foreign powers with re-
spect to the ownership, disposition and in
heritance of property.
4. That the territories are not within the
clauses Of the legislation providing for tho
creation Of Supreme Court and such in
ferior courts as Congress may see fit to
establish.
8. That the legislation does not apply to
foreign countries or to trials therein con-
Quoted, and that Congress may lawfully
provide for such trials before consular tri-
bunals without the Intervention of a grand
or petit jury.
6. That where the legislation has once
been formally extended by Congress to ter
rltories, neither Congress nor the terrific
rial legislature can enact laws inconsistent
Herewith.
To sustain the judgment in the case nm
der consideration 1t by no means becomes
necessary to show that none of the articles
OF the Constitution apply to the Island of
L VI " 1NlCO. 1HeIS lS d clear distinction
between such prohibitions that go to tha
very root of the power of Congress tn act
at all, irrespective of time or place and
such as are operative only throughout the
United States or among the several states
Thus, when the Constitution declares that
no bill Of attainder or ex post facto law
shall be passed. and that no title Of nohiIi.
ty shall be granted by the United States
1t goes to the competency Of Congress 70
pass a bill of that description. Perh,ns
the same remark may apply to the tirst
amendment, that Congress shall make 10
law respecting the establishment of a re-
ligion or prohibiting the free exercise
thereof or prohibiting freedom of sneecb or
the press the right of the neonla 70
peaceably assemble and petition tbe ,,, w
eminent for redress of grievances.
We do not wish, however, to be under-
stood expressing an opinion as to hon,
far the bill of rights contained in tho frst
eight amendments is Of general and hnW
far of local application. Upon the other
hand when the Constitution declares thet
all duties shall be uniform throughont ~
United States it becomes necessary 10 Tue Inv
quire whether there be any territory over
which Congress has Jurisdiction Which, 70
not a part of THE United States y hI n
which term we understand the st.+ ~
whose people united to form const;t,,
ton and such as have been admitted "
the Union upon an equality with them ~
Distinction Early Made.