The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-16
TERRTT0BrEs ABE coYERED.


The view of the decisions of the su-
preme court in the insular cases. which
is presented by Hon. George S. Boutwell,
in the columns of the current North Amer
lean Review, has not been generally COM
mented On and is known to but few out
s de the readers of that ma gazine. 1t is a
sufficiently hopeful view, and the renown
of NJ. Boutwell, as a statesman and his
prominence as an anti-imperialist, invest
it with great significance.
Stated in general terms, the conclusion
of Mr.. Boutwell, is that the decision must
ultimately result in sustaining all the
contentious of the anti-imperialists that
the possessions acquired from Spain must
be brought under the jurisdiction of the
constitution. and that in the future the
clause of that instrument which requires
that all duties, imposts and excuses shall
be uniform throughout the United States,
ike ali other of it's clauses, shall apply
to them. Mr.. Boutwell, goes a step far
ther than this. and claims that the de-
cisions authorize the future disposition
of the newly acquired territory in any
way which appears wise to congress. The
following is the language of Mr.. Bout
well in stating this latter conclusion:
From the opinions of the different
members of the court it may be inferred
reasonably that they entertain the opin-
ion, that the clause of the constitution
which provides that the congress shall
have power to dispose of and to make
all needful rules and regula tons respect
ing the territory or other property
belonging to the United States, is to
be interpreted in its natural significa-
ton, and that the territories of the
United States may be disposed of at
the will of congress-
Ii the inevitable effect of these deci-
sions is. as Mr.. Boutwell, claims, that the
court will in the future be obliged on
the reasoning of the majority of its
members in the cases already decided, to
declare that the constitution does apply to
the new possessions, and that congress
has the right, if it thinks fit at any time
to exercise it. of selling or to otherwise
disposing OF the new territories, the re-
suit will indeed be one of far-reaching
Importance.
In the De Lima case, according to Mr.
Boutwell,, four justices-Fuller, Harlan,
Brewer and Peckham-agreed in declar-
ing judicialiy that all duties levied before
the Foraker act was passed, but after
the treaty of peace had been ratified,
were legal, because, as stated in the
majority opinion, Porto Rico was not
foreign country, within the meaning of
the tariff laws, but territory of the
United States"
In the Downes case three other justices
-McKenna, Shiras and White-in their
dissenting opinion, insisted that the
duties levied, even though they were
levied after the Foraker act was passed.
were levied before Porto Rico was duly
organized into a territory, and were
therefore also illegal. But these three
jurists agreed with the other four on the
general proposition that, such duties, if
levied after congress had organized Porto
Rico into territory, must necessar-
lily be Illegal since a duly organized ter
ritory, according to them is within the
embrace of the uniformity clause of the
constitution
Thus, it appears that seven of the JUS
tices are in agreement on the general
proposition that the uniformity clause
and every other clause of the constitu-
ton applies to the territories duly organ
lied, even though they are not and never
integral of rixra
other words that the flag does follow the
constitution into the possessions of the
United States after those possessions
have been licked into shape as territories
by congress. Since Porto Rico will soon
be, if it is not already, organized into a
territory, the uniformity clause of the
constitution, according to seven of
the justices, must apply to it. Hence.
if after Porto Rico is duly organized into
a territory, and before it becomes a
state. any question as to the lawfulness
of duties thereafter levied should come
up, such duties must be declared uncon-
stltutional In other words Mr.. Bout
we'll may be regarded as insisting that
under the expressed opinion of a majority
of the court the constitution does now
actually apply to the territories; while
as matter of fact, and as generally
construed-owing, of course, to the pc
culiar position occupied by Justice Brown
the decisions put all existing American
territories, including those acquired from
Spain. which is not included in a. state,
outside the protection Of the constitu-
ton.