The Lamar register., 1901-06-05
Tho Supreme Court Decision.


construction days, at least, was hand
ed down last week. II fixes the status
of our new possessions absolutely, and
puts an end to all doubt as to the
power of Congress TO deal with them
as 1t sees fit.
The important case-that which in
volved directly the legality of the
Porto Rican tariff-was the Downes
case; and the decision IN this case up.
holds az strongly rs words can be
made to do 1t the contention of the gov
ernment that Congress has the power
TO deal in any way 1t may see fit with
acquired possessions. On this point
Justice Brown said:
'"The practical Interpretation put by
Congress upon the constitution has
been long continued and uniform 10
the effect that the constitution Is ap-
plicable to territories acquired by pur-
chase or conquest only when and so
far as Congress shall SO direct. Not
withstandlng Its duty to guarantee to
every state In this union a Republican
form of government Congress did not
hesitate in the original organization OF
the territory and its subdivisions Of
Ohio, Indiana. Michigan, Illinois and
Wisconsin, and still more recently in
the case of Alaska, to establish form
of government bearing II much greater
analogy to n British crown policy than
n republican state OF America, and to
vest the legislative power in a gov
ernor and council, or II governor and
judges to be appointed by the Presi-
dent.
1--WE are also of the opinion that
power to acquire territory by treaty
implies not only the power to govern
such territory, but to prescribe upon
what terms the United States will re-
ceive Its Inhabitants and what their
status shall be In what Chief Justice
Marshall termed the American en-
pire.'"
Justice White, in his concurrlng
opinion, put the opinion of the court
even more strongly, IL possible. He
said:
at is then as think. Individually
settled by the principles of the law of
nations, by the nature of the govern
ment created under the constitution by
the express and implied powers con-
ferred upon that government by the
constitution, by the mode in which
those powers have been executed from
the beginning, and by nm unbroken line
Of decisions of this court, first an
nounced by Marshall and followed and
lucidly expounded by Tnney, that the
treaty-making power cannot incorpOr-
ate territory into the United States
without the expressed and implied ns-
sent Of Congress, that 1t may assert
In treaty conditions against imme-
diate Incorporation. 1t must follow,
therefore, that where treaty contains
no conditions for incorporation, and,
above all. where 1t not only has no
such conditions but expressly provides
to the contrary. incorporation does not
arise until in the wisdom of Congress
1t is deemed that the acquired terri
tory has reached that state where it
Is proper It should enter into and
form part Of the American family"
Justice Gray. who also delivered
concurring opinion in this case.
clinched the matter as follows:
"The civil government of the United
States cannot extend Immediately,
and OF Its own force, over territory ac-
quired by war. Such territory must
necessarily, in the first instance, be
governed by the military power under
the control of the President as COM
mnnder-in-chief. Civil government
cannot take effect as soon as posses
sion is acquired under military author
ity or eNn as soon as that possession
Is confirmed by treaty. 1t can be put
In operation only by the action of the
appropriate political department of
the government at such time and in
such degree MS that department may
determine. There must of necessity
be transition period.
$50 long as Congress has not incor-
porated the territory into the United
States. neither military occupation nor
cession by treaty makes the conquered
territory domestic territory in the
sense Of revenue laws. But those lnws
concerning foreign countries remain
applicable to the conquered territory
until changed by Congress. Such was
the unanimous opinion of this court,
as declared by Chief Justice Taney in
Felming vs. Page. page, 8 How.
''If Congress Is not ready to con-
struct a complete government OF the