The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-05-28

( has minated a doubt that in its oper-
I alton on the people by whom and for
J whom II was established the national
4 government is government of enum-
Grated powers, the exercise of Whic
! is restricted to the use of means ap-
( proprfate and plainly adapted by con-
/ stituucnal ends, and which are not
: prcmPlted. but consist with the letter
and spirit of the constitution. The
4 powers. delegated by the people TO their
/ agents are not enlarged by the expan-
! sion OF the domain within which they
/ are exercised. When the restriction Of
the exercise of a particular power by a,
particular agent IS ascertained, that is
an end of the question.
70 hold otherwise is to overthrow
/ the basis OF Our. constitutional law, ana
I moreover. in effect. to re- assert the
proposition that the states and not the
4 people created the government.
The contention that by International
/ law Porto Rico came to us subject to
such legislation as congress might en-
I act. Chief Justice Fuller said:
The new master was, in this in
I stance, the United States, a cOnstiLu-
I tiOnal government with limited powers,
/ and the terms which the constitution
i which itSeM imposed, or which might
/ be imposed in accordance with the
] constitution were the terms on which
the new master took possession.
TERRITORY BY Conquest.
The power of the United states to
q
7 treaty, or by discovery and occupation,
ljs not disputed nor is the proposition
that IN all International relations in
l this and responsibilities the United
/ states is a i separate, independent and
sovereign nation; but it does not derive
4 its powers from international law,
/ which. though a part of our municipal
J laws, is not a part OF the organic
I law of the land The source of ma
I tIOnal power in this country is the
i 81 af
/ the government as to our internal at
] fairs, possesses no inherent sources
/ foreign powers not derived from that
/ instrument sand Inconsistent with its
letter and spirit.
Chief Justice. Fuller absolutely re-
/ jected the contention that the rule of
uniform " was not applicable to Porto
/ Rico because it has not been incorpor-
ated into this or become an integral
part Of the United States The word
4 incorporation had no occult meaning,
and whateve it's situation before the
/ Foraker act made Porto Rico an or
gained territory of the United States,
I ne could not accept the view that even
( after organized, congress has the pow
4 er to keep it, like a disembodied shade.
/ in an intermediate state of ambiguous
/ existence for an indefinite period, and
more than that, that after it has been
called from that limbo commerce with
+ 1t is absolutely subject to the viii of
] congress, irrespective of constitutional
( provisions.
The concurring opinion of the ma
/ jority recognized that congress, in
I dealing with the people of new terri
Z tories OF. possessions, is bound to re
( Spect the Fundamental. guarantees of
Z life, liberty sand property, but assumes
/ territories or possessions to follow the
7 rules Of taxation prescribed by the
/ constitution. And yet the power to tax
( involves the power to destroy, and the
/ levy of duties touches all our people
+ in AL places under the jurisdiction of
I the government
/ Justice Harlan then announced his
/ concurrence with the discerning Opin-
/ ion Just deiiyered-b by the chief justice.
4 He regarded the Foraker act as uncOn-
! sututQnaI ia its revenue provisions,
/ and Believed that Porto Rico. after the
f ratification of the treaty with Spain.
i became a part of the United states.
D Referring 10 the majority views that
/ the power Of our government with re-
1 spect 70 new territory is the same pow
er other nations had been accustomed
I TO exercise, Mr. Justice Harlan said.
+ MISCHIEVoUs CHANGE.
n take leave now to say if the prfn-
Y ciplsS announced. should ever receive
/ the sanction OF a majority OF this
\ court, the result VIII be a radical and
f1IschieVous change in our system of
/ government We viii. in that event
/ pass from the era Of constitutional lib
/ erty, guarded and protected by a Wrst-
ten constitution, into an era. Of Iegisia-
f tive a'osolutism, in respect OF many
+ rights that are dear to ali the. peoples
who love freedom
IN my Opiuioh congress has no ex-
I istence ana can exercise no authority
I outside OF the constitution. Still less
( IS Il true that congress can deal with
( new territories, just as other nations
/ nave done or may do with their new
territories. This nation is under the
4 control OF IA written constitution which
/ IS the supreme law of the land and the
onlE source Of the powers which, our
i government, or amy branch or officer
Of it. may exercise at any time or at
any place. Monarehial and despotic
/ governments, unrestrained in stheir
/ powers by written constitutions, may
do with newly acquired territories
what this government maynot do con
ststentlY with our fundamental XIV
Fne idea that this e0untry may ac-
quire territory anywhere upon the
earth. 10y conquest or treaty. and hold
I them as mere colonies or provinces. is
! wholly INCONSISTENT with the spirit and
genius, IS well as with the words. of
the constitution. The glory of our
/ American system of government is that
j it was created by a written -constitJ-
ton, which protects the people against
the exercise of arbitrary, unlimited
! power and the limits of which may
( not be passed by the government ii
7 created, or by any branch of it, or
even by the people who ordained it.
except by amendment Tt VIII be an
evil day for American liberty il the
4 theory of a government outside OF the
supreme IaWf- Ofsthe land dnds lOdg-
Z ment in the constitutional Jurispru-
dence,'
CAUSE FOR ALARM.
4 Justice Harlan also commented on
the idea that congress could legislate
the constitution into contiguous terri-
tory such a Wow, he said, might well
! cause surprise III NOT alarm. Congress
4 had no existence except by. virtue OF
the constitution He pointed out that
the majority opinion susgested tnat
conditions might arise when the am
nexs-. N of distant possessions would
, becC deSirables 50 that concessions
inlght , eR pe made 1on a time, that
4 ultimately our own theories might bt-
carried olE But Mr.. Harlan disseuted
from. amy such theory OF our govern
mental system. He said.
The expanding future Of our cotin-
try jllstifying the belief that the
United States is to becdme what is
called g world power Of which 50
much vas heard in the arglmsnt, does
not justify any such juggling with the
words Of the constitution as would auz
thorize the courts TO hold that the
/ words throughout the United states
the