The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-09
PART OF OUR TERRITORY
Constitutional Boundaries Declared
TO Include the Islands.
Strong Points Made by +. II. Coudcrt,
Jr. I'm the Porto Rican Cases be
craI Government Without Exist
ence Save in Its Fundamental Law.

Argument was begun in the Supreme
cases involving the constitutionaltty OF
the Porto Rican tariff legislation of
March, 1900. A modification of the order
governing the debate was made earlier
in the day, by which the court permitted
three of the counsel for the petitioners to
open the case and one (ex-Secretary Car
lisle) to close, and gave them six hours
for argument. An intimation was given
that the Attorney General and Solicitor
General would be granted a like extern
sion of time. This will, if all the time
be occupied, take up the remainder of
the week.
F. r. Coudert, jr., opened the argument.
presenting the facts in the two cases of
d. S DeLima G. Co. and Samuel B.
Downes VS.. George r. Bridwell, Collector
of Customs at New York. They were
suits against the collector individually
to recover duties paid under protest on
invoices of sugars imported from Porto
Rico, DeLima's being brought in before
the passage of the act of March. 1900,
and Downes' subsequently to its passage.
The lower court decided against the i'm
porters.
Mr.. Coudert said. answering a question
by Mr.. Justice Harlan, on the ground
that the method of procedure was errone-
ous that the suits should have been
against the United States under the Gus
toms administrative act. Counsel how
ever. relied upon the decision of the Su-
preme Court in the Fassett case Omitted
States reports 1922, where Collector Fas-
sett. sought to collect duties upon Mr..
Vanderbilts yacht "Conqueror." to vindi-
cate the accuracy of their judgment in
the selection of the remedy chosen.
Mr.. Couderf's Propositions.
Passing to the merits of the cases, Mr..
Coudert said they presented the question
whether under the Constitution the Gov
ernment was authorized to impose a tax
upon merchandise brought into New York
from Porto Rico after the cession of that
island to the United States by formal
treaty duly ratified and proclaimed Such
a tax had been here imposed under the
supposed authority of the Dingley tariff
law of 1897. The following propositions
were laid down by Mr.. Coudert as
basis for his argument:
First-The Treaty of Paris ceded
Puerto Rico to the United States Puerto
AsANp thSAi came completely u0QeT the SOW
erelgnty and dominion of the United
States. The political map of the world
was changed and Puerto Rico became geo
graphically part OF the United States or
OF what Marshall called the American
Empire under the statutory name CT
Porto Rico
Second-The clause of the treaty leav-
ing the determination of the civil rights
and political status of the native inhabi-
wa lv 10
OF the power given by the Constitution
TO withhold political rights and franchises
and to establish civil government and en-
act municipal laws in all places where no
State government exists.
Third-AH territory lawfully acquired
and taken under sovereign jurisdiction is
part Of the United States
Fourth-The Constitution is a charter
or grant of powers conferred upon the
Federal Government by the people of the
United States. The Federal Government
has no existence outside Of this Consti-
tuition Hence 1T is q confusion of terms
to speak of territory to which the United
States has acquired title as not being
within our constitutional boundaries or
incorporated into the United States. II 30
a misapprehension OF the nature of our
= institutions and Of the function of the or
ganic law Of our national existence known
as the Constitution to speak of any part
of the nation being beyond its boundaries.
or to speak of Its extension over portions
of or over all of the national territory.
There is no boundary to the Constitution
other than the whole sphere of The ac
tivity of the Federal Government. Out
side Of that sphere, beyond that bound
airy, the Federal Government can cnly
act by usurpation-a Government of
force, not of law-and officials assuming
to act for the United States outside of the
prescriptions OF the Constitution are.
however well intentioned, outside Of the
law
'Fifth-Terrltory acquired by the law
or treaty-naking power, and hence COM
ing under the sovereign jurisdiction Of the
United States, may be governed by the