The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-03
Both Relate 10 the Collection of Gus
toms Duties oni Goods Sent from
This Country TO Porto Rico.
ARGUMENT OF J. C. CLANCY
WHO STRONGLY hPPosEs THE CON-
rrsrros OF rIlr GOVERNMENT.
+. IL. Coudert, Jrt, Thinks Congress
Cannot Legfslase for Porto Rico
If Latter Is Foreign Soil.

to be filed In the cafes involving
tons OF the United States to IL
possessions, which ahe TO be argu
United States Supreme Court ne
were submitted to-day. There ar,
the cases, and briefs were filed
them. namely, the @ases of Car
strong and OF Samuel b. Downes.
briefs the parties represent the p.
posing the contentions of the COVE
The Armstrong cafe comes TO
preme Court from tae Court of
Armstrong is a British subject dc
ness in Ponce, Porto .Rico. and n
recover tariff dues collected on {
ported into Porto Rico from ~
Philadelphia and Baltimore. The
Claims decided against him. an
peals from that decision. The bri
case was filed by Mi John c. c
behalf of Mr.. Armttrong. The
made in the brief taat the coll
duties was in the circumstances
ton of the Constitution of tn
States, as by the TERMS OF the Pa
the Island of Porto ISlco became
of the United States. Tie brief /
the following propositions as the
the appellants contest lions:
1.-The Constitution df the Unite
reaches over every PORTION OF the
domain, whether in tide form of ST
ritories or districts, because this
ton provides for Territories as
States. The cession Made by Spa
treaty of Paris produced an
change of title and sovereignty
Rico.
1.-THE President Of thu United st.
executive officer only, He has nc
exercise legislative fuactions. TIL
tion by executive orders of custOl
On commerce between, the Island
Rico and other parts bf the Unit
after the treaty of pesfce and the
of ratifications is unauthorized
and the collection of such duties
out warrant of law.
"A government without limitai
never Intended by the founders o
ton. They sought TO Establish ar
tablish a constitutional republic v
nished a written guarslntee of pro
all of it's Inhabitants. The idea IL
portion of the countrf the exec
legislative authority II subject {
tions and limitations, and that II
portion 1t is without any resti
limitation, that in one part I
government exists and sthat in anS
ar unlimited despotisn; is repugns
theory on which thh governn
founded. Every inhaHtant Is e.
the protection afforded by the
rights"
REPLY TO M;R. GRIGG
A large portion of the brief Il
to the refutation Of thu doctrine
by the attorney general in the G.
recently argued by him in the
Court, to the effect that the &c
of the United States should hay
limited hand in the control of
outside of the States Replying
declaration Mr.. CLANCY says:
MIR. Mckinley is the Presidel
United States-the President of
tory and it's people. He is not
dent of any other territory or d
he is the despot of no people and
tory. He was never Elected or
| stoned the despot of anybody OF
1.-The Congress is tie Congre
United States-the Congress- OF
tory and people of the Omitted ST;
| not the Congress OF ANY other
OF people. 1t is omnlpotent nc
the face of the earth. II was {
the people OF the United State:
| Constitution specifically pointing
powers and duties. Itlexists by
| that Constitution. as does also
Dental office. 1t is onlnipotent
1.-The only omnipoteht thing
| of heaven is the Contribution
by the fathers out OF times viii
the necessity of providing again
ism in the presidential office. an
the omnipotence OF mtn repress
people of the United States.
lone would think. 30 hear
ments advanced by the goyernn
there are no restrictions or
of any sort upon Congress- or
dent, so far as the Territories
| cerned. They may givk TO Alas
soIute monarchy, they may gi
Hawaiian islands a Ttepublic,
give TO Porto Rico such a Cove
| Weyler would provide; fhat they
To the Philippines a firm of z
after the plan Of TURKEY and c
they may establish a republic II
and a monarchy in another; that
deny TO the unfortunate inha
these islands ali the Recognized
privileges which characterize tn
civilized nations. In short. the.
store all the relics of btrbarism.
is no power on earth Ito stop
them. 1t is no answ!- to TIL
| that the Congress is tpo enligh
the President too mercgful TO co
acts of tyranny and oppression
not change the question: We co
no such right exists; that c.
it's government Of thd Terrific
self subject TO constitutional
that the people Of thSsj Terrifol
cnies are protected bI these
and that they may themselves
| that instrument for projection. !"
The brief in the DoTnes case
by +. r. Coudert, jr. In thi:
ception is taken TO the tm2ositio
OH goods imported into. the I'M
from Porto Rico. In his brief NJ
quoting the decision OF Ehe SUPP
ia the Cherokee nation Ease, ask
Paris treaty did not make Poi
part OF the United STATES. how
Congress OF the United States
with the right TO iegis,ate for
determine the civil rights an
status OF its native inhabitant
Replying TO his own question
dert says: 1.-The Congress OF I
States is not invested by the
ton and cannot therefore be 4
treaty with fhe power Ito iegis
foreign country"
AZ Coaldprf olG0 suggests fhQ
of an amendment TO tha Constit
ing: Nor need there be any co
reference TO the question OF e.
IL the people of the Ihited s
il expedient that the ADDITIONAL
ercised by their Temporary age
be approved and shoulg be CO
their successors, the PEOPLE can
The Constitution has provided
method for ordaining. III has
| lished the Supreme Couft for fh
A constitutional amendment. II
by the people. can be ipresenti
gress and ratified by fhe legf
less time than IL will lake til
unravel and determined the
| questions involved In THIS case.
luton in our method OK COVER
: | I'm the principles for which n
ment stands is TO be made II
. | made by the power which is q
| OF all goVernment-the tpeopie-
| benefit the government Ill made.
. | ly should not be done bt' a cou
TO be a conservatOr OF Ill our
and not the voice OF tbs, people
the form and character OF th'
tons"
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