The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-01-12

not a part Of the Unned states, MI. Car
lisle, read a history OF the framing OF the
constitution, showing that nrst 1t was
the inten,icn taat "all treaties" should
be the supreme law CO the land. This was
before the word 'c5nstltutionv hsd been
introduced. aud he tack II 10 mean this !
u was the intention 10 have shc eonsti
tuition apply 20 ali parts OF the cbuntr :,
whether in the States or simply in ter
ritorv belonging 20 tAem.
MT Carlisle argued that the c0nstitl-
ton must be interpreted as whole and
must enable the government to accom-
plish al the purposes tor which l. was
framed
There would be two constitutions. he
said, In the Interpretation OF the counsel
on the other slde--one for sln.ea, a.
ming the powers aud caring for tie
rights OF citizens and tho oihor for the
territories, giving no rights. Upon lha
constitution here has been % istrucicf
q comprehensive system Of laws govern-
ing all States aud Territories. and from
the lrst congress has made uniform laws
Tor trafiic between States and Tcrri-
tories, as well as extradttlon, bankruptcy
and other laws.
mir Carlisle undertook to show that
both dlrcu, and indirect taxes had been
laid upon States end TERRITORIES alike
AMI du'les had bean laid upon impoIas
lno TerfIories as we'll ss States Under
hhe conter'tlou of 0he government than
territories were not part OF the United
Stntes. it might Zoe taken that goods
eould so free from Porto Rico TO Alaska.
but this was not the case, for the same
dutcs are charged on goods from Ter
rltory going 10 Porto Rico as from a
State.
That the Gax levlod Us local tax was
denied, 6ut II was denominated a tax for
local Purposes.
we lnslss," he said. that this Is
not an import duty. We object to tho
form under which the government seized
our goods and held them on thelr ar
rival at Porto Rico unall we paid them
TRIBUTE in the form OF a tAx"
An import is something, he said com.
ing from foreign country Porto Rico
can NOT be a foreign country. for Its
courts send appeals TO this body. This
-, wherefore, not an import TAX hut an
EXPORT tax upon goods sent out OF those
states ana there are two specific pro
h'bltinns against such export duties.
MIR. Carlisle argued that there could
be no export, DUTY aud said thar there
must be BXed some time when Porto
Rico ceased TO he foreign territory, ana
even with what poinr he urged that the
tax must be considered nnconstniutional.
Argument was made Hhat the tax was
an export tax aud as such in direct viola
.ticn uf the constitution Of the United
Ststes, This tax. he said unAer Mhica
this law Is as general AS tariff law, -
said to be local tax, II is Collected
oyerSwheps, in every State aud Territory,
How can IT be Cpllcd local?
we deny" he went on, THAT the con-
gress has any right 10 impose any such
tax upon the trade between the States
ana Territories. Congress may regu-
late commerce and may govern the Ter
ritory hut under Tho guipe o. governing
tina, Territory may not govern The states
ef New York or Pennsylvania. Whom IL
places tax upon the goods taken to
Porto Rico It rs governing the State.
The limitation must follow every power.
The power OF congress Ia leglslate
may DE sHbieot TO all limits OF logisla-
tlou
Had It not been that African slavery
was involved, said MIR Carlisle. In con-
clGSon, There would have heep no dis
sent from 'ihe decision in tho bred Scot.
oase. Now we have case Win the
negro eliminated, We have case whore
Citizens are taking thclr properly into
q Territory OF the unitSd States hut In
WHICH there IS no conflicting point like
slavery The conditions are changed.
Then 3he unlimited power OF congress
was urged by the advocates OF slavery ;
now 1t is urged ~ The advocates OF free
dom. II u is true That eaere lies this
arbitrary power In tina constitution, we
should re delighted that III was not dis
covered before
Mr., Carlisle concluded and Senator
Lindsay OF Kentucky began the argument
for he plnintin in the next al the Porto
Rscan GASES, that of lIuus VS. tho New
York and Porto RiAan StDimshin com a..