The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-06
THE INsuLAR DECISIONS.

The most momensous decision
ever handed down by the United
States Supreme Court not excepting
the famous Dred Scott decision. has
Just been rendered in what is known |
as the insular cases. These cases |
have reference to the position occu-
pied by the new island possessions Of |
the United States towards the rest OF |
the country. They also relate to the |
extension Of the Constitution over
newly acquired territory. To the Law
man II would seem that in the De
Lima and the Downes eases the court
had practically reversed Itself In the
De Lima case the Chief Justice, and
Justices Brown. Peckham, Harlan aud
Brewer united in rendering the nd
jority opinion of the Court In this
opinion the Court held that Porto Rico
became territory OF the United States
from and after the ratification OF the
treaty OF Paris by which Spain ceded
Porto Rico TO the United States; that
Porto Rico could not remain foreign
territory and United States territory
at the same time. and that having
been ceded to the United States II be-
came at once after the ratification of
the treaty by the Senate. a Territory
OF the United States. and as such
the customs duties levied upon articles
imported into the United States from
Porto Rico were illegal.
OF course the great question at is
sue in this case, as in all the others,
is as TO whether or not the constita-
ton follows the dag into newly as-
qpired territory OF the United States.
The Supreme Court has undoubtedly
held that it does. The Court holds
that by the ratification of the treaty
of Paris. Porto Rico became Terri
tory Of the United States and subject
TO the Constitution and laws Of the
United States On this particular
point the Court says:
by article IL OF section 3 the Presi-
dent is given. power by and with the
advice and consent of the Senate, to
make treaties, provided that two
thirds OF the Senators present concur,
and by article 6. this Constitution and
the laws of the United States, which
shall be made in pursuance thereof.
and all treaties made, or which shall
be made. under the authority of the
United States. shall be the supreme
law OF the land
1T win be observed that no distinc-
ton is made as to the question OF
supremacy between laws and treaties.
except that both are controlled by the
Constitution. A law requires the as
sent OF both houses of Congress, and.
except in certain specified cases, the
signature of the President A treaty
is negotiated and made by the Presi-
dent. with the concurrence OF two
thirds OF the Senators present, but
each of them is the supreme law OF
the land.
zone OF the ordinary incidents az q
treaty is the cession OF territory. II
Is not too much TO say ii is the rule
rather than the exception. that a
treaty of peace. following upon war
provides for a eession OF territory
10 the victorious party. The territory
thus acquired is acquired as absolute
IN as II the annexation were made as
in the case OF Texas and Hawaii, by
an act Of Congress.
1T follows from this that by xatfh.
cation OF the treaty OF Paris the island
became territory OF the United States
although not an organized Territory
in the technical sense Of the word.
The text OF the decision in the Ha'
waiian case is not at hand. but. from
the fact that the court held that the
duties for which Crossman saed mus
be refunded and from what Il says
in the De Lima case, Il is certain thai
the court does not hold that thers
ever existed any Transition period
such as the Supreme Court OF Hawai-
tried to set forth. The Supreme Court
il win be seen. held that the act 0
Congress annexing Hawaii was s.
preme law OF the land under whicl
Hawaii became American Territory
and from the time Of the signing 0
the Newiands resolution to this Ia.
Hawaii has been an American Terri
tory regardless OF whether or not Coz
gress had established regular re.
rit0rial government
In the Downes case. while hoidinl
49, 49,. NJ. a. a~n.-s.,-. &s.,-s4 -