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

duties zs n SAY 81. IN this case the
Court held that the Territories are
mere creatures Of Congress. cot even
IN taking this radical departure from
ali previous decisions Of the Supreme
c0urr 81 this npnsntous question
the Court held. as expressed By Jus
tice Brown. who rendered the ma
jcrity opinion. that.
Whatever may be finally decided
By the American people as 70 the sta
tus Of these islands and their inhzb-
they shall be intro
duced into the sEsterhood Of States or
be permitted 70 form independent goT-
ernments-it does not follow that N
the meantime. awaiting that decision
the people are in the matter Of per
sonal rights unprotected By the provf-
sfons OF our constitution and subject
to the merely arbitrary control Of
Congress. Even IL regarded as aliens
they ara entitled under the principles
Of the constitution 20 be protected IN
life. liberty and property
From this it seems clear that while
the Court held that Congress might
impose customs d1ties upon the insu-
lar possessions and that the first
clause of Section s. Of Article l, Of
the Constitution does not apply TO
Porto Rico, the various amendments
to the Constitution. including the
Fifth. Sixth and Thirteenth amend
ments, do apply 10 all the insular pos
sessions and have applied to them
from the date of the action OF Con
gTess under which they became the
territory Of the United States.
That the decision in the Downes
case win become a political question
there can be no doubt It overturns
all the precedents Of the Court. II
overturns the opinion of the Court as
written by Chief Justice Marshall in
the early days Of the Republic. wher
many Of the trainers Of the Constitn
ton were yet living. The minority
opinion, as fled by the Chief justice
and by Justice Harlan, will go dowT
| as among the strongest ever prepared
| By membt rs OF the court.
Chief Justice Fuller well says il
| his dissenting opinion:
The logical result (of the decision
is that Congress may prohibit con-
merce altogether between the state
| and territories. and may prescrih'
one rule of taxation in one territor.
and a different rule in another. Tha
| theory assumes that the Constitution
created a government empowered {,
| acquire countries throughout tn
world, to be governed by dineren
| rules than those obtaining in tn
original states and territories. an
| substitutes for the present system o
republican government system o
domination over distant provinces Il
the exercise of unrestricted power.
The Chief Justice also quotes Jus
| tice Marshall 10 the effect that til
District Of Columbia, or the territor
west of the Missouri, is not less with
| in the United States than Marylan
| or Pennsylvania; and it is not les
necessary on the principles of our Cor
stitution that uniformity in the impoe
| ton of imposts. duties and excise
should be observed in the one NOR
| than in the other
| While the great majority of tn
American people believe in expansion
we do not believe they win endors
expansion If it is only to be maintain
| ed by the remuneration of all thos
great principles and ideas which hav
helped TO build up a triumphaf
democracy in America in the past Gel
fury and quarter. This question
too far reaching to be settled even B
| a decision of the highest court of tn
land. Ii will now go before the peopl
the supreme power. for settlement
the ballot box.