Arizona silver belt., 1901-01-03

 sovereignty of the United States was one exercised under the Constitution and that if we are in the Philippines or Porto Rico it is because of the powers given by the Constitution. TAXATION WITHOUT REPRESENTATION
 Justice White interposed a ques- tion when Mir. Aldrich referred to the American protest against British tax ation without representation" Would this mean, the justice asked, that con- gress could not tax the new posses sions until they are represented in congress9 Mir. Aldrich said that It did not go that far, and the point was sufficiently answered in the case of Loughborough vs. Blake.
 Mir. Aldrich said he entered a pro test against the use of Jefferson's name in support of the proposition that the United States can acquire and hold territory indefinitely. It was settled beyond question that Jefferson himself had not regarded the Louisi- ana purchase as constitutional, and believed that a constitutional amend ment was necessary.
 Justice Gray asked his first question at this point, inquiring if counsel held that the Louisiana acquisition was un- constitutional. Mir. Aldrich answered that he did not so hold but Mir Jeffer- son did, and the arguments of that day showed how political influence s aff -cted final results.
 Justice Brown asked if it was safe to base judicial action on these argu- mentS ofcontemporary politicians.
 "I think not,n answered Mir. All drich, "and l refer to them only be- cause they occupy three-iourthS of the brief of the attorney general"
 MEANING OF OUR PLAIN DUTY.
 In speaking of the executive action, Mir. Aldrich referred to President Me Kinley's first message, stating that it was ''our plain duty to abolish all GUS toms tariffs between the United States and Porto Rico"
 Justice Shiras asked if the presi- dent was then speaking of the duty of congress.
 Nr. Aldrich said he supposed the president meant the duty of the na- ton. Justice Harlan also asked if the treaty power could go beyond the fourteenth amendment to the Consti- tuition, to which Mr. Aldrich an- swered that treaties could not over ride the Constitution.
 After citing Lord Mansfield's opin- ion on the limitation of the power of the king and parliament, MT. Aldrich said: Tt Is startling proposition that power denied to parliament as inconsistent with liberty and conso nant with tyranny, belongs to the congress Of the United States in one case and to the president thereof in another; that a power, the assertion oi which justified rebellion and pro- louged and otter war to resist, was carefully preserved in the very gov ernmenU established as the result of sucn resistance; that our foretathers denied an omnIpotent parliament to decree an umnipotenU congress; that wnaJ was tyranny as to them in l765 to l7l6 IS less than tyranny now. Time must be capable of changing prin- clpies if this proposition be true"
 ARBITRARY POWER FORBIDDEN.
 Speaking of America's early strug- gle for liberty, Mr. Aldrich said: ''Ihe yIrile remonstrances of the several colonies compare favorably with any puOnc documents ever produced. These discussions made the writing of the Decoration of Independence easy, ana were q fit preparation for the long years of struggle and self. sacrifice necessary to malu tain and es- taolisn the principles of that immor- tai production. We have since abol- ished slavery, and have lived, ad mittedly, tne foremost nation in all history, m all that stands for liberty, guaranteed by laws made by fret people, winch Is our boast and the oo. ject of our auoraJion. Our principles, our traditions, our liberty, our consJl. tuLlon, al lorDid that arbitrary power snail become our characteristic. The shaft aimed at the new colonial policy Is tipped with a feather from the American Constltution.n
 MT. AiarIcu closed with an eloquent reference Jo the work of our fore Iatners, which was not for their day, but for all time.
 As soon as he finished the court turned to other cases, allowing coun. sel in the PorLo Rico case ten days to fife further brief.
 This May Clear il Up.