Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28

my7-26t-42 WASHlN'
United States. the exaction was repugnant
| to the uniformity clause.
The sole and only issue, then, is not
whether Congress has taxed Porto RICO
without presentation, for whether the tax
| was local or national. it could have been
| imposed. although Porto Rico had no rep
resentative local government and was not
represented in Congress, but is, whether
| the particular tax in question was levied
| in such form as to cause 1t to be repug-
| nant to the Constitution. This is to be re-
| solved by answering the inquiry, had Porto
| Rico, at the time of the passage OF the act
| in question, been corporated into and be
| cCme an integral part of the United States
Acquisition of Territory.
| Coming to consider the question, 1t was
| affirmed that the general principle of inter-
| national law was that country, sovereign
| within the limits of its powers, had the
right to acquire territory by discovery, by
| agreement and by conquest, and that the
general rule also was that when coun-
| try was acquired by either of these
methods the relation which it would bear
| to the acquiring country in the absence OF
| treaty stipulations was to be determined
| by that country conformably to its institu-
lions. Many international law writers and
decisions are referred to as sustaining
this theory.
1t is then declared that the United States,
in virtue of its sovereignty, possesses the
same powers on this subject that any
other country in the family of nations en-
joys. To support this. the Declaration OF
Independence the articles of the confedera-
ton which preceded the Constitution and
the Constitution itself, well as many de-
cisions of the court. were noticed
The assertion was made that the history OF
the United States from the beginning had
manifested that this power was possessed
by the United States. In this connection
the Justice read: Indeed, 1t is superfluous
to cite authorities establishing the right Of
the government of the United States to &C
quire territory in view of the possession OF
| the Northwest territory when the Constitu-
ton was framed and the cessions Of the
general government by various states sub
sequent to the adoption Of the Constitution
and in view also of the vast extension OF
the territory of the United States brought
about since the existence of the Constitu-
ton by substantially every form of acqui-
sition known to the law of nations.
Growth of the United States.
Thus, in part, at least the title of the
United States to Oregon was founded upon
original discovery and actual settlement Of
citizens of the United States, authorized
and approved by the government of the
United States. The province of Louisiana
was coded by France in 1903; the Floridas
were transferred by Spain in 1919; Texas
was admitted into the Union by compact
with Congress in 1919; California and New
Mexico were acquired by the treaty with
Mexico of 1S+S, and other western terrific
ry from Mexico by the treaty of 1853: nu-
merouS islands have been brought within
the dominion of the United States, under
the authority of the act of August is, 1856
usually designated as the Guano Islands
act. Alaska was coded by Russia In 1867;
Midway Island, the western end OF the
Hawaiian group. 1.120 miles from Homo
lulu, was acquired in 1867, and $4,000 was
expended in efforts to make 1t naval sta
ton; on the renewal of a treaty with Ha
wall, November 0. 1887, Pearl Harbor was
leased for permanent naval station; by
joint resolutions of Congress the Hawaiian
Islands came under the sovereignty of the
United States In 1898, and on April 30 1900,
an act for the government Of Hawaii was
approved, by which the Hawaiian Islands
We're given the status of an Incorporated
territory; on May p, 1880, there was pro-
claimed by the President an agreement,
concluded and signed with Germany and
Great Britain for joint administration of
the Samoan Islands, and on February 16,
1900 there was proclaimed a convention be-
tween the United States, Germany and
Great Britain by which Germany and
Great Britain renowned in favor of the
United States all their rights and claims
over and in respect to the Island of Tutuil-
la, and all other islands of the Samoan
group east of longitude Ill degrees west Of
Greenwich, and finally, the treaty with
Spain which terminated the recent war
was ratified.
The opinion continues: 1T Is worthy of
remark that, beginning in the administra-
ton of President jefferson, the acquisitions
of foreign territory above referred to were
largely made While that political party was
in power which announced as its funda-
mental tenet the duty of strictly constituting
the Constitution, and it is true to say that
all shades Of political opinion have admitted
the power to acquire and lent their aid to
its accomplishment. And the power has
been asserted in instances where it has not
been exercised.
ident Pierce, in 1854, a draft of treaty for
the annexation of Hawaii was agreed upon,
but owing to the death of the King of the
Hawaiian Islands was not executed. The
vided as follows (EX. doc. Senate, Fifty
fifth Congress. second session, report No
6S1, calendar No. TAI, page 81:
article II. The kingdom of the Hawaiian
Islands shall be Incorporated into the
American Union a state, enjoying the
same degree of sovereignty as other states,
and admitted as such as soon as it can be
done in consistency with the principles and
requirements of the federal Constitution to
all the rights privileges and immunities
of a state as aforesaid, on a perfect equal
ity with the other states Of the Union"
The opinion then goes on to say: 1T is
insisted, however conceding the right Of
the government of the United States to ac-
quire territory as all such territory, when
acquired, becomes absolutely Incorporated
into the United States, every provision of
the Constitution which would apply under
that situation is controlling in such ac-
quired territory. This, however is but to
admit the power to acquire and immediate
ly to deny its beneficial existence"
Reviewing this subject. the opinion in
sisted that the treaty making power, while
1t may acquire, cannot incorporate, terri
tory into the United States without the
consent Of Congress, express or implied
1t says to adopt the theory that the treaty
making power cannot insert conditions in
acquiring would deprive that power of a
necessary attribute, and would, besides,
confer upon it the authority to destroy the
government Of the United States.
Acquisition by Discovery and Con-
quest.
illustrations the subject Of discovery
and conquest were mentioned The opinion
says: IF the treaty making power can alb
solutely without the consent Of Congress,
incorporate territory, and if that power
may not insert conditions against incorpo-
ration, 1t must follow that the treaty maxi
ing power is endowed by the Constitution
with the most unlimited right, susceptible
of destroying every other provision of the
Constitution-that is, 1t may wreck our in
stitutions. If the proposition be true, then
williams of inha bit ants of alien territory