Evening star., 1901-05-31
A DISSENTING VIEW
Senator MorganAon the Supreme
Court 6icisions,
THE POWERS OF CONGRESS- DISCUSSED
Pertinent Constitutional Clauses
AnaIyzed.
LIMITATIONS. ON STATES

Senator Morgan Of Alabama was seen by
a Star reporter today, and, in reply to ques-
tions, gave his views on the recent United
States Supreme Court decisions in the in
sular cases. Senator Morgan does not ap-
prove of the decision Of the Supreme Court,
and expressed his difference Of opinion in
for chile language.
LAS all who are responsible for the pres
ervation of the principles that must con-
troll In our government must be free to
reach conclusions on lines Of reasoning
that are satisfactory to themselves" said
Senator Morgan, II have adopted for my
own guidance solution of the questions -
l mean the leading ones-that are decided
for the present in the De Lima case and the
Downes case by our Supreme Court.
Different From Justices Reasoning.
Perhaps 1 ought to feel dismayed at
the rashness Of adopting a line Of argu-
ment that none Of our great Judges seem
to have considered, but I cannot accept
conjecture as a basis Of reasoning, when
facts are in direct opposition; nor can 1
adopt conclusion and argue for Its sup
port by ignoring the actual state OF the
facts which must either be forgotten or
swept away before the conclusion can be
logically adopted
THE view Of these questions that salts
fies my mind and conscience is simple, and
depends upon few indisputable facts.
Assuming that Porto Rico Is within the
exclusive sovereign jurisdiction Of the
United States, 1t must follow tnat her gov
ernment is within the constitutional pow
ers Of the United States. Whatever may
be the extent or the method Of exercising
those powers as to other matters. Congress
has clearly defined and carefully limited
field OF authority and Of action as to the
levy and collection of tariff duties In Porto
Rico.
Guide to Congress.
This definition and restriction is fixed
in the Constitution as an unavoidable guide
to congressional legislation and a conclu
sive test Of its validity. 1t does not de-
pend upon the physical, commercial or
other condition of Porto Rico its po-
litical relations to the United States, ex-
cept IN the one fact that the island Is
within the sovereign jurisdiction and is
subject to the legislative power Of the
United States. 1t does not depend upon
the fact that duties, imposts and excuses
shall be uniform throughout the United
States although that requirement gives
the same section Of the Constitution which
defines and limits the power Of Congress
to lay and collect taxes, duties, imposts
and excises to pay the debts and provide
for the common defense and general well
fare of the United States
Taxes, duties, imposts and excises are
powers tndC are Self-Q6flnlnS, separate ana
apart from each other In their definition.
as they would be II they were each stated
as power Of Congress in a separate sec
| tion Of the Constitution
Powers to Collect Revenue.
"The power given, as to each form Of rev.
enue collection is not made to depend on
the power given or the form Of it's execu-
| ton with reference to any other power If
the only power given to Congress had been
that the Congress shall have power to
lay and collect duties the Limitation would
have been distinct as to the exclusion OF
all other powers of taxation; such. for ex-
ample, as the power to tax the states In
proportion to the value of all land within
each state to be estimated according to
such mode as the United States in Con-
gress assembled shall, from time to time,
direct and appoint, as was provided in the
eighth Of the articles Of confederation.
Il understand that the distinctive sepa-
ration Of these several powers into separate
grants is thoroughly established law of
construction under the decisions Of our Su-
preme Court.
Duties as that word Is used in sec
ton Of article of the Constitution and
also in paragraph of section of article l,
and also in paragraph l Of section 8 of art1-
Gle I, and also in paragraph Of section 8,
and also in paragraph 2 Of section 10 OF
article 1, all relate exclusively to imports
from and exports to foreign countries. Con-
gress never had power to levy duty On
anything that Is not an import from for
eign country. The words duty and duties
In our Constitution, with reference to the
collection OF revenue, have no reference to
domestic taxation. A state may levy an ex-
port duty upon its own productions, under
it's own laws, with the consent of Congress,
but Congress cannot levy such a tax, in
virtue of any power to collect revenue that
1t has in its own right.
Limitations on States.
But no state can levy an export or i'm
port duty upon articles going to or COM
ing from another state. Congress has the
| exclusive power to regulate commerce be-
| tween the states, but cannot levy import
| or export duties on articles transported
| from one state to another or through any
| state. The duties, such as were formerly
| levied by the states of Mexico, and the likin
| taxes in China and the octroi taxes in
France, have no place in our federal or state
| constitutions or laws. We abolished all
such trammels on our foreign and domes-
| tic commerce, of which there were many
under the articles of confederation. The
| Constitution was designed to abolish the
! entire system Of interstate taxation, and
all likin and octroi taxation, and has fully
| accomplished that object.
| "If Congress can levy duties on COM
merce, consisting Of imports and exports
between countries, states. territories. dis
| tricts or provinces that are included within
the sovereign Jurisdiction Of the United
| States it can only do SO by repeating the
| distinct legal Specification Of the word
| duties in paragraph i, section 8, article l.
| Of the Constitution
| Il will never vote to repeal that definition
while the Constitution remains unchanged -
| -<-s->-----
Uncle MingO and the Waiter.
| From the Savannah News.