The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-06-07

| fBli piruafy powers ~ Congress 40 gov
I prn territory acquired 10 any name
Z that it may soc a. IN this rBnnpti1i
| the decision viii act ~ precedent li
the deciding of the appeal a. g. Ia
wHiinn impurtpiiune Tor Tho status Al
these Islands and Porto Rico after th'
| passage of the Foraker act, may b.
said tp be exactly the Famo Conprcts
had acted w the passage 81 70 'arin
law. M the case ~ this Territory
q consisted IN the providing that av
istiug laws should be- In force A'
% the contention that the constitution
extended TO all new posse ssiJus ot th,
United states, which came - II ts 4
result OF the Spanish war, cX proprio
ylgore, this sentence from Justice
Browns opinion Is final
Tho practical Interpretation put by
Congress upon the Constitution has been
long continued and uniform to the effect
that the Consultation is applicable TO
Territories acquired by purchase or con-
quest only when and 50 far as Congress
shall direct.
II Is indeed fortunate that there was
no division of the court upon political
lines. The dissenting justices represent
each Of the great political parties.
There are no greater lawyers in the
country than the four who could not
decide with the majority. chief JUS
tice Fuller. Justices Harlan, Brown
and Peckham are the peers Of their as
sociates i'm all that goes to make the
iurist, but there seems to enter into
the two discussions of the matter in
VOWED most prominently the power of
Congress In the opinion of the ma
jority of the court 1t is plainly held
that there is no limitation on the power
OF Congress to legislate for government
of any Territory acquired by the ma
ton. This is a virtual overruling Of the
opinion of the same court made when
Marshall was chief justice. Chief
Justice Fuller says:
Chief Justice Marshall. in that case. in
considering the provision that ali du-
ties, imposts and excuses shall be uni
form throughout the United States"
said: Does this term Cthe United
States) designate the whole or any por-
ton of the American empire? Certainly
this preston can admit of but one an
swer. ( is the name given to our great
ReTublic, which ~ composed of States
and Territories. re District OF Column
bia or the Territory west of the Missouri
Is nCt less WITHIN tnf nlteO States imam
Marylnrd g Pcnnc.:,>i nia; ana 1t Is not
less necessary. o.. tn" principles of our
Cons. ,'It!on. that III :ioiInItv in the i'm
position OF imposts. Guties and excuses
should be observed in the one than in
the other. Since, then. the power to lay
and collect taxes, which includes direct
taxes. is obviously co-extensive with the
power to lay and collect duties, impoots
and excuses, and since the latter extends
throughout the United States, it follows
that the power to impose direct taxes
also extends throughout the United
States.
The majority of the court sets forth
she consistency of the Downes opinion
In light of that in the De Lima case.
where the holding is in fact that dur
ing the period between the transfer of
sovereignty and the passage of the
Foraker bill, no duties could be collect
ed This again is a matter turning on
the rights of Congress- powers which
are paramount to every consideration
of policy and inherent right. 1t is per-
haps unfortunate that there should
creep into the opinion words which
seem to indicate that there was
thought of expediency in the mind of
the majority in the rendering OF the
opinion. This may be inferred from the
references to the fancy decision in the
DR.. Scott case, and the phraseology of
the conclusion. The latter paragraph,
however set out the mind of the court
so closely that 1t is best to quote in
full:
Patriotic AMI intelligent men differ
widely as to the disturbances of this or
that acquisition We can only consider
this aspect of the case so far as to say
that no construction of the Constitution
should be adopted which would prevent
Congress from considering each case
upon its merits, unless the language or
the instrument .mperatively demands 1t.
A false step at this time might be fatal
to the development of what Chief Justice
Marshall called the American empire.
Choice in some cases, the natural crawl
tation OF small bodies toward large ones
in others. the result of successful war
in still others, may bring about condi-
lions which would render the annexation
of distant possessions desirable. II those
possessions are inhabited by alien races,
from us in religion, customs,
laws. methods of taxation and modes of
thought, the administration of govern
ment and justice, according to Anglo
Saxon principles, may for a time be inn
whether large concessions ought not to
be made for a time that ultimately our
own theories may be carried out and the
blessings of free government under the
Constitution extended to them. We de-
cline to hold that there is anything in
the Constitution to forbid such action.
OF the undecided cases, one, that of
the fourteen diamond rings, will have
the second matter, the right to collect
duties on goods from the Philippines,
in il. This may mean much dissention.
Upon the face of the opinion in the De
Lima case, 1t would appear that there
Is no authority in law for such collec-
ton. on the contrary, it will be as
strongly urged that there was war in
existence and n disputatiOn of the au-
thority of the United States in the
archipelago. That the court adjourned
without such decision is unfortunate
but to those who know the high stand
ing OF the tribunal there will be
found no Judgment for the accusation
which Is being made already, that the
a