New-York tribune., 1901-05-28

conferred upon that government by the consti-
tuition, by the mode in which those powers have
been executed from the beginning, and by an
unbroken line of decisions of this court first
announced by Marshall and followed and
lucidly expounded by Taney that the treaty
making power cannot incorporate territory into
the United States without the express or i'm
piled assent of Congress, that it may insert
in treaty conditions against immediate in
corporation. 1t must follow. therefore, that
where treaty contains no conditions for In
only has no such conditions. but expressly %
oe net mrse in the h% ," OF n
ErrsS a IT. is dsc%ed lint the ae%%rsa terri 81
proper that il should enter into and form a
part of the American family.
Attention then called to the fact that
the treaty of peace expressly provided that
the civil rights and political status of the in
habitants of the islands should be determined
by Congress, and the conclusion was stated as
follows
while in international sense Porto Rico
was not foreign country, it was foreign to the
United States in domestic sense, because the
island mad not been incorporated into the United
states. but was merely appurtenant thereto as
a possession. AS a necessary consequence. the
impost in question assessed on merchandise COM
ing from Porto Rico into the United States after
the cessfon was within the power of Congress,
ana that body was not, moreover. to such i'm
post controlled by the clause requiring that i'm
posts should be uniform throughout the United
States; in other words. the provision of the
constitution just referred to was not applicable
to Congress in legisating for Porto Rico.
In concluding it was said that the question
when Porto Rico to be Incorporated was a.
political question, to be determined by the Amer
lean people, speaking through Congress, and
was not for the courts to determine.
VIEWS OF JUSTICE GRAY.
Justice Gray announced his concurrence in the
maJority's conclusion in the Downes case, and
in doing said. in substance:
The civil government of the United States
cannot extend Immediately and of it's own
force over territory acquired by war. Such
territory must necessarily, in the first instance
be governed by the military power under the
control of the President commander chief
civil government cannot take effect as soon as
possession is acquired under military authority
or even as soon as that possession is confirmed
by treaty 1t can be put in operation only by
the action of the appropriate political depart
ment OF the government, at such time and in
such degree that department NAV determine
Inere must of necessity he a transition period
SO long as Congress has not Incorporated the
territory into the United States, neither mill
tary occupation nor cession by treaty makes
the conquered territory domestic territory in
the sense of the revenue laws. Put those laws
concerning foreign countries remain applica-
bic to the conquered territory until changed by
congress. Such was the unanimous opinion of
this court. declared by Chief Justice Tanev
in Fleming vs.. Page, How.
If Congress is not ready to construct COM
plele government OF the conquered territory II
may establish temporary government which
Is not subject to all the restrictions OF the con-
stitution.
April IL, 1900 entitled AN act temporarily to
LroVlde revenues and civil government for
Porto Rico and for other purposes" The sys-
tenn OF duties temporarily established by that
act during the transition period was within tho
authority of Congress under the constitution
of the United States.