The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-28

and by an unbroken line of decisions OF
this court, first announced by Marshall
and followed and lucidly expounded by
fancy, that the treaty making power
cannot incorporate territory into the
United States without the express or i'm
piled assent Of congress- that 1t may in
sert in treaty conditions against Am-
mediate Incorporation. 1t must follow,
therefore, that where a treaty coma ms no
conditions for incorporation, and, above
all, where it not only has no such con-
ditions, but expressly provides to the con-
trary. that INCORPORATION does not arise
until in the wisdom of congress it is
deemed that the acquired territory has
reached that state where it is proper
that it should enter into and form part
of the American family
Attention was then called to the fact
that the treaty of peace expressly pro-
vided that the civil rights and political
status of the inhabitants of the islands
should be determined by congress, ana
the conclusion was stated as follows:
THE result of what has been said is
that, whilst, in an international sense.
Porto Rico was not foreign country, 1t
was foreign to the United States IN a
domestic sense, because the island had
not been incorporated into the United
States, but was merely appurtenant
thereto as a possession AS necessary
consequence, the impost in question as
sSed on merchant Sc coming from Porto
Rico into the United States after the
cession was within the power OF con-
gress, and that body was not, more
over, as to such impost, controlled by
the clause requiring that imposts should
be uniform throughout the United
States; in other words, the provision OF
the constitution just referred to was not
applicable to congress in legislating 1or
Porto Rico
FOR THE PEOPLE TO SAY
In concluding, it was said that the
question when Porto Rico was to be In
corporated was a political question, to
be determined by the American people,
speaking through congress, and was not
for the courts to determine.
Justice Gray announced his concur
renee in the majority's conclusion in the
Downes case, and in doing so said in
substance:
THE civil government Of the United
States canEot extend Immediately and Of
its 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 as commander-in-chief. Civil
government cannot take effect as soot
as possession is acquired under military
authority, or even as soon as that pos
session is confirmed by treaty. 1t can
be put in operation only by the action of
the appropriate political department of
the government, at such time and in Sucn
degree as that department may deter
transition period. So long as congress
has not Incorporated the territory into
the United States neither military occu-
patton nor cession by treaty makes the
conquered territory domestic territory In
the sense Of revenue laws. But those
laws concerning foreign countries re-
main applicable to the conquered terri
tory until changed by congress. Sucn
was the unanimous opinion of this court
as declared by Chief Justice fancy In
Fleming VS.. Page, How. If congress is
not ready to construct a complete gov
eminent of the conquered territory, It
may establish temporary government
which is not subject to all the reskric-
lions of the constitution.
Such was he effect of the act of con-
gress of April IL, 1900, entitled An act
temporarily to provide revenues and
civil government for Porto Rico and for
other purposes The system of duties
temporarily established by that act dur
ing the transition period was within the
authority of congress under the constitu-
ton of the United States"