Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-28

ana departments OF government and was
meant 70 leave no room for the play and
acuion o. purely personal and arbitrary
I From Marbury W.. Madison TO the
present day, no uttcrancc Of this court
mas lntimatcd doubt that In It's opera
[ tion Inc people by whom and for whom u
was established. the national government
is government Of enumerated powers
| the exercise Of which is restricted to the
use OF means appropriate and plainly
adapted to constitutional ends and which
are not prohibited. but consist with the
letter and spirit OF the constitution
'Thc power OF tho United States TO ac-
IquIrc territory by conquest. by treaty. or
| by discovery and occupation, is not dis
puted, nor II the proposition that in all
international relations. ntercais and re-
, sponsibiities. t..e United States is sep
arate, independent and sovereign nation,
but il does not derive !tB powers from in
tcrnational law, which though a part Of
! our municipal law, is not part OF the
organic law of the land.
with reference 10 the paragraph in tho
treaty of peace declaring that "the dYil
rights and political status Of tho native
inhabitants of the r:itorlcs hereby cedci
10 the United States shall be determined
| by Congress the chief justice said this
was nothing more Than declaration Of
the accented principles Of international
law applicable 10 the status OF the SDan-
sh subjects and Of the native Inhabitants.
The constitution did not Yield T. treaty
or enactment. nor did its theory bend 10
circumstances.
CHIEF Justice Fuller absolutely rejected
the contentious that tho rule of uniform
cause IL had not been incorporated into
ANA become an integral part Of The United
States. The word fncOrpOra ION had no
occult meaning and Whatever lis fltuatlcu
before the Foraker act made Porto Rico
AN orranizcd territory Of the United
States. He could not accept the view mat
oven after organized Congress has The
power 10 keep II like a diser1bodicd shape.
IN nuint. rfncdiafc state of ambiguous ex
iytcncc for an indefinite period. and, more
than that, after II mas been called from
that limbo. commerce with it ~ absolutely
subject to the will Of Congress. irrcspcc-
tive of constitutional provisions.
I'm our judgment so much 81 Porto M
can act as authorized the imposition Of
these duties is invalid and plaintiffs were
entitled To recover.
Marshall wrote: 1T IL not enough 70
SAY that this particular case was not IN
the mind or the convention when the ar
tiC'c was framed, nor OF the American
people when II was adopted. 1T y ncctH-
sary TO 80 farther and to say That had
his particular ease been suggested, the
Language would have been "a varied as to
exclude n. or 1t would have been made o
special exception.
Justice Harlan announced his concur
renee with the dissenting opilion Just De
llvcrrd hy the chief justice. lie regard
81 tltr Foraker act as Iuconstli uupHai IN
it, revenue provisions ard believed thai
Porto Rico after the ratification or th=
treaty with Spain became 4 part o. the
United States
In nv opinion Congress has no exist
rur,. anil can exercise no authority out
side OF cons. tuition.
tit will be- an evil day for American
liberty II the theory Of government OUT
SiAc or tho supreme court law 81 N.
lands Iiuds lvdgmcnt ia our constitutional
JURISPRUDENCE.
Justice Harlan also commented on the
Idea that Congress could ''lesislate the
constitution Into contiguous GflluprA
Snrh a view. he said. might well cause
surprise IL not alarm. Congress hai y"
existence except by virtue of the consi-
tuition. .,-.
M conclusion. Justice Harlan said: "Ihc
addition Of Porto Rico To- the territory 81
nv. United States has been recognized by
direct action upon the part OF toiSFcSs-
ii bns lcrIsIatcd In recognition Of the
treaty with Spain. II Porto Rico did not
ly such action become part 81 the Unit
ii Stat. y did become such at least WhcI
Cnnrrrsz rasSef the Foraker act. ! can
M, brlicve mat Congress may impose aily
duty iinpoSt or excise Win respect y
that territory and its people whirh Is noi
consistent with the constitutional re-
oiIir.m,nt that an duties. imposts and et-
ciscs shall he uniform Throughout me
T+rtfy.F States