Washington sentinel., 1901-06-01
STILL A REPUBLIC.

the American flag. The Supreme
Court has made that perfectly
clear.
On the detail of the right OF Con-
gress to levy duties on goods pass
ing between Porto Rico and the
mainland Of the United States the
Government is sustained. But on
the fundamental question whether
the Constitution follows the flag
the decision is for the Republic.
The new doctrine advanced by
the Administration was that the
creature vas greater than his cre-
ator. On this theory the President,
who owed his existence to the Con.
stitution, and who, but for the Con-
stitution, would be only plain
William Mckinley, OF Canton,
Ohio, could rule vast regions and
millions Of people outside OF the
Constitution. In Porto Rico and
the Philippines he could be a car,
reigning by his own will and re-
strained only BY a collection OF
other czars called Congress.
The Supreme Court has given
that pretension its eternal quietus.
1t upholds the Porto Rican tariff
true--but it does so not on the
ground that the President and Con.
gress have the power to make laws
for Porto Rico outside Of the Con.
stitution, but on the ground that
making a tariff for Porto Rico is
one OF the powers they possess
under the Constitution.
This decision leaves intact all
the constitutional guarantees Of
civil liberty for the Porto Ricans.
II puts Porto Rico on a level with
the other American Territories
with Arizona, with New Mexico,
with the District OF Columbia.
1t is little startling, Of course,
to be told that Congress may con-
stitutionallY levy tariff duties
against Arizona; yet that is not
novel doctrine. It has often been
advanced before, and is sustained
by the strict lettea OF the Constitu-
ton. 1t is trivial matter com
pared With the portentous asser-
ton that the Constitution itself has
been outgrown,
The Court has summarily sup
pressed the Presidents aspirations
to act as dictator. Congress is
the lawmaking power, it tells him,
not he. His collection Of duties
by his own auth horitV between the
time when the treaty Of peace was !
ratified and the time when Con- |
gress framed a tariff for Porto Rico |
was absolutely illegal, and every |
cent so collected must be returned. |
The policy Of the Administra-
tion narrowly escaped total ship
wreck. Four Of the nine Justices
voted to annul the law on the
ground that Porto Rico had been
Incorporated into the United States.
A change OF single vote would
have left not a shred OF the Presi-
ient's programme. Four Of the
i've Justices who formed the mai
'rity believed that the Constitution
ollowed the flag. and only single
'ne out ofthe nine members OF the
Court held that Porto Rico could
'e governed outside of the Consti-
ution.
When the Republi :an party was
ormulating its revolutionary pol.
cy Of imperial exploitation it was
aid:
This Republican policy wipes
ut million American citizens
nd substitutes a set ofnondescript +
OF Porto Rico" What
Porto Rico7 1t is not a nation;
is not State-it is not even a
erritory. Is it a province, a col 7
ny, or just taxing district
Let the Republican party say no
ore about Democratic opposition
expansion. It's not expansion
at is in question now, but the
OF what we have.
he Republican party is trying to D
ave down the United States.
The Supreme Court has answered
ese questions.
Porto Rico is an American Ter an
ory. It's flag is the Stars and m,
ripes. The American Republic
5 not begun to contract.
There are still some important
Itters left to be cleared up. The nv
lrt has not yet decided the Phil IlH
line case, nor has it ruled dir Oh
ly on the question Of citizen !du
p. The obitur dictum Of Justice Of,
OWN, intimating that the Porto an an
cans are not citizens, cannot be anC