Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1901-05-30


sustained the government in this po-
sition in imposing duty. The su-
preme court affirmed the opinion Of
the circuit court. saying: Eve are
of opinion that the island of Porto
Rico is a territory appurtenant and
belonging to the United States, but
not a part of the United States within
the revenue clause of the constitu-
ton; that the Foraker act is consti-
tutional SO far as it imposes duties
upon imports from such island and
that the plaintiff cannot recover back
the duties exacted in this case"
Commenting upon the virtual alb.
sence of provision in the constitu-
ton for the acquisition of territory,
Justice Brown says it can only be ac-
counted for on the ground that the
trainers of that instrument did not
foresee the country's future posi-
bilities in that respect. "If," he says.
1T be once conceded that we are at
liberty to acquire foreign territory
presumption arises that our power
with respect to such territory is the
same power which other nations have
been accustomed to exercise with re-
spect to territories acquired by them.
If, in limiting the power which con-
gress was to exercise within the
United States, 1t was also intended
to limit it with regard to such terri
tories as the people of the United
States should thereafter acquire,
such Limitations should have been ex.
pressed. Instead of that we find the
constitution speaking only to states,
except in the territorial clause, which
il absolute in its terms and sug-
gestive Of no limitations upon the
power of congress in dealing with
them. The states could only delegate
tocongress such power as they them
serves possessed, ana as they had no
power to acquire new territory they
had none to delegate in that connec-
ton. The logical inference from this
is that if congress had power to ac-
quire new territory, which is con-
coded, that power was not hampered
by the constitutional provisions"
Following Justice Browns opinion
in the Downes case, Justice White de-
livered an opinion in which he said
Justices Shiras and McKenna united,
concurring in the decree affirming the
Judgment Of the Downes case, but
placing it on grounds which, he said,
were not only different from, but in
conflict with, those expressed by JUS
tce Brown. The question at issue in
this case, he said, was whether the
provision of the constitution giving
congress power to levy duties, imposts
and excuses, but requiring that they
should be uniform throughout the
United States,' had been violated by
the Foraker act imposing duties on
goods coming from Porto Rico into
the United States. The propositions,
deliberately argued at the trial, that
the government of the United States,
being created by the constitution,
that instrument, where it limits the
power of the government, does so
everywhere, wherever its authority
is exerted, were conceded. There never
could be any serious question that
when the government Of the United
States exercises an authority which
the constitution confers that the APP
plicable limitations of the constitu-
ton control It. Whilst this was true
universally, in every case the question
was not whether the constitution fol-
lowed the flag, but granting that it
did so, what provision was applicable
to particular cases. The cases which
it was said were an exception were
certain general limitations in the con-
stitution in favor of liberty and prop
erty which withdrew all power from
congress. Such limitations were
everywhere applicable, and OF course
could never be transgressed. In view
of this, the opinion went on, "there
is in reason then no room in this case
to contend that congress can destroy
the liberties of the people of Porto
Rico by exercising in their regard
powers against freedom and justice
which the constitution has absolutely
denied" The sole and only issue is,
had Porto Rico, at the time of the
passage of the action in question,
been incorporated into and become
an integral part of the United States?
Considering this question, Justice
White affirmed that the rule of inter-
national law was that the relation
which an acquired country would bear
to the acquiring country in the alb
sence Of treaty stipulations was to be
determined by that country conform
ably to Its institutions.
justice tray announced MS 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 cannot extend
Immediately, and Of its own force,
over territory acquired by war. Such
territory must necessarily, in the
first instance, be governed by the mill
tary power under the control of the
president as c0mmander-in-chief.
Civil government cannot take effect
as soon as possession is acquired m
der military authority, or even as
soon as that possession is confirmed