The St. Louis Republic., 1901-05-28
CHIEF JUSTICE FULLER AND OTHERS, DISSENTING
UPHOLD SUPREMACY OF THE CONSTITUTION.

The chief dissenting opinion in the
Downes case was announced by Chief JUS
tice Fuller, Justices Harlan, Brewer and
Peckham joining in the dissent. He said
the majority. though widely differing in
their reasoning. seemed to concur in the
view that Porto Rico belongs to the United
States, but nevertheless liz not a part Of
the United States subject to the provisions
Of the Constitution in respect to taxes.
The Foraker act. under which the duties
were levied. created complete form Of
government for Porto Rico. with a spe-
cial provision that the taxes levied in the
United States on Porto Rican exports
should be held a special fund for Porto
Ricos benefit. 1t was admitted that on its
face the part of the act with reference to
duties did not comply with the rule OF uni
formity prescribed by the Constitution.
Continuing. the opinion says:
The constitutional uniformity is a geographical
uniformity. but 1t vas said that Congress IN at
power derived from the first clause of setcion s.
Tetories Congress exercise. " unmed poxens
Of government. and moreover. that these duties
This court. 4 $50 when Marshall was Chief
Justice; ;ssie and T washington: William JohnsSn iAv-
congress- II the matter Of laying and Collecting
Wheat. sl7. has never been oyerTuied. w. -'--'S'
Chief Justice Marshall Overruled.
,ory that the CHIEF Justice ss Certain saH OBJ
servations which have occasioned some embar-
u court delivered BY him ' must t"s se 0e em
barra.sins in this case: for II is necessary to
suit herein announced.
..fn Chief Justice Marshall IN tina. case IN ecn.d
,ns n.a :ad s % be ss0% TT, ,sq
tat AnSi thA ,hn1.
sion Of the Empire. ofsans aa my PSl sS.
vsn can admit or Of but s the
posed Of States and TERRITORIES.
., te Missouri Of no 9. the ,S is9s es
United States than Maryland or Pennsylvania:
q iss ss on the Inc @
position Of imposts. duties and s.cises should be
Snf lay shan and e es ss sss
4SihSdss ,h , direct taxes s obviously ooe1tensiye
out the United States. it follows that the power
tS S. mpSse ] direct taxes also extends throughout
Continuing. Chief Justice Fuller said:
The proposition that Chief Justice Mar
rule Of uniformity was limitation to the
States as such. was declared TO be wholly
unwarranted and quite a number of cases
Congre notably by the Thirteenth and Fiji
teenth amendments to the Constitution. had
sustained the view that the United States
lcTTltOTlSS, As well az SyateS,
Constitutional Bulwark Thrown
Down.
Chief Justice Fuller then advanced the
proposition enunciated in Marbury VS.. Mad
ison. first Cranch. that the Constitution was
written in order to define and limit and
keep within its restricted boundaries all
persons and departments Of Government.
and was meant to leave no room for the
arbitrary power. He added: ''"A' "'''
m" s M. MssS ss to The
doubt that in its operation on the people BY
whom and for whom it was established. the
ated powers the exercise Of whisS is restricted
10 the u.s. IT means appropriase and plainly
''not prohibited. but consistent with tho letter
hLu s,,.iit ot the Constitution.
ns, Of
domain within which they are exercised. When
Is an end Of the question. - A'>-' >''.' ''',''
Q, our %o'e eonst,u.iona ss snd moreover @ in
5e,sss5 the h. the States
cans,su.ion @ aas and .s oe eou rspea.edly has
ana the sliSh pi..rio. e Of ceiumsls. =. l@ .''
The power Of the United state; to acquire terri.
ssespss,on + no. disputed. nor y Z the psopo.tios
Tn.d
ndspenden i and s9,yereifn na,,9n but does not
part OF ths organic law Of the land.
Il o se sas
Government. as to our internal affairs: pos.
letter and spirit.
With reference to the paragraph in the
rights and political status Of the native In
habitants Of the territories hereby ceded
Congress" the Chief Justice said this was
nothing more than a declaration Of the ac-
cepted principles OF international law ap-
ects and % Of the native native inhabitants
Chief Justice Fuller absolutely rejected the
contention that the rule OF uniformity was
integral part Of the United States. The
word Incorporation had no occult meaning.
and Whatever its situation before. the For
ritory Of the United States.
Result Of Majority Opinion.
He could not asespt the view ,h that even even
to % keep Il. ike disem6odied shade, in an in
for an indefinite period, and more than that.
that aee5 has With s
ject to the will of CONGRESS-. Irrespective Of
constitutional provisiouA"
ha1 of eans
the people Of new territories or possessions.
is bound to respect the fundamental guar
ss aumes that IN G consress is % not bound. in T those
territories or possessions, to follow the rules
of taxation prescribed by the Constitution.
And yet the power to tax involves the power
to destroy and the levy Of duties touches
all our people in all places under the jur1s-
diction of the Government.
The logical result Is that Congress may
prohibit commerce altogether between the
States and territories, and may prescribe
cne rule OF taxation in one territory, and a
different rule in another. Continuing, he
said:
That theory assumes that the Constitution Gre
tries throughout the world. to be governed BY
different rules than thoee obtaining in the or1gi-
nal States and Territoriss M and substitutes fot
system Of domination over distant Provinces in
the exercise of the unrestricted power.
In our Judgment; 40 much Of the Porto Riean
is invalid, and plaintiffs were entitled to recover
eome argument was made ~ to general con-
enc ~ Se te NOV from this Is
and unambisuous to permit its meaning to be
thus Influenced.
ernmeni that the possession Of absolute power
10 essential to the acquisition Of vast and dis
tant Territories. and that We should regard the
situation as 1t IL to-day rather than a. Il Wa
But Il must be remembered that as Marshall
and Storey declared the Constitution was framed
for aEe. e come. and 4 that 1.-THE the :as.eiou. men
future waited on their work.
.!dsrsd ss,u%ph.l Rros.ss Of ths nation 8.
ca.e was mot In the mind Of the convention when
the , article % "a: = @ framsd % nor Sf the Americ.n