Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-17
THE QUESTION OF THE HOUR.

States win probably soon decide the
constitutional questions involved, DO the
contention as TO the right Of Congress
to Impose tariff duties upon Porto Rico.
With the acquisition OF territory not
only outside the organized states Of
the Union. but beyond the shore lines
OF the country questions have arisen
which. 10 not entirely new, are pre-
scented In a different shape TO anything
that has been heretofore decided by the
court which holds the right Of final In
depreciation Of the supreme law Of the
land
Does the Constitution follow the
hag?" Is the query in popular form Is
Porto Rico part Of the United States
or Is II foreign territory? are the
people there citizens or subjects Of tho
United States? Is the power OF THIS
government absolute over them or IL
It limited by the Constitution? These
are other forms Of the same Inquiry
and they are Of far-reaching and even
vital importance 20 this nation.
Ex-President Benjamin Harrison con-
tributes very strong yet temperate
article on this subject, "a the current
North American Review. While he
does not undertake to decide 1t
judlcially and thus assume the func-
lions OF the court, he enters into the
theory OF our system Of government ~
eogent manner, aud though q ReJub
llcan statesman comes very close up
TO the line Of straight d bcratic doc.
trine. in defining the 2 ATS Of consti-
tuuonal power vhi.h he shows is the
only lawful power bestowed upon either
branch Of the National government
The right Of the United states to ac~
qulre territory. either by treaty or by
conquest, he shows 10 be almost be-
yond question. and also that It Is not
an extra constitutional power But TINS
still caves open the question OF 'he
status OF the people in newly acquired
erritory. The distinguished writer ar
II cues that while a treaty Is part OF the
supreme law OF the land II Is so In the
same sense as an act OF Congress is'
and that both must conform to the
Constitution. which cannot be abro-
gated or impaired by any treaty or
statute. Also that whatever may be
said about the extension Of the Con-
stitutIon over the acquired territory 1t
extends certainly over the several
branches Of the Federal government
This is an important point TO be CON
sidered. not only In this argument nut
in all national questions that may arse
ours Is government OF delegated ana
limited powers. They are bestowed ana
limited bv the Constitution, The con
tention that the national government
possesses some inherent absolute au-
thority as a nation and not dependent
upon the written instrument, he appears
to greatly discredit lie asserts that
there are only three views Of the sub
iect that may be said to have any show
Of consistency; they are these
First. that Congress, the Executive
and judiciary are all created by the
Constitution as governing agencies ui
the nation called the United states
that their movers are defined 10y the
Constitution and run throughout The na
ton. that all the limitations OF theli
powers attach to every region ana lQ
AN civilized people under the soIer
eighty of the United states, unless iheb
nappiicabllty appears from the Con.
sututIon itself. that every guaranty of
liberty including that most essential
one uniform taxation. Is 90 be allowed
10 every free civilized man and woman
who owes allegiance 90 the United
states: that the use of the terms
"throuehout the United States does
not limit The scope OF any constitutions
al provision 20 the states that would
Otherwise be applicable 90 the Terri.
tories as well: but that these terms in.
cmde the widest sweep OF the nations
sovereignty. and So the widest limit of
congressional action.
second. that the terms. The United
states. define am inner circle uf the ma
tlonal sovereignty composed OF Oh,
states alone that whenever thos,
terms are used ln the Constitution, thrl
to the region and to the people within
his INNER circle but THAT when thrs.
terms Of Limitation are omitted the con
gtitutional provisions must unless 9th
erwlse limited. Doe taken % include 1l
lands and people u the outer circle of
the national Sovereignty.
"Third that th, Constitution ha.
relation only 10 the states aud ttall
people: that AN constitutional lImita
tons OF the nowers Of Congress and tA
executive are 20 be- taken t0 apply 0ull
10 the states and their citizens thl
the power 90 acquire territory rs ncIthc
derived from the Constitution nor HIM
Ited nv 10. but ~ an Inherent power o
national life: that the government w,
evercisa IN the Territories Dr. NOT con
situtlonal government but am absolute
coverpment and hat 8ll or any of th
,btrya prohibited bv thc Constitution
81 me states. in m interest of mo
ertv Justice and equality may De dHu
IN he Territories, that 0s 90 the Ten
ritorice we are under mo- restraints saw
sucb al our own interests or our ben
evidence may Impose
Tho learned wrItes scsms 10 le1n b
tho first Of ,he foregoing proposition.
tte declares that. "Ir there ls anyth.n
mat is characteristic in American con
sntutlons state and national q, De- th
plan Of limiting the powers OF an pun
Ne officers and agencies Pc And ful
,her that "a government Of unlimite
legislative or executive powers is "a
un.Amerlcan government He ey
IDENTIFY does not take kindly 20 the me
doctrIpe." as he terms IL, that on
co,sress and our Executive have pow