New-York tribune., 1901-01-10


tinguishes the uncivilized tribes there
INTENT OF THE PARIS TREATY.
Further Mr.. Richards said:
Certainly the treaty never intended to make
these tropical islands. with their savage half
clVllzes and civilized people. a part of the
United States in the constitutional sense, and
just as certainly did make them a part of the
United States in the international sense
Justice Harlan-what do you mean by the in
ternational sensec
The Solicitor -General-I am just going 70 ex-
plain The term United States may mean the
territory which governs or the territory over
which the Government extends. The former is
the constitutional, the latter the international.
or, ii may be, the legislative sense In the inter
national or legislative sense States and Terri
tories all places subject to the Jurisdiction of
the National power, combine to constitute what
Chief Justice Marshall, in Loughborough Us.
Blake, termed the American empire, out great
Republic" Does this term said he referring
to the United States designate the whole or
any portion of the American empire" 1t is the
name given to our great Republic" which is
composed of States and Territories The great
Chief Justice was clearly correct in holding that
the taxing power extends throughout the United
states in the international or legislative sense,
although the limitation Of the Constitution un-
DER the taxing power for Federal purposes ap-
Plies, contend, only throughout the United
states in the constitutional sense. For the vital
question is whether the limitations and prohi-
bitions which apply under the Constitution
the taxing power, operate in the new terri
tories
Justice Peckham-Do you find any case where
any such distinction has been drawn as You
make now-that is, between the United States
IN the constitutional sense and in the interna
uOnal sense?
The Solicltor-General-I think could If it is
oeslrable- OF course. l am going to show the
meaning OF these words when used in the con-
ha wit y4-lo
that phrase refers to But I think il perfectly
apparent that the United States" in the inter
hauonaI sense is all territory which is subject
TO our dominion.
Justice Peckhanl-I understood what you said.
~ ~ - asked whether you had in mind any case
JUNCTION between the international and consri-
tutonal sense
MEANING OF UNITED STATES"
The Solicitor -GeneraI-I have in mind case
IN which this court held that in an international
sense the District OF Columbia is a State, but
certainly it is not State within the meaning
OF the Constitution. That has been expressly
held in Hepburn Ellsey. AS stated in its
preamble, the Constitution Of the United States
vas Ordained and established by the people Of
the United States" for the United States of
America There is ambiguity about the
meaning of the words United States of Amer
lea as here used. They mean the States united
under the Constitution and are named individ-
uaily in the second section of Article l. relating
TO the apportionnlent of REPRESENTATIVES among
the existing States.
Justice Harlan-The existing United States?
me SoHcitor-General-No. did not say that.
said that the United States" which framed
and adopted the Constitution are named specific
ally in the Constitution. They were the thir-
teen colonies which had first become United
states IN the Declaration. and which through
their people framed the present Constitution in
order, among other things, to form "a more per
feet union" There never was any doubt in
those days as to what that term meant. This
conclusively appears from the With Article,
which provides that all debts contracted before
valid against the United States under the Con-
stitution as under the Confederation.
Justice Harlan-That would include States, OF
course, which afterward came into the Union
before these debts We're paid?
The Solicitor or-General-Undoubtedly the debts
would be valid against the United States. in
Guiding the States which We're subsequently ad-
mitted.
TWO KINDS OF TERRITORIES.
Justice White-Do you make any distinction
in your mind or is there any distinction from
the thought you have given this case, between
the States and Territories OF the United States
and the States and the territory. The Terri
tories in all these cases which you have quoted
from, refer TO Territories in which Congress has
organized a Government. Doesn't that article in
the Constitution which gives them power TO dis
pose of the territory suggest distinction be-
tween the Territories which have been organ
lied and the territory of the United States as
such?
The Solicitor-General-Do Your Honor mean
to ask me whether territories subsequently
quired came within the power thus granted to
Congress to pass the needful rules and regula-
tons for the government of the territory Of the
United States. or is it confined simply the ter
r1tOry which existed at the time Of the adoption
Of the Constitution outside of the thireen orig
inal States?
Justice White-You quoted the language of
Chief Justice Marshall in Lcughborough agt.
Blake. and then you speak Of the United States
in the Constitutional and the international
sense But that language OF Chief Justice Mar
shall. in which he spoke of the great republic
and the American empire, was used with refer
ence to the exercise of the taxing power.
The Solicitor-GeneraI-I know it was. He
was correct, as / take it, in his conclusion that
the taxing power Of the United States extended
States-it extended over all the States and Ter
ritories if Congress saw fit to exercise it But
the thing he says which is the basis Of the
claim mat the limitation that duties imposts
United States applies to the territories as well
to the States not requisite to the de-
cision of the case before him, and l am endeav-
oring TO argue was incorrect
Justice White-My question was to ascertain
whether you were challenging the contention of
Chief Justice Marshall were concurring in it
The Solicitor -General-I have to challenge it
Justice Brown-The general expression used?
INTERNATIONAL AND CONSTITUTIONAL.
The Solicitor -General-I say that looking at
II from the point OF View of the decision, the
Chief Justice was correct, because the United
States throughout which Congress may exercise
the taxing power for Federal purposes includes
all territories subject to the dominion of the
United States Now l say that is the interna-
tional sense. But I say the constitutional sense
includes only the United States and was so in
tended by the trainers of the Constitution The
primary source of sovereign power was the peo-
pie Of the thirteen original States These men
would endure for ages, and would dominate a
continent and probably territory outside The