Show i CONSTITUTIONAL GOVERNMENT j t There seme to be 00 little lille doubt that 1 th supreme court ourt Jurt will delate delare d lare the J 1 Porto Rican tariff bill unconstitutional 1 wha h n he lie h matter ft i am a arned d before or it 1 fur fill 1 r The Th gen general geni i rat eral impression n is that the t bill was wac I passA l to the administration of the re of ot its Us colonial policy I t until after th the fall fAn election 1 Un This rais ral raising ing of the flat ft over cheap heap labor in the Orient was getting pa patriots patriots into disrepute So an appearance of If excluding f from rom our shores the in inhabitants inI Inhabitants I habitants of our eur territory of treating as aliens aJi ns those th e whom we govern as 1 subjects of oC taxing those to whom we refuse representation at Washington I cven as George III ITI treated the Amen Ameri Amerlan ran an colonists had to be set up as a ai i screen to shield hi d the imperialists in power from thu fury of the labor ele int in the coming campaign 4 G 0 Put Hut the supreme court of or the United States Stat it ates usually decides dedde questions que with without out lut Ut reference to the political effect of opinion rendered and alms aims to stick sUek closely to the constitution e to follow the th changeless principles of right and andt t tu cause as little confusion among ir as poble The case of Or Loughborough vs 5 Blake reported in hi 5 i Wheaton heaton page arose in 20 from resistance to an act of con congress congress gress levying l a direct tax on the L Dis ls trat of Columbia in proportion to the thep p The rhe decision was rendered by Chief Justice Marshall It com coin comprises priS S the tile essential reasoning r en n which the decision that th tax wn legal leg l is founded d It defines the limits of the constitution and the Ute government It lays las down the proposition pro in that no con eon conception conc c n of the Uthe American AmerLean empire can carry arry its jre beyond Its foundation tion which is the tIle constitution and that thai the mandates of the constitution as applied to tariffs and t dutee dutes dut es are binding Jp 1 every foot fott of f the tern terr t tory ry In r n the government of f C the States State Chief Chie Justice J Marshall said sai The eighth section of the first article gives to congress the power to lay and collect taxes duties impost impasto and excises for f r the thereinafter r mentioned This grant 5 s general without limitation as to platte It consequently extends to all nil places PisCes JI aces over which the government ex extends extends extends tends It this could be b doubted the doubt c is r by the subsequent words I which modify the grant These words J are but b t all an duties imposts and excises shall be uniform throughout the United i Stages Sta es It will not be bo contended that the J I jn of the power extends to topi pi places ices to lO which the Itself its lf does d es not nota a extend The power then to lay and col collect collect 0 lect duties Imposts and excises may be bet ber r i J a t 1 n it exercised and must be exercised t United ed States Does this term designate the whole or any lar mr portion of the American merican empire this question can admit of ft but nm one answer It is ht the name given to our great republic which is composed of ot states and territories The District of Columbia or the tho territory west of the Missouri is not less leas within the United States than tItan Mary land Jand or Pennsylvania and it Itis is not less necessary ua on a t tho Principles of our con m that u uniformity in the ton On of Imposts duties and excises should be observed in the one than in the other In the case of or Cross et eJ al vs va Har Ear Harrison Harrison rison 16 Howard page a similar decision and ono one bearing upon the Porto Forto Rican affair was vas rendered Tendered The circumstances of ot the th case which oust be known to te appreciate a the tha ih decision werE werd as follows In 1847 1347 California was W 5 occupied by bythe bythe bythe the troops of this re A military government was wes established and im ha import U port p rt duties dutes were collected colete On Feb 3 1848 the he treaty teaty of ot peace between Mex Mexico Me ico leo and an the United States State was W signed and California passed to the United States Stafe by b cession eslen There was no col collection c l r lection lecton district established by b act of congress until March Mar h 3 1840 when San Sn Francisco Frncisco was waG made ma e a port and the collector appointed under un er this law lav did not actually enter ente on 01 the duties ule of his office until Nov 13 From August Augst 1848 the duties collected were those thoe provided by the general generl revenue laws of the United States State and aIl ani this action acton was wis against Harrison Harson the collector coletor to recover them the cu 4 the ground grund that there was no leg for forso so doing The authority in in fact a t was wa the direction direction tion of the executive department which ordered the tho collection of duties dutes and the specific instruction by the secretary of ot state was as This government de facto will wi of course courso exercise no power inconsistent with wih the provisions provision of the constitution of the United States which is the supreme law Jaw of the land For this reason no im import import port rort duties dutes can be levied In California on articles article the growth produce or manufacture manufacture manufacture ture of ot the United States as no such duties dutes can be Imposed in II any a other part of our Union on the productions of Call Cali Cal forum fornia Nor can new duties dut s be charged in California upon ruch foreign productions as a have already paid duties duto in any au of our ports of o entry for the obvious reason rt aon that California is within the territory of the United States Upon appeal to the courts cours this exer exercise eer else cise of the taxing power waa wa wa upheld and the opinion of the highest court courtin in the land was waB as follows The plaintiffs had hail no right of trade with wih California Caloria with wih foreign goods ex excepting excepting from the permission given by the United States State under the civil government and war tariff which had been established there And when the country county was ceded as a a conquest conquest by b a treaty of peace no 10 larger lager liberty lbert to trade resulted By B the ratification of the treaty California be became became came a part Of bf the United Unie States Stats And Aud Andas Auda as a there is nothing differently stipulated in the treaty treat with mth respect to commerce it became instantly bound oun and privileged by bythe bythe bythe the laws which congress had passed pas ed to raise a 8 revenue from duties dutes on imports and tonnage California was in the the same condition as Porto Rico exactly exact and the supreme curt held that tat the ratification of the treaty effected the extension of the constitution over oer the territory included therein These decisions decisionS make mke it clear that the supreme court has never held hel any other opinion than that the constitution const constitution extends over all aU parts of the territory of the United States or that congress congre is governed by the constitution c constitution tion ton in legislating for or every part of the United States State which is the same m thing thingS 0 S These Thes are not the only cases where such views have been upheld When Whenever Whenever ever eer a case Involving the tle point has been up the been emphatic in its reaffirmation of this principle The Te constitution expressly sl p declares that the constitution and laws of the United States State which are made in pursuance thereof shall be the supreme law of the land The Te land of which the gov government government has jurisdiction and over which the flag fag is permitted to remain after peace pace is declared Is the land to which reference reference is made In the case ease of Murphy vs Ramsey Ramse 11 U S Rep 44 it i was said The people of the United States State as a soy SOP sovereign owners of the national territories have hae supreme power over them and their inhabitants In the exercise o of this sov soy sovereign dominion they the are represented represented by bythe bytho tile the government of the United States to whom all al the powers of government over that subject have been bee delegated subject only to such restrictions as a are expressed in the constitution or are necessarily sarly im implied implied implied plied in its is terms 00 B S SIt It I is a new doctrine that th t congress possesses powers not granted by the constitution or that the president may my govern millions of peoples people outside of the constitution I This has ha always bee been called caled a constitutional consI I republic There Thore is danger in inI ignoring I oring or abrogating fundamental law of the republic It I Is the bulwark I of the peoples liberties Men of all al parties parte have said so time and again Let the bulwark be broken down don and 1 how bow long will wi their liberties be able to withstand the persistent assaults of or organized organized greed geed and imperial wealth The danger daiger dIer to the republic is greater geater today than it I was in 1812 when Eng England England i land sent her fleets feets and d armies armie across the sea to destroy it i The citizen who believes in constitutional government is in duty bound to resent this depar departure tune ture from correct principles and to re rebuke rebuke rebuke buke the aggregation of plutocrats and place hunters who are so s busily busly copy copyIng copyIng copyIng Ing the imperial ways was 4 of Europe |