| Show N AL position Ut of Government In Porto t n 1 I THE O OF C coNGRESS In Iii inor or R a 1 i P n c Jan In Of oC the tho gov amen In n the Iho Ollar court n a brief In n the Iho case Stat taDI lImi Caleb n fl s I broUght hy Y EU En W arid George W n the ell collector ot or 11 flIde orge against t the United ork or fIOrt rI or Of s all pC ta between the United atlon The and our suar ot Of tho the he eue conr coer over the dominion of tM the and after atter fore and after t or of of the th with reference by or of the briar I Ithe to Ih m TM The feature It tak or of lI the It et nn dent thereto In be and the Mif of the concerns concern duties ool Delima case calM The Imported Into New NewYork CV le led on after aCter ratificatiOn York from lorto and before treatY treat of the peace Rican Ulean act the Porto Porte ot of the Downes case cace dutIes dut s on from porto Rico JUro Into New York brought Porto of the th tb after r the tho Arm A n I rue and e nt a s d dutIes es on On goods ois Imported opera HIo during before and JI partly after un pertly partir or of the treaty treat nil atut I nicO I 0 th ratification tit Ot or the Porto Rican lath latha ar ara after afler case duties on and the a t I Into Honolulu from tm ot of the reeo NII lun the Hawaiian Islan lelands s th Ih of the act providIng fr fir Harrl The to Ar Arbor ss S Is bY bYa w IW sn fl s 0 Ann lr bt II a or of t the e pas to the extent to tt Ti 1 th h the applies to new h denies th d hine f nfl and that thaI all Ru I 1 or of the Constitution nIr f etl throughout the or of U It U t the government but II s re limitation In the both the theSal I blib aNh through Sal States and and andUn Un II I 8 nose Ue mo limitations apply It its d s t filina lInw thai thit III alt apply e ehi hi h I to appi both within States In Its nn an 1 a the t net enl It tie are those securIng Ing The hI or of liberty I al ai people Tranny and t Nn exist the PI of f a hOFe tr er t Ird that all m u are to If and the pursuit ut t happl happi n ne 5 Thie Is i what ment I hn h said In iii Church hureh ye S l States tUG 16 t ti P I uhl MS es In for tor forthe the f Lt would be subject to th limitations In favor flor cf C nal tights rights are formulated In Ih the and it II hut but these would exist rather by In Int r n and the ot of th III I n from which Congress oj 1111 Id Its than by nn any ex and direct application ot of its pro 1 M fl This The or of the standing ground leads It Up UI to the no not noI t I I h It If takes takee or of ne or thIs address sI brIef lI lIIn tn In It a r nt n portion or of whit I 1 un tin lr I 1 hall hae beer 11 brought t cl RI or of the court it a die Ih and lawyer at af att r t I Ii b i If the view Iel of oC the go gov nt nl oj i t I ith J a Pou fd i In an 11 att or 1 a num her boor I f Ib The govern Joern has and does not b Ihal I has the power or of I a dT Rico The linda CundA In favor of personal l 1 h h ute arc In the n a and ite 1111 to re fm d II I lv Iov In t the a av ff 1 suggested which sharks lb Ih lence Congress CongrE I could nol Cot Pit an n X r facto or declare an aH Ir r grant any Rny title of oC no nor r pr Ide for Cor the Ihl trial or nr f other In the hI ha n ark out iut by till the Constitution tIll nil th things Prohibited by dire t ani It If th the tbt len en amendments du do not limit b by dil t I In leg r our nur new po d they operate within the 1 nh hI h the Union Unions Aj s ti speaking by Chief said In United States vs It et nl at 9 92 U S The rs amendment to the til r from Cram abridging thi th right or of the people to assemble and t the government tot Cor II a to re q of If Ilk other amendments pro In l adopted lit at the same samo time IHS lC not act 1 to limit the tho powers at 01 the but to operate upon the alone It H ITI tin ot of life lICe and prop etty erty primarily with the tho us H rhe Puller In Ito He Rn ruler 1 P S us US makes nu no tor at the citizens citizen II or of respective Sta In their liberties for this I to the State constItutIons and law sw 11 Mr I r Justice 1 tron In s Pirt Municipality 13 f The lon for b tile to pass nn any bill lit at tal ler x post poet otto la law or law tin the obligation of contracts or to tn mOl an any title or of nobilIty and the fourt nth amendment provides that 11 life h shall any person ot of or o property without duo of law nor Mn deny to an any person Jer on It Jurisdiction the equal pro iro of oC the laws but outside le the range of these limitation the people t the Stale tate through Ite constitution end laws are supreme Th They can define treason the they se t m fit they can limit th I frej t of and ard of oC the prese Ih Ian an restrict the h bearing ot or nr mit the they can an for the la ring of troops thy tile cnn can regu right or of sarch nail of oc art th thy RI provide for Cor the or of capi api tel tal r other ther Infamous crimes upon In I f and Without Indictment mint S a 11 jur jury and Ih they hoe hare done dono so nil ea An tie III awny auy with the trial of oC b a jury And the they mD may liD do Other things thing which I 1 need not to ta Th rhe of the II ot of time the p their las and ant system of On All 5 to make them to of or the exigencies of oC their social life lICe has been bean f It the constitutional guarantees to Indictment b by a jury and trial b by n a Petit Jury are arc not federal In character and therefore do donot not miot tie the or of the ot of n a Territory when organizing as a aStute aLlate Stute wh should they tie time the hands hand of the President and Congress Congre In pre preserving serving order and In protecting life lICe anti and In our new ne It Is ft I strange contention that a iii soon IS as the treaty treat went vont into lifted effect the power ot of the mind Congress to preserve order In the new alone ceased were no graml JU ties rles no petit juries no machinery for tor punishing crime b by the forces or of the 11 law and yet vet if IC the tite for tor the at onoe of at their own prell pree In these new crime coUld ho J In no other wn vay The lion which gave ae the United States the power to acquire property b by trent treaty and on Congress the dut duty or of governing I it t lid did not leave leMe the nn national government helpless b by demanding un Time The brief then goes oes Into the lie question of oC the validity of oC the duties assessed I nod and collected on time the lions involved lii In the cases nt at bur bar tol oh lowIng the lines hInCe ot of time the mont ment heretofore made by Attorney It however w vc contains some Fome new suit sug suggestions the most Interesting being this It If Chief ehler Justice Taney was wrong wron referring to the tho case casc ot of Ing vs Jago holding that time till United States mn may demand the cession ot of tr ter ns as the condItion of oC In Iii or order tier der to indemnify Its citizens for Cor the In Injuries juries urles the they have suffered or to bUTte burse time the for Cor the expenses of oC war and we e cAnnot take territory sub modo to Indemnity or us but only to 10 make It a 1181 pelt t of oC the tue States then bora the lemit carries canles a war ar Into the country he should sent send n a committee sliced or of the army to ascertain and leport whether time the territorY he pro 1110 proposes poses to Invade ant anti Conquer is III fit fil to bo be made n a part ot of the United States tar tor neither time the power nomi coil cnn Prevent that result It if a cession follows conquest Before the sent to Manila ho should have satisfied himself elt that the Philippines were suitable for Cor Incorporation ration Into the Union for tor we de the Iho Spanish power there only at atthe atthe the risk ot of have tl to assume the but bur burdens dens of oC sovereignty ourselves |
