Footnotes

 

 

[ Footnote 1 ] Marbury v. Madison, 1 Cranch, 176, 2 L. Ed. 73 et seq.; Martin v. Hunter, 1 Wheat. 326, 4 L. Ed. 102; New Orleans v. United States, 10 Pet. 662, 736, 9 L. Ed. 573, 602; De Geofroy v. Riggs, 133 U.S. 258, 266 , 33 S. L. Ed. 642, 644, 10 Sup. Ct. Rep. 295; United States v. Gettysburg Electric R. Co. 160 U.S. 668, 679 , 40 S. L. Ed. 576, 580, 16 Sup. Ct. Rep. 427, and cases cited.

 

 

[ Footnote 2 ] The City of Panama, 101 U.S. 453, 460 , 25 S. L. Ed. 1061, 1064; Fong Yue Ting v. United States, 149 U.S. 716, 738 , 37 S. L. Ed. 914, 921, 13 Sup. Ct. Rep. 1016.

 

 

[ Footnote 3 ] Monongahela Nav. Co. v. United States, 148 U.S. 312, 336 , 37 S. L. Ed. 463, 471, 13 Sup. Ct. Rep. 622; Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 , 38 S. L. Ed. 1047, 1058, 4 Inters. Com. Rep. 545, 14 Sup. Ct. Rep. 1125; United States v. Joint Traffic Asso. 171 U.S. 571 , 43 L. Ed. 288, 19 Sup. Ct. Rep. 25.

 

 

[ Footnote 4 ] United States v. Kagama, 118 U.S. 375, 378 , 30 S. L. Ed. 228, 229, 6 Sup. Ct. Rep. 1109; Shively v. Bowlby, 152 U.S. 1, 48 , 38 S. L. Ed. 331, 349, 14 Sup. Ct. Rep. 548.

 

 

[ Footnote 5 ] Sere v. Pitot, 6 Cranch, 332, 336, 3 L. Ed. 240, 241; M'Culloch v. Maryland, 4 Wheat. 316, 421, 4 L. Ed. 579, 605; American Ins. Co. v. 356 Bales of Cotton, 1 Pet. 511, 542, 7 L. Ed. 242, 255; United States v. Gratiot, 14 Pet. 526, 537, 10 L. Ed. 573, 578; Scott v. Sandford, 19 How. 448, 15 L. Ed. 718; Clinton v. Englebrecht, 13 Wall. 434, 447, 20 L. Ed. 659, 662; Hamilton v. Dillin, 21 Wall. 73, 93, 22 L. Ed. 528, 532; First Nat. Bank v. Yankton County, 101 U.S. 129, 132 , 25 S. L. Ed. 1046, 1047; The City of Panama, 101 U.S. 453 , 457, sub nom. The City of Panama v. Phelps, 25 L. Ed. 1061, 1062; Murphy v. Ramsey, 114 U.S. 15, 44 , 29 S. L. Ed. 47, 57, 5 Sup. Ct. Rep. 747; United States v. Kagama, 118 U.S. 375, 380 , 30 S. L. Ed. 228, 230, 6 Sup. Ct. Rep. 1109; Church of Jesus Christ of L. D. S. v. United States, 136 U.S. 1, 42 , 34 S. L. Ed. 478, 490, 10 Sup. Ct. Rep. 792; Boyd v. Nebraska ex rel. Thayer, 143 U.S. 135, 169 , 36 S. L. Ed. 103, 112, 12 Sup. Ct. Rep. 375.

 

 

[ Footnote 6 ] Church of Jesus Christ of L. D. S. v. United States, 136 U.S. 1, 44 , 34 S. L. Ed. 478, 491, 10 Sup. Ct. Rep. 792.

 

 

[ Footnote 7 ] Loughborough v. Blake, 5 Wheat. 317, 322, 5 L. Ed. 98, 99; Woodruff v. Parham, 8 Wall. 123, 133, 19 L. Ed. 382, 385; Brown v. Houston, 114 U.S. 622, 628 , 29 S. L. Ed. 257, 259, 5 Sup. Ct. Rep. 1091; Fairbank v. United States, 181, U. S. 283, ante, 648, 21 Sup. Ct. Rep. 648.

 

 

[ Footnote 8 ] American Ins. Co. v. 356 Bales of Cotton, 1 Pet. 511, 7 L. Ed. 242; Benner v. Porter, 9 How. 235, 13 L. Ed. 119; Webster v. Reid, 11 How. 437, 460, 13 L. Ed. 761, 770; Clinton v. Englebrecht, 13 Wall. 434, 20 L. Ed. 659; Reynolds v. United States, 98 U.S. 145 , 25 L. Ed. 244; Callan v. Wilson, 127 U.S. 540 , 32 L. Ed. 223, 8 Sup. Ct. Rep. 1301; McAllister v. United States, 141 U.S. 174 , 35 L. Ed. 693, 11 Sup. Ct. Rep. 949; Springville v. Thomas, 166 U.S. 707 , 41 L. Ed. 1172, 17 Sup. Ct. Rep. 717; Bauman v. Ross, 167 U.S. 548 , 42 L. Ed. 270, 17 Sup. Ct. Rep. 966; Thompson v. Utah, 170 U.S. 343 , 42 L. Ed. 1061, 18 Sup. Ct. Rep. 620; Capital Traction Co. v. Hof, 174 U.S. 1 , 43 L. Ed. 873, 19 Sup. Ct. Rep. 580; Black v. Jackson, 177 U.S. 363 , 44 L. Ed. 807, 20 Sup. Ct. Rep. 648.

 

 

[ Footnote 9 ] Re Ross, 140 U.S. 453, 461 , 462 S., 463, sub nom. Ross v. McIntyre, 35 L. Ed. 581, 585, 11 Sup. Ct. Rep. 897.

 

 

[ Footnote 10 ] Extract from the Free Soil Party Platform of 1842 (Standwood, Hist. of Presidency, p. 240):

 

'Resolved, That our fathers ordained the Constitution of the United States in order, among other great national objects, to establish justice, promote the general welfare, and secure the blessings of liberty, but expressly denied to the Federal government which they created, all constitutional power to deprive any person of life, liberty, or property without due legal process.

 

'Resolved, That, in the judgment of this convention, Congress has no more power to make a slave than to make a king; no more power to institute or establish slavery than to institute or establish a monarchy. No such power can be found among those specifically conferred by the Constitution, or derived by any just implication from them.

 

'Resolved, That it is the duty of the Federal government to relieve itself from all responsibility for the existence or continuance of slavery wherever the government possesses constitutional authority to legislate on that subject, and is thus responsible for its existence.

 

'Resolved, That the true, and in the judgment of this convention the only safe, means of preventing the extension of slavery into territory now free, is to prohibit its existence in all such territory by an act of Congress.'

 

 

[ Footnote 11 ] Excerpt from Declarations Made in the Platform of the Republican Party in 1860 (Stanwood, Hist. of Presidency, p. 293):

 

'8. That the normal condition of all the territory of the United States is that of freedom; that as our republican fathers, when they had abolished slavery in all our national territory, ordained that no person should be deprived of life, liberty, or property without due process of law, it becomes our duty, by legislation, whenever such legislation is necessary, to maintain this provision of the Constitution against all attempts to violate it; and we deny the authority of Congress, of a territorial legislature, or of any individual, to give legal existence to slavery in any territory of the United States.'

 

 

[ Footnote 12 ] First draft of Mr. Jefferson's proposed amendment to the Constitution: 'The province of Louisiana is incorporated with the United States and made part thereof. The rights of occupancy in the soil and of self-government are confirmed to Indian inhabitants as they now exist.' It then proceeded with other provisions relative to Indian rights and possession and exchange of lands, and forbidding Congress to dispose of the lands otherwise than is therein provided without further amendment to the Constitution. This draft closes thus: 'Except as to that portion thereof which lies south of the latitude of 31, which, whenever they deem expedient, they may enact into a territorial government, either separate or as making part with one on the eastern side of the river, vesting the inhabitants thereof with all rights possessed by other territorial citizens of the United States.' Writings of Jefferson, edited by Ford, vol. 8, p. 241.

 

 

[ Footnote 13 ] Letter to William Dunbar of July 7, 1803;

 

'Before you receive this you will have heard through the channel of the public papers of the cession of Louisiana by France to the United States. The terms as stated in the National Intelligencer are accurate. That the treaty may be ratified in time, I have found it necessary to convene Congress on the 17th of October, and it is very important for the happiness of the country that they should possess all information which can be obtained respecting it, that they make the best arrangements practicable for its good government. It is most necessary because they will be obliged to ask from the people an amendment of the Constitution authorizing their receiving the province into the Union and providing for its government, and limitations of power which shall be given by that amendment will be unalterable but by the same authority.' Jefferson's Writings, vol. 8, p. 254.

 

Letter to Wilson Cary Nicholas of September 7, 1803:

 

'I am aware of the force of the observations you make on the power given by the Constitution to Congress to admit new states into the Union without restraining the subject to the territory then constituting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the Constitution expressly declares itself to be made for the United States, I cannot help believing that the intention was to permit Congress to admit into the Union new states which should be formed out of the territory for which and under whose authority alone they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, etc., into it, which would be the case under your construction. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation where it is found necessary, than to assume it by a construction which would make our powers boundless.' Writings of Jefferson, vol. 8, p. 247.

 

 

[ Footnote 14 ] Sec. 2. That on and after the passage of this act the same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Porto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries: Provided, That on all coffee in the bean or ground imported into Porto Rico there shall be levied and collected a duty of five cents per pound, any law or part of law to the contrary notwithstanding: And provided further, That all Spanish scientific, literary, and artistic works, not subversive of public order in Porto Rico, shall be admitted free of duty into Porto Rico for a period of ten years, reckoning from the eleventh day of April, eighteen hundred and ninety-nine, as provided in said treaty of peace between the United States and Spain: And provided further, That all books and pamphlets printed in the English language shall be admitted into Porto Rico free of duty when imported from the United States.

 

Sec. 3. That on and after the passage of this act all merchandise coming into the United States from Porto Rico and coming into Porto Rico from the United States shall be entered at the several ports of entry upon payment of fifteen per centum of the duties which are required to be levied, collected, and paid upon like articles of merchandise imported from foreign countries; and in addition thereto, upon articles of merchandise of Porto Rican manufacture coming into the United States and withdrawn for consumption or sale, upon payment of a tax equal to the internal revenue tax imposed in the United States upon the like articles of merchandise of domestic manufacture; such tax to be paid by internal revenue stamp or stamps to be purchased and provided by the Commissioner of Internal Revenue, and to be procured from the collector of internal revenue at or most convenient to the port of entry of said merchandise in the United States, and to be affixed under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; and on all articles of merchandise of United States manufacture coming into Porto Rico, in addition to the duty above provided, upon payment of a tax equal in rate and amount to the internal revenue tax imposed in Porto Rico upon the like articles of Porto Rican manufacture: Provided, That on and after the date when this act shall take effect all merchandise and articles, except coffee, not dutiable under the tariff laws of the United States, and all merchandise and articles entered in Porto Rico free of duty under orders heretofore made by the Secretary of War, shall be admitted into the several ports thereof, when imported from the United States, free of duty, all laws or parts of laws to the contrary notwithstanding; and whenever the legislative assembly of Porto Rico shall have enacted and put into operation a system of local taxation to meet the necessities of the government of Porto Rico, by this act established, and shall by resolution duly passed so notify the President, he shall make proclamation thereof, and thereupon all tariff duties on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico shall cease, and from and after such date all such merchandise and articles shall be entered at the several ports of entry free of duty; and in no event shall any duties be collected after the first day of March, nineteen hundred and two, on merchandise and articles going into Porto Rico from the United States or coming into the United states from Porto Rico.

 

Sec. 4. That the duties and taxes collected in Porto Rico in pursuance of this act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles of merchandise coming from Porto Rico, shall not be covered into the general fund of the Treasury, but shall be held as a separate fund, and shall be placed at the disposal of the President to be used for the government and benefit of Porto Rico until the government of Porto Rico herein provided for shall have been organized, when all moneys theretofore collected under the provisions hereof, then unexpended, shall be transferred to the local treasury of Porto Rico, and the Secretary of the Treasury shall designate the several ports and sub-ports of entry into Porto Rico, and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes authorized to be levied, collected, and paid in Porto Rico by the provisions of this act, and he shall fix the compensation and provide for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions hereof: Provided, however, That as soon as a civil government for Porto Rico shall have been organized in accordance with the provisions of this act, and notice thereof shall have been given to the President, he shall make proclamation thereof, and thereafter all collections of duties and taxes in Porto Rico under the provisions of this act shall be paid into the treasury of Porto Rico, to be expended as required by law for the government and benefit thereof, instead of being paid into the Treasury of the United States.

 

Sec. 5: That on and after the day when this act shall go into effect all goods, wares, and merchandise previously imported from Porto Rico, for which no entry has been made, and all goods, wares, and merchandise previously entered without payment of duty and under bond for warehousing, transportation, or any other purpose, for which no permit of delivery to the importer or his agent has been issued, shall be subjected to the duties imposed by this act, and to no other duty, upon the entry or the withdrawal

 

thereof: Provided, That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse said duties shall be levied and collected upon the weight of such merchandise at the time of its entry.

 

...

 

Sec. 38. That no export duties shall be levied or collected on exports from Porto Rico; but taxes and assessments on property, and license fees for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by act of the legislative assembly; and where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Porto Rico or any municipal government therein as may be provided by law to provide for expenditures authorized by law, and to protect the public credit, and to reimburse the United States for any moneys which have been or may be expended out of the emergency fund of the War Department for the relief of the industrial conditions of Porto Rico caused by the hurricane of August eighth, eighteen hundred and ninety-nine: Provided, however, That no public indebtedness of Porto Rico or of any municipality thereof shall be authorized or allowed in excess of seven per centum of the aggregate tax valuation of its property.