downes v bidwell quimbeePosted on October 8th, 2020
Accordingly, Downes claimed, the tax violated Article I, Section 8, of the Constitution, which required that congressional taxes be uniform throughout the country. The civil government of the United States cannot extend immediately, and of its own force, over territory acquired by war. It is necessary to go further and to say that, had this particular case been suggested, the language would have been so varied as to exclude it, or it would have been made a special exception.". In United States v. Percheman, 7 Pet. Every platform adopted by those parties down to and including 1860, while propounding the general doctrine, also in effect declared, the rule just stated. .
And on this subject we have the most explicit proof that the understanding of our public functionaries is that the government and laws of the United States do not extend to such territory by the mere act of cession. Other cases, arising from territories where such legislation has been had, contain language which would justify the inference that such legislation was unnecessary, and that the Constitution took effect immediately upon the cession of the territory to the United States. Fifth. 541; Philadelphia v. The Collector, 5 Wall. ", "Mr. Webster: I never said it was not obligatory upon them. Many citizens of territories that have been designated unincorporated have seen the principle of territorial incorporation as a form of oppression. The case of American Ins.
In the case of the territories, as in every other instance, when a provision of the Constitution is invoked, the question which arises is not whether the Constitution is operative, for that is self-evident, but whether the provision relied on is applicable. "This original and supreme will organizes the government, and assigns to different departments their respective powers. 5, p. 443. 8 Stat.
§ 16. those states and the Constitution "could not be dissolved without at least the consent of the federal and state governments to a formal separation," and that this was not given by the cession and its acceptance in accordance with the constitutional provision itself, and hence that Congress was restricted in the exercise of its powers in the District, while not so in the territories. ", As a result of the separation from Great Britain by the colonies, acting as a unit, the powers of external sovereignty passed from the Crown not to the colonies severally, but to the colonies in their collective and corporate capacity as the United States of America. Two irreconcilable views of that act cannot be taken at the same time, the consequence being to cause it to be unconstitutional. And the application of the provision of the Constitution relating to juries has been also considered in a different aspect, the case being noted in the margin. Its powers are granted by them, and are to be exercised directly on them and for their benefit. . To this letter President Jefferson replied in January, 1803, clearly showing that he thought there was no question whatever of the right of the United States to acquire, but that he did not believe incorporation could be stipulated for and carried into effect without the consent of the people of the United States. Certainly no such court could be created within a state except under the restrictions of the judicial clause. 560. 419, 426, c. 62, sec. In Murphy v. Ramsey, 114 U. S. 15, Mr. Justice Matthews said: "The personal and civil rights of the inhabitants of the territories are secured to them, as to other citizens, by the principles of constitutional liberty which restrain all the agencies of government, state and national. That doctrine was concurred in by the dissenting judges, as the following excerpts demonstrate. By Rev.Stat.
In July, 1803, he proposed two drafts of a proposed amendment, which he thought ought to be submitted to the people of the United States to enable them to ratify the terms of the treaty. 14 F. Supp. At this time, all of the states had ceded their unappropriated lands except North Carolina and Georgia. the principle would still find support in the decision in Woodruff v. Parham, and that decision in this regard was affirmed by this Court in Brown v. Houston, and Fairbank v. United States, supra.
However, may it not be hoped that these questions are forever laid to rest by the Twelfth Amendment, once made a part of the Constitution, declaring expressly that 'the powers not delegated to the, United States by the Constitution are reserved to the states respectively?'
It was argued that the Constitution vested the admiralty jurisdiction exclusively in the general government; that the Legislature of Florida had exercised an illegal power in organizing this Court, and that its decrees were void. As to discriminations by particular countries, it has been made lawful for the President, by proclamation, which he "may in his discretion, apply . The question in Loughborough v. Blake was whether Congress had the right to impose a direct tax on the District of Columbia apart from the grant of exclusive legislation, which carried the power to levy local taxes. The President's proclamation (48 Stat. 587, 589. But this can be done only by the treatymaking power or the legislative authority. There are other matters to which I desire to refer. The theory as to the treatymaking power upon which the argument which has just been commented upon rests, it is now proposed to be shown, is refuted by the history of the government from the beginning. 417 F.3d 145 - IGARTUA-DE LA ROSA v. U.S.. 531 F.3d 1 - BOSTON DUCK TOURS, LP v. SUPER DUCK TOURS, LLC. Stanwood, Hist.
The Court was of opinion that, if these terms "states of the Union" were held to exclude the District of Columbia and the territories, our government would be placed in the inconsistent position of stipulating that French citizens should enjoy the right of holding, disposing of, and inheriting property in like manner as citizens of the United States in states whose laws permitted it, and engaging that the President should recommend the passage of laws conferring that right in states whose laws did not permit aliens to hold real estate while at the same time refusing to citizens of France holding property in the District of Columbia and in some of the territories, where the power of the United States is in that respect unlimited, a like release from the disabilities of alienage, "thus discriminating against them in favor of citizens of France holding property in states having similar legislation. v. MURPHY. If done after the District was created, it would have been equally void; in other words, Congress could not do indirectly, by carving out the District, what it could not do directly. All laws enacted by the Porto Rican Legislative Assembly were required to be reported to the Congress of the United States, which reserved the power and authority to amend the same. In the meantime, Florida continues to be a territory of the United States, governed by virtue of that clause in the Constitution which empowers Congress 'to make all needful rules and regulations respecting the territory or other property belonging to the United States.' Plaintiff demurred to this plea, and the demurrer was sustained, whereupon, by stipulation of counsel and with leave of the court, defendant pleaded in bar the general issue, and specially that the plaintiff was a slave and the lawful property of defendant, and, as such, he had a right to restrain him. But as the case concerns no duty on goods going from the United States to Porto Rico, this proposition must depend also on the hypothesis that the provisions of the Constitution referred to apply to Porto Rico because that island has been incorporated into the United States. ", And these considerations concerning discovery are equally applicable to ownership resulting from conquest. 12. This case was followed in Benner v. Porter, 9 How. 1, sec. of Presidency, p. 293): "8. Indeed, the whole argument in favor of the view that immediate incorporation followed upon the ratification of the treaty in its last analysis necessarily comes to this: since it has been decided that incorporation flows from a treaty which provides for that result when its provisions have been expressly or impliedly approved by Congress, it must follow that the same effect flows from a treaty which expressly stipulates to the contrary, even although the condition to that end has been approved by Congress. Unincorporated territories are not due the full benefits of the US Constitution, as noted from Justice White's decision above. In compliance with the Tariff Act, the Farmers’ Loan and Trust Company, a New York financial institution with vast holdings, announced to its shareholders that it intended to pay the tax and also to provide the U.S. collector of internal revenue a list of all persons for whom the company was acting in a fiduciary capacity who were liable for tax under the act.
Loughborough v. Blake, 5 Wheat.
The underlying principle is indicated by Chief Justice Taney in The Passenger Cases, 7 How. ", Shively v. Bowlby, 152 U. S. 50. And be it further enacted that from and after the establishment of the said government, the people of the aforesaid territory shall be entitled to and enjoy, all and singular, the rights, privileges, and advantages granted to the people of the territory of the United States northwest of the River Ohio in and by the aforesaid ordinance of the thirteenth day of July, in the year one thousand seven hundred and eighty-seven, in as full and ample a manner as the same are possessed and enjoyed by the people of the said last-mentioned territory. Ford's Writings of Jefferson, vol. 10, of the Constitution, "no state shall enter into any treaty, alliance, or confederation, . Many of the later cases were brought from territories over which Congress had professed to "extend the Constitution," or from the District after similar provision, but the decisions did not rest upon the view that the restrictions on Congress were self-imposed, and might be withdrawn at the pleasure of that body. No comment can obscure or do away with the patent fact -- namely, that it was unequivocally decided that if different provisions had been found in the treaty, a contrary result would have followed. As it has the character of nationality, it has the powers of nationality, especially those which concern its relations and intercourse with other countries. We are of opinion that it did not. It is sufficient to say that this case has ever since been accepted as authority for the proposition that the judicial clause of the Constitution has no application to courts created in the territories, and that, with respect to them, Congress has a power wholly unrestricted by it.
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