Insular Cases, why so-called and questions involved...... Insular Cases, Records published by Congressional resolution..... 465 SYNOPSIS OF CASES AND DECISIONS. I. Goetze vs. United States. For duties paid in United States on merchandise from Porto Rico after ratification of treaty and II. Fourteen Diamond Rings, Pepke, Claimant, vs. United States. Information for unpaid duties on merchandise from the Phil- ippine Islands after the ratification of treaty; Records, Briefs Decided December 2, 1901, opinions in full in supplement; III. De Lima vs. Bidwell. For duties unpaid in United States on merchandise from Porto Rico after ratification of treaty and IV. Downes vs. Bidwell. For duties paid in United States on mer- V. Dooley vs. United States, No. 1. For duties paid in Porto Rico on merchandise brought from the United States, after occupa- tion of the Island and prior to the Foraker Act, Records, Briefs VI. Dooley vs. United States, No. 2. For duties paid in Porto Rico on merchandise brought from United States under the Foraker Act, Records, Briefs and Arguments....... Page ... 501 Decided, December 2, 1901; Opinions in full in supplement; VII. Armstrong vs. United States. For duties paid in Porto Rico 502 502 VIII. Huus vs. N. Y. and Porto Rico Steamship Company. For pilotage dues in harbor of New York on vessels from Porto Rico after ratification of treaty, Records, Briefs and Arguments 503 Opinion, BROWN, J........ 504 IX. Crossman vs. United States. For duties paid in New York on 506 506 PEACE PROTOCOL OF AUGUST 12, 1898..... 507 TREATY OF PEACE BETWEEN UNITED STATES AND SPAIN OF DE- 508 JOINT RESOLUTION OF JULY 7, 1898, FOR ANNEXATION OF HA- 513 TARIFF PROVISIONS OF THE FORAKER ACT...... 515 EXECUTIVE ORDERS OF THE PRESIDENT AS TO TARIFF IN PORTO 517 CONSTITUTION OF UNITED STATES.. 519 AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES...... 529 ANALYSIS AND CLASSIFICATION OF CASES CITED IN BRIEFS, ARGUMENTS AND OPINIONS. I. Nationality and Sovereignty of the United States, and sovereign powers of the Central Government..... 535 II. Power of the United States to acquire territory... 537 III. The Constitution of the United States and its operation in and extension over territory of the United States.. 538 IV. Status of the District of Columbia..... 540 V. Construction of the Constitution of the United States.... 540 542 VII. Separate Departments of the Government of the United States, Executive, Legislative and Judicial, and the functions of each. 543 VIII. Powers of the Judicial Department of the United States Government, including those of Territorial Courts... Page IX. Construction of Uniformity and Commerce Clauses of the Constitution of the United States; Federal and State Powers of Taxation and Control of Commerce.. 545 546 X. Construction of Tariff and other Laws of the United States.... 547 XI. Judicial Definitions of terms used in the Constitution of the United States, and in Tariff and other Laws.... 548 XII. Application of the first ten Amendments (Bill of Rights) of the Constitution of the United States; their effect on the States, and on Federal Laws...... XIII. Fundamental limitations of Government, and their effect upon the Congressional Government of territory of the United States.... 549 549 XIV. Suability of the United States, and States, by citizens and by aliens...... 550 XV. Military Powers and Government; Military Occupancy. Prize and Conquest. 550 XVI. National Unity and the Control of the Foreign Relations of 552 on private rights of the inhabitants and on the Continuance of Local Laws of the Ceded Territory.. 553 XIX. Personal and individual rights and liberties guaranteed by the Constitution of the United States 555 XX. Citizenship, Birth and Allegiance, as affected by Treaties, Statutes and the Constitution.... 556 XXI. Construction of Treaties and General Rules applicable thereto. Executive and Judicial Construction, Congressional Power there over...... 558 XXII. Relative Effects of Treaties and United States Statutes..... 560 XXIII. Relative Effects of Treaties made by the United States and State Laws.... 561 XXIV. When Treaties take effect as to the Contracting Governments and as to the rights of individuals affected thereby..... 561 XXV. Status of Indian Tribes and the Construction of Indian Treaties; the relative effect of Indian Treaties and State and Federal Laws.... 562 SUPPLEMENT. OPINIONS OF December 2, 1901. Fourteen Diamond Rings, Pepke, Claimant, Opinion of Court, FUL LER, Ch. J............ 563 Page Concurring Opinion, BROWN, J.. 567 Dissenting Opinions... 569 Dooley vs. United States, No. 2, Opinion of Court, BROWN, J...... 569 Concurring Opinion, WHITE, J.. 573 Dissenting Opinion, FULLER, Ch. J.. 579 THE INSULAR CASES. QUESTIONS INVOLVED. The Insular Cases, so-called because they involved the status of the possessions ceded to the United States by Spain, by the Treaty of 1898 (for this treaty in full see p. 508, post, of this APPENDIX), were nine in number and were argued before the Supreme Court of the United States during the October term of 1900. They are briefly discussed in chapter II, §§ 61-61h, pages 118, et seq., ante. They are also referred to, and cited at other points in both volumes as the decisions have a direct bearing upon, and application to, many of the subdivisions of this book, both in regard to the nationality and sovereignty of the United States and the extent and effect of the treaty-making power. THE INSULAR CASES RECORDS. As stated in note 1 to § 61a, page 118, ante, after the arguments of these cases before the Supreme Court and pursuant to a joint Resolution of Congress (passed by the House of Representatives February 9, 1901, and concurred in by the Senate February 15, 1901), 12,000 copies of the "records, briefs and arguments of counsel," were printed for the use of Congress and the several departments of the Government with the following official title: "The Insular Cases, Comprising the Records, Briefs, and Arguments of Counsel in the Insular Cases of the October Term, 1900, in the Supreme Court of the United States, including the appendices thereto. Compiled and Published Pursuant to H. R. Con. Res. No. 72, FiftySixth Congress, Second Session. By Albert H. Howe, Clerk of Printing Records, 1901. Washington, Government Printing Office, 1901." This combined record consists of 1,075 pages besides an analytical table of contents of 39 pages. The following summaries have been compiled from this volume, to which reference is constantly made. The nine cases which were argued, the points involved in each, and the time when, and counsel by whom, they were respectively argued, and the citations of the decisions in the official reports of the Supreme Court of the United States, are as follows: I. JOHN H. GOetze doing BUSINESS UNDER THE FIRM NAME AND STYLE OF JOHN H. GOETZ & Co., APPELLANT, vs. THE UNITED STATES. Appeal from the Circuit Court of the United States for the Southern District of New York. No. 340. October Term, 1900. Record filed July 9, 1900. |