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"Indeed, the practical interpretation put
by Congress upon the Constitution has been long
to the United States in a domestic sense, because
confirmed and uniform to the effect that the
the island had not been incorporated into the United
Constitution is applicable to territories acquired
States but was merely appurtenant thereto as a
by purchase or conquest only when and so far as
possession. 11.1
Congress shall so direct.
We
are
also
of
the
opinion that the power to acquire territory by
Subsequent decisions of 1904 and 1909 reaffirmed the
judgment pronounced in 1901.
2
treaty implies not only the power to govern such
territory, but to prescribe upon what terms the
United States will receive the inhabitants, and
Felix Frankfurter, Law Officer of the Bureau of
what their status shall be in what Chief Justice
Insular Affairs of the War Department, wrote as follows
Marshall termed the American Empire!
We are
in a memorandum of March 11, 1914 entitled "The political
therefore of the opinion that the island of Porto
status of Porto Rico":
3
Rico is a territory appurtenant and belonging to
the United States, but not a part of the United
"Porto Rico has received a territorial form of
States within the revenue clauses of the Consti-
government, but for political reasons is excluded
tution.
from incorporation in the United States.
The
crux of the matter is that the nature and extent of
Justice White, with whom Justices Shiras and McKenna
the relationship, as we have seen, is solely a prob-
concurred, uniting in the judgment of affirmance, stated:
lem of legislative expediency, a political question
intrusted by the Constitution to unlimited Congres-
"There can also be no controversy as to the
sional control. What the nature of the relation
right of Congress to locally govern the island of
shall be, what its incidents, the privileges that
Porto Rico as its wisdom may decide and in so doing
should be conferred upon the inhabitants, and the
to accord only such degree of representative govern-
privileges that for the time being should be denied,
ment as may be determined by that body.
The
are all matters solely for Congressional competence.
result of what has been said is that whilst in an
international sense Porto Rico was not a foreign
country, since it was subject to the sovereignty of
and was owned by the United States, it was foreign
Referring in Congress on Apr. 12, 1938 to the
above definition of Puerto Rico's status, Resident
Commissioner Félix Cordova Davila said: "It is hard
for us to understand how Porto Rico can be foreign to
1
the United States in a domestic sense and not foreign
Ibid. pp. 298-99, 341-42. Chief Justice Fuller,
in an international sense" Congressional Record,
in a dissenting opinion in which Justices Harlan, Brewer,
and Peckham concurred, wrote: "Great stress is thrown
vol. 69, part 6, Apr. 12, 1928, p. 6331. See also
upon the word 'incorporation! as if possessed of some
statement by J. A. perea, President of the Puerto Rico
Independence Party, on Apr. 23, 1945; Hearings
on
occult meaning" ibid. p. 373. Justice Harlan, in a
separate dissenting opinion, said: "I am constrained
to
S. 227, pp. 117-30.
2
say that the idea of !incorporation has some occult
Dorr V. United States, 195 U.S. 143; Kopel V.
meaning which my mind does not apprehend. It is envel-
Bingham, 211 U.S. 476.
oped in some mystery which I am unable to unravel"
3
Hearings
on S. 4604, pp. 22-23.
ibid., p. 391.
DECLASSIFIED
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E.O.
10501
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"ocrText": "RESTRICTED\nRESTRICTED\n-56-\n-57-\n\"Indeed, the practical interpretation put\nby Congress upon the Constitution has been long\nto the United States in a domestic sense, because\nconfirmed and uniform to the effect that the\nthe island had not been incorporated into the United\nConstitution is applicable to territories acquired\nStates but was merely appurtenant thereto as a\nby purchase or conquest only when and so far as\npossession. 11.1\nCongress shall so direct.\nWe\nare\nalso\nof\nthe\nopinion that the power to acquire territory by\nSubsequent decisions of 1904 and 1909 reaffirmed the\njudgment pronounced in 1901.\n2\ntreaty implies not only the power to govern such\nterritory, but to prescribe upon what terms the\nUnited States will receive the inhabitants, and\nFelix Frankfurter, Law Officer of the Bureau of\nwhat their status shall be in what Chief Justice\nInsular Affairs of the War Department, wrote as follows\nMarshall termed the American Empire!\nWe are\nin a memorandum of March 11, 1914 entitled \"The political\ntherefore of the opinion that the island of Porto\nstatus of Porto Rico\":\n3\nRico is a territory appurtenant and belonging to\nthe United States, but not a part of the United\n\"Porto Rico has received a territorial form of\nStates within the revenue clauses of the Consti-\ngovernment, but for political reasons is excluded\ntution.\nfrom incorporation in the United States.\nThe\ncrux of the matter is that the nature and extent of\nJustice White, with whom Justices Shiras and McKenna\nthe relationship, as we have seen, is solely a prob-\nconcurred, uniting in the judgment of affirmance, stated:\nlem of legislative expediency, a political question\nintrusted by the Constitution to unlimited Congres-\n\"There can also be no controversy as to the\nsional control. What the nature of the relation\nright of Congress to locally govern the island of\nshall be, what its incidents, the privileges that\nPorto Rico as its wisdom may decide and in so doing\nshould be conferred upon the inhabitants, and the\nto accord only such degree of representative govern-\nprivileges that for the time being should be denied,\nment as may be determined by that body.\nThe\nare all matters solely for Congressional competence.\nresult of what has been said is that whilst in an\ninternational sense Porto Rico was not a foreign\ncountry, since it was subject to the sovereignty of\nand was owned by the United States, it was foreign\nReferring in Congress on Apr. 12, 1938 to the\nabove definition of Puerto Rico's status, Resident\nCommissioner Félix Cordova Davila said: \"It is hard\nfor us to understand how Porto Rico can be foreign to\n1\nthe United States in a domestic sense and not foreign\nIbid. pp. 298-99, 341-42. Chief Justice Fuller,\nin an international sense\" Congressional Record,\nin a dissenting opinion in which Justices Harlan, Brewer,\nand Peckham concurred, wrote: \"Great stress is thrown\nvol. 69, part 6, Apr. 12, 1928, p. 6331. See also\nupon the word 'incorporation! as if possessed of some\nstatement by J. A. perea, President of the Puerto Rico\nIndependence Party, on Apr. 23, 1945; Hearings\non\noccult meaning\" ibid. p. 373. Justice Harlan, in a\nseparate dissenting opinion, said: \"I am constrained\nto\nS. 227, pp. 117-30.\n2\nsay that the idea of !incorporation has some occult\nDorr V. United States, 195 U.S. 143; Kopel V.\nmeaning which my mind does not apprehend. It is envel-\nBingham, 211 U.S. 476.\noped in some mystery which I am unable to unravel\"\n3\nHearings\non S. 4604, pp. 22-23.\nibid., p. 391.\nDECLASSIFIED\nAuthority\nE.O.\n10501\nRESTRICTED"
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