SAMUEL DOWNES, Doing Business under the
Firm Name of S. B. Downes & Company, Piff. in

 Err.,

 v.

 GEORGE R. BIDWELL.

Duties-importation from Porto Rico-territory
 appurtenant to United States-meaning of
 "United States" in revenue laws-ceded
 territory not incorporated into United States-
 conditions in treaty of cession-power of
 United States to acquire and hold territory
 without incorporating it-places subject to the
 jurisdiction of the United States-intent of
 Congress as to incorporating new territory
 -application of United States Constitution to
 new territory-presumption that Congress will
 obey Constitution-extension of civil
 government of United States to conquered
 territory.

1. Jurisdiction of an action to recover back duties
 exacted under the Foraker Act of April 12,
 1900, and paid under protest, upon goods
 brought from Porto Rico, is given to a circuit
 court of the United States by U.S. Rev. Stat. 
 629, subd. 4, vesting it with jurisdiction "of all
 suits at law or equity arising under any act
 providing for a revenue from imports or
 tonnage," when construed with 643,
 providing for the removal from state courts of
 suits against a revenue officer "on account of
 any act done under color of his office, or of any
 such revenue law, or on account of any right,
 title, or authority claimed by such officer or
 other person under any such law."

2. The island of Porto Rico by the treaty of
 cession became territory appurtenant to the
 United States, but not a part of the United
 States, within the revenue clauses of the
 Constitution, such as art. 1, 8, requiring
 duties, imposts, and excises to be uniform
 "throughout the United States."

 3. The imposition of duties upon imports from
 Porto Rico by the act of Congress known as the
 Foraker act, approved April 12, 1900 (31 Stat.
 at L. 77, chap. 191), temporarily providing a civil
 government and revenues for that island, was a
 constitutional exercise of the power of


Congress.


4. The United States, within the meaning of the
 clause of the Constitution (art. 1, 8) requiring
 duties to be uniform "throughout the United
 States," as in the other phrase respecting
 commerce "among the several states," must be
 understood to mean the states whose people
 united to form the Constitution and such as
 have since been admitted to the Union upon
 an equality with them. [Per Mr. Justice Brown.]

5. An alien people cannot be incorporated into
 the United States by the treaty-making power
 by a mere cession, without the express or
 implied approval of Congress. [Per Justices
 White, Shiras, and McKenna.]

6. Conditions which preclude incorporation into
 the United States, without consent of
 Congress, of territory acquired by treaty, may
 be inserted in the treaty of cession by the
 treaty-making power, and will have the force of
 the law of the land if the treaty be not
 repudiated by Congress. [Per Justices White,
 Shiras, and McKenna.]

7. The government of the United States has the
 power to acquire and hold territory without
 immediately incorporating it into the United
 States. [Per Justices White, Shiras, and
 McKenna.]

8. Places subject to the jurisdiction of the United
 States, but which are not incorporated into it,
 and hence are not within the United States in
 the completes sense of those words, are
 recognized by the provision of U. S. Const.
 13th Amend., prohibiting slavery within the
 United States "or any place subject to their
 jurisdiction." [Per Justices White, Shiras, and
 McKenna.]

 9. Incorporation into the United States of territory
 acquired by treaty of cession, in which there are
 conditions against the incorporation of the
 territory until Congress provides therefore, will
 not take place until in the wisdom of Congress it
 is deemed that the acquired territory has
 reached that state where it is proper that it
 should enter into and form a part of the
 American family. [Per Justices White, Shiras,
 and McKenna.]