The times., 1900-12-20
MR.. GRIGGS' CONVENTIONS
The Relation of the Constitution to
Insular Territory.
The Attorney General Concludes His
Argument in the Porto Rico and
Philippines Cases Before the su-
preme Court &C. ii. AiIrich, of
Counsel for Pepke. TO Close To-day.

Attorney General Griggs yesterday in
the United States Supreme Court con-
cluded his argument for the Government
in the cases involving the status of Porto
Rico and the Philippines. The closing
argument on the Philippine case, which
embraces the same question involved in
the Porto Rican case, will be made today
by Charles H. Aldrich, of counsel for Emil
]. Pepke, who claims fourteen diamond
rings which were seized by the Collector
of Customs at Chicago.
The courtroom was crowded yesterday
to hear the conclusion of the argument
OF the Attorney General.
Among those present were Judge Day,
the former Secretary of State and presi-
dent of the American Peace Commission,
and ex-Secretary Carlisle. They occupied
prominent seats within the space reserv-
ed for the bar, and were attentive listen
ers during the delivery of the Attorney
Generals argument. Every inch of avail
able space reserved for the public was
occupied. Many Senators and Represen-
tatives were also present.
The closing of the Attorney Generals
argument was both dramatic and elo-
Quent. 1t was strong plea for a liberal
construction of the Constitution. He said
he appeared before the court in a humble,
feeble way to support the administrative
branch of the Government. The Govern
ment had done nothing, he said, but hat
for which there was precedent. Every
act was in keeping with the Constitution
as Interpreted by Jefferson. John Quincy
Adams, Monroe, Jackson. and other Gis-
tinguished statesmen. The United States,
he said had become world power. The
people in the Philippines and Porto Rico
were to be given more liberty and privi-
lege than the Constitution ever dreamed
Of They would be given self-governmeat,
although not entitled to II under the Con-
stitution. because tney were Territories.
The Attorney General had four hours
in which to finish his argument begun
Tuesday. He took special pains to elab-
crate that part of his brief defining the
difference between organized and unor-
ganized territory under the jurisdiction
of the United States
Justice Brewer requested Mr.. Griggs to
make clear this distinction. Mr.. Grigss
closely followed his printed brief on this
point and took up Territory after Terri
tory in the order of their admission into
the Union. He said that in every in
stance the Territories came under the
operation of the laws CT the United States
by act of Congress and not ex proprio vi
gore. South Carolina and Rhcde Island,
he said. were treated as foreign States
while they were outside the Union. and
when they ultimately assented 10 the
Union Congress PASSED LAW extending
the revenue laws to them.
Prior to the admission Of Vermont as
a State Mr.. Griggs stated it had been
part of the territory of the United States.
If the revenue laws were applicable to
the Territory Of Vermont pToprio yigore,
then il was an act of supererogation to
extend them to the State. Mr. Griggs
stated that Jefferson maintained that the
laws of the United States must be eX-
Isicitly extended TO new acquisitions OF
territory as in the case of Louisiana. Jef-
ferson he said. selected certain acts to be
Immediately extended and others to be ex-
tended from time to time. Referring 10
the acquisition Of Florida Ar. Gfiggs said
that Monroe John Quincy Adams. and
jackson each cs whom became President
OF the United States. had declared Of
ficially that the Constitution, by its Own
force, did not apply to newly acquired
territory, but that the extension OF the
Congress by the act of 1874, Mr.. Griggs
said, had expressly extended the Consti-
tuition and Federal laws TO the organ
lied Territories and to every Territory
hereafter organized" The Attorney
General contended that the act went nc
further and could not apply to vGcI gam
lied territory. He cited in support of
his contention that territory may belong
to the United States or be under its iur-
isdiction the case OF the Guam Island
which he said was not part of the Uni
ted States.
At this point recess of half an hour
was taken. On reasse.nbling at 2:30
o'clock the Attorney General resumed his
argument. Calling attention to the Ter
ritory of New Mexico, Mr.. Griggs stated
that in the treaty which gave New Mex
loo to the United States, ii was stated
that the Constitution should apply to the
citizens Of the newly acquired territory
and when the treaty was ratified
special act OF Congress was not neces-
sary- S''-i rlf ar, was lot the case
Hi-h .-e Paris r. atty, in which Spain
se-sa % thE Uu "a States, Porto Rico
H hI0R.1es. Mr.. GTiggs argued
1. Gongress over the Ter
Eas absolute and supreme.
justice Brewer asked II Congress could
withdraw the C1nats ition from okala-
hons.
~ vas ---e mat Congress could do
~, inc Attorney General said, but 1t could
not take Il from the citizen. II the Con-
stitution governed, the Attorney General
said why make the compact with the
Northwest Territory? The internal rev
enGs laws do not apply to all the Terri
tories. The Constitution says all laws
must be uniform. The Northwest Terri
tory he said, did not pay the internal rev.
enue tax.
He cited the case OF Alaska, which. he
said. had no Legislature and was governed
by Congress. The general laws of the
United States, he said, could not extend
TO Alaska because 1t was an uBorganized
Territory. The law OF the United States,
he said, governed the army in the Phil
ipplnes The whole OF the argument was
in substance that the Constitution did not
and could not extend to the Territories
unless by special act of Congress.
TO CURE COLD IN ONE DAY
~. NJ