The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-12-19

said that power had now been affirmed
by the judiciary, and he quoted nu-
merous opinions in support of the state
ment.
| He contended also that the conceded
power to acquire territory by treaty or
, by conquest includes the right to pre-
| scribe what terms the United States
| will agree to in fixing the future status
of its inha bitants and in support of this
contention Mr. Grlggs said among other
things:
1.-THE political status of native Indian
tribes within territory acquired by the
United States by treaty has been uni
formly regarded as unaffected by the
cession. A long line of special treaties
with such tribes, and numerous acts of
legislation by congress on the subject
of Indians and Indian rights, show that
these people have always been regarded
as quasi-foreign."
He asserted that "the treaty making
power of the government has exercised
the right to deal with the status of the
inhabitants of ceded territory in every
treaty of cession from 1903 to 1885," The
status fixed, he said, has not been uni
He then proceeded to argue that this
practice is entirely at variance with the
doctrine that "the constitution follows
the flag" and that when territory is
ceded to the United States the inhabi-
tants become Immediately propriro
vigore citizens of the United States. eff
that doctrine be true" he said, EVERY
treaty that has brought us new lands
and new inhabitants has violated in this
respect the principles Of the constitu-
ton. 1t convicts of error and usurpa-
ton Thomas Jefferson, James Madison,
James Monroe, James K. Polk, Frank
lin Pierce, Andrew Johnson, their cabi-
nets and the senates that ratified their
treaties"
Arguing this point he asked: IF con-
gress may properly define the classes of
emigrant or aboriginal inhabitants who
may become citizens, and the proper
period of probation and the terms and
conditions of admission, why is 1t I'M
reasonable or unjust to leave to their
Judgment and discretion the time, the
terms and the conditions upon which
the inhabitants of lately foreign is
lands may be admitted to the same high
status?
"Are the United States so bound and
tied by this constitution of ours that 1T
can never acquire an island of the sea,
a belt across the sthmus, station for
a naval base, unless it be at the cost
of admitting those who may happen to
inhabit the soil at the time of the pur-
chase to full rights as citizens of the
Union, no matter how incohgruous or
unfit they may be, while the foreign
born inhabitant or the aboriginal red
man must depend upon the grace of
though he dwell half CEN
fury among us?
What reason can be suggested for
denying to this nation such full power
and discretion as are possessed by 9th
err nations in this respect? Why should
the trainers of the constitution have
wished to put shackels on the national
limbs, or to strip the nation of powers
necessary to the preservation of it's dig
nifty and the maintenance of its ma
terial interests on an equality with the
nations of the earth?
1.-THE full exercise of these ordinary
powers tend to the exaltation OF the
dignity, influence and welfare OF the
Union, These powers are inconsistent
with no principle Of personal liberty
WHY seek to needlessly limit and re-
strain the national functions? why
not rather. with the same largeness of
view and purpose that. characterized
s,,cb statesmen as Jefferson and Mar
shall seek by liberal Interpretation to
give broad and ample scope to the splr-
il of national development, looking fof-
ward. as Marshall expressed 1t, to the
GEES to come, when newer, grander and
more potential opportunities for nation
II growth and influence should have
,ome to us than our fathers ever dream
ID OFF,
Mr. Griggs laid it down as a fact
hat administrative construction, con-
sressional action, and judicial precedent
II affirm that under our revenue laws
VERY port in a coded country IS to pc
as a foreign one until such
avs are expressly extended by congress
q the new possessions" and he gave |
,erv complete citations of proceedings |
lnder these heads in support of his con- |
ention.
Tn this connection he quoted the |
1ause in the thirteenth amendment, |
avine that slavery shall not exist in |
he United States, "or any place subject |
O their jurisdiction" and commenting |
pon 1t said:
"The clear significance of this Ian
.uage is that there may be territory |
ertaining to and under the jurisdiction |
f the United States which is not
art of the United States and to which
he constitution of the United States
oes not apply unless it be expressly
1ade to apply thereto, as in the case
{ slavery"
Mr.. Griggs then went at length into
he claim that the constitutional clause
,hich provides that duties, imposts
nd excuses shall be uniform through
Mt the United States" prohibits impo-
ition Of duties in the cases before the
curt.
"The clause" he said "does not ap-
ly to nor govern these cases, because
he term United States as there used,
leans only the territory comprised
,ithin the several states of the union.
nd was intended only for their bene-
t and protection, and not for the bene-
t or protection of outside territory be-
,nging to the nation; in the latter
snse duties on imports from these is
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