The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-12-19
DOES CONSTITUTION
FOLLOW THE old FLAG.


upon no specific provision OF the con-
stitution. but rather upon q. principle of
our government which they say forblds
this nation to hold sovereignty over
subject territory which 1t does not make
q part Of itself under the stltution,
Mr.. Grlggs said:
III this were true, it would be limi-
tatlon or, the usual and necessary pow
ers OF q sovereign independent nation
of such tremendous Importance as to
justify us in inquirlng why It was not
clearly expressed in the fundamental
law by the men who drafted our consti-
tuition. They were harmed in the law
OF nations, they knew the! nature of COL
onles and provinces and how they were
acquired by treaty and conquest and
discovery, and how they were held and
governed by other nations. They gave
to the nation they founded the usual
powers of making war
and treaties, the most frequent meth
DDS by which foreign territory is ac-
quired by the nations OF the earth. II
they intended to restrict or limit their
own government in these respects would
they not have done so in express terms?
They did not do SO by any language
which can even,be suggested as capable
of such import, and 1t is, therefore,
right-nay, necessary-to conclude that
they did not intend to do sc"
Must Amend Constitution.
: He then proceeded to argue that this
was not only not the intention OF the
trainers Of the constitution, but de-
clared that II could be positively shown
that so far from their intending to or
ganize q government which should be
incapable of acquiring foreign territory
except upon condition OF making It an
organic part OF the United States, the
early statesmen OF the, republic were
under the impression that no territory
could be annexed to and become a part
Of the United States without amending
the constitution.
az shall show" he said, that the
practical construction put upon the
constitution by the executive and con-
gresslonal branches of the government
for hundred years has, with one par
tial exception, been uniform in regard
Ing. acquired territory as neither bound
nor privileged by that instrument until
brought within Its operation, either by
express compact in the treaty or by act
OF Congress; and that acts OF Congress
do not apply to after-acqulred teri cory
until extended to. 1t by subsequent leg
.islative enactment
Z Continuing he said 1t was not con-
tended that Congress had absolute
poweEi over the lives and property of
citizens There is here" he went on.
mo proposition to conilscate or destroy
the possessible quality OF the plaintiffs
merchandise.
Right Of Taxation.
ut Is mere demand OF right to
tax It atthe custom house. The right to
tax at our own ports merchandise COM
Ing from outlying territory OF the
United States is not a strange nor an
unusual exercise Of power. There is
nothing essentially unjust In such a
practice. 1t may be made unjust by
the severity OF the tax or. the rigor OF
the prohibition. but so may any other
kind OF a custom house Imposition.
Such a practice has long been followed
by every civilized power. England to-
day levies duties on the merchandise of
all her colonies when brought into the
United Kingdom. She did the same in
ante-revolutionary days. and we Will
not find among the complaints OF the
American colonies any protest on this
score" EE
E Mr.. Griggs then entered upon the
presentation Of his subject In detail; He
contended that the right OF the United
States to acquire territory had been as
serted In the Declaration OF Indepen-
dence. and said that such acquisition
could be made either by conquest. by
treaty, by annexation or by discovery.
He quoted a number Of supreme court
decisions in support OF this contention.
a great deal Of attention was given
to the right to govern territory when
once acquired. and innumerable author
tiles were adduced in support Of this
position, among others the decision OF
the supreme court in the Mormon
church case. in which the court, said