The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-19
THE ISLANDS UNDER
THE CONSTITUTION
They Are a Part of the Un-
tied States.
cO nEcI ARES HARTMAN
so DECLARES HARTMAN
Duties on Commerce Between Them
and Us Unlawful.
ATToRNEY-GENERAL GRIGGs' ARGUMENT
He Holds That Every Port in Ceded Country
49, is Foreign Until Laws Are Extended
by Congress TO the New
Possessions,
Possessions.
(By the Associated Press.)

possessions,
(By the Associated Press.)
Washington, Dec. 1S.-The hearing Of
arguments in the Porto Rico-Philippine
cases, involving the status of those coun-
tries with relation to the United States,
was resumed in the United States Su-
preme court today. Both sides submitted
arguments, that for the United States
being made by Attorney General Griggs.
Edward c. Perkins senior counsel in the
Porto Rico case who spoke first con-
cluded the argument he began yesterday.
Mr.. Perkins said that the doctrine that
the Constitution did not extend to the
Territories based on the idea that
the Constitution was a substance. a sort
Of chattel. which could be moved about
here and there as Congress saw fit, rather
than something bequeathed to us by our
ancestors. 1t was. he said. sort of
trans -substantation of the Constitu-
tion." 1t was a contention that the Con-
stitution could not get into Territory un-
less Congress placed 1t there. 1t denied
that the Constitution in itself extended to
the Territories by declaring that 1t was
!. ap~ ~inanimote substance, lacking the pow
RS of locomotion.
" Justice White asked if Mr.. Perkins
contention would lead him to the conclu-
sion that Immediately upon the making
Of a treaty ceding territory to the Uni
ted States every person born in that
territory after the date of cesson be-
came ipso jure a citizen of the United
States.
Mr. Perkins answered that undoubtedly
-. 4l,x
cession and subject to the jurisdiction
OF the United States were citizens OF the
United States.
Mr.. Perkins said the limitations of his
answer was intended to cover special cir
cumstances relating to Indians and un-
=. civilized persons.
The people OF the United States in
9 aud by the Constitution" Mr.. Perkins
concluded, "organized and erected one and
the same Government Of defined and linn
tied powers for all people who might
inhabit within the dominion of the ma
tion. The whole purpose and theory OF
the Constitution is the establishment in
a permanent form ,unalterable except by
the people themselves of fundamental
principles of government applicable in all
time and in every place.
THE power to govern the people in
habiting the territory of the nation, which
is delegated by the Constitution to Con-
gress. is limited and defined by the Con-
stitution and Congress cannot trandescend
the limits imposed.
"Thc Constitution limits the powers OF
Congress to impose taxation by the man
date that all duties, imposts and excises
shall be uniform throughout the entire
domain of the United States"
JIDEE HARMAN'c ARCITMENT
Mr. Harman. of counsel for appellant in
the Philippine case argued:
by the treaty of peace between the
United States and Spain, the Philippines
became part of the United States; the
Government and the citizens of the Uni
ted States both enter said islands under
the authority of the Constitution with
their respective rights defined and marked
out the former can exercise no power
over the person or property of a citi-
zen of the United States beyond what
that instrument confers nor lawfully de-
ny any right which it has reserved.
Being a part of the United States the
Philippine Islands are subject to the pro-
visions of clause i. section s. article i
and of clauses and s, section 9, article
J. of the Constitution of the United
States And as there is nothing differently
commerce it became instantly bound and
privileged by the laws which Congress
had passed to raise revenue from duties
on imports and tonnage
The President of the United States has
no legislative power. The imposition OF
customs duties upon commerce between
these islands and other parts of the Uni
the United States has the power to ac-
exchange OF ratificatons by executive or
der is without lawful authority, and the
seizure of the property of the plaintiffs
in error, citizen Of the United States
under such pretended authority consti-
tutc taking of his property without due
process of law
ARGUMENT OF MR.. GRIGGS.
Attorney General Grggs began his ar
gument for the Government late this af-
ternoon He frequently emphasized his
points with resounding knocks on the
table.
The httorrov General eontended that
fch United States has the power to ac-
quire territory, then to govern it; that
government construction, Congressional
action. and judicial precedent affirm thar
q every port in ceded country is property
Regarded as foreign until laws are cx-
A.naed by Congress to the new possess
~ Thatkhe clause Of the Constitution
Unite States declaring duties uni
Soi n The United States does