The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-19
WIDESPREAD INTEREST
IN IMPORTANT Case.
Continued From Page One.


In this general contention on behaif OF
the United States Mr.. Griggs argued that
his opponents were wrong from Doth
legal and a constitutional point OF View
Referring to the legal aspect OF the case
he asserted that the Dingley act applied
to merchandise imported from Puerto
Rico and the Philippines after their ces-
sion to the United States. the same as IL
did before, and that in view OF the iact
that the tariff laws are In rem there is
no principle of justice, much less OF con-
stitutional restriction which forbids con-
grcss from taxing In this way the rner-
chandise of outlying possessions OF Inc
United States when brought into ports or
the Union
Mr.. Griggs contended that the. right OF
the United States to acquire territory had
been asserted in the Declaration of lnde-
pendence and said that such acquisition
could be made either by conquest, py
treaty by annexation or by discovery.
He quoted a number OF supreme court
decisions in support of this contention.
Right to Govern.
A great deal of attention was given to
the right TO govern territory wnen one
acquired. and innumerable authorizes
were adduced in support of this position,
among others the decision OF the supreme
court in tho Mormon. church case IN
which the court said that IT woeia De
absurd to hold that the United states
has power to acquire territory ana no
power to-4govern 1t when acquired;
In this case the court said further on
that the United States having acquired
the territory of Louisiana and the terri
tories west of the Rocky mountains, the
United States government was the only
one which could impose laws upon tnem
and its sovereignty over them was COM
plete."
Mr.. Griggs gave considerable attention
to the view OF Thomas Jefferson on the
power of the United States to acquire
territory. An examination of his writ
ings and of his whole course of action
with reference to the Louisiana purchase,
and especially with reference to the con-
clusivelv that Mr.. Jeffersons doubt was
not with reference TO the power OF the
United States to acquire territory, but
rather as to the right to annex 1t to
and make 1t part of the United States.
Liberal extracts were also made from the
annals OF congress to show that the only
doubt in the minds of members of con-
gress In connection with the acquisition
of Louisiana was the right to attach II
and make II part of the United States.
Referring to the doubts of Jefferson,
Madison and various others of their time
as to the power to bring acquired terri
tory into the Union, Mr. Griggs said
that power had now been affirmed by
the judiciary, and he quoted numerous
opinions in support of the statement
Power to Acquire Territory.
He contended also that 1.-THE conceded
power to acquire territory by treaty. or
by conquest, includes the right to pres
crlbe what terms the United States will
agree to in fixing the future status Of Its
inhabitants and in support of this con-
tention said:
1.-THE political status of native Indian
tribes within territory acquired by the
United States by treaty has been uniform
ly 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 peo-
DlN have ALWAYS bppn Regarded a utlaSi
foreign"
He asserted that 1.-THE treaty-makIng
power Of the government has exercised
the right to deal with the status of
the inhabitants of coded territory in every
treaty of eession from 1903 to 1888
The status fixed, he said. has not been
uniform, but exceedingly varying. He
then proceeded to argue that the prac-
tice Is entirely at variance with the doc
trine that the constitution follows the
flag, and that when territory is coded
to the United States the inhabitants be-
come immediately proprie vigore citizens
Of the United States, IF that doctrine
be true" he said, EVERY treaty that has
brought us new lands and new inhabit-
ants has violated In this respect the
principles of the constitution. II oonvicts
OF error and usurpaton Thomas Jeffer-
son, James Madison. James Monroe.
James h. Polk, Franklin Pierce. Andrew
Jackson. their cabinets and the senatos
that ratified their treaties"
II congress may properly define the
tants who may become citizens and the
proper period of probation and the terms
and conditions of admission. why 1t is
unreasonable or unjust TO leave their
Judgment and discretion to name the
terms and conditions upon which the in
hahitants of lately acquired foreign ISL
ands may be admitted To the same high
status.
Question of Consultation.
"Is. the. United States so bound and
tied bN this constitution a. n
can never acquire an island Of the sea
n belt across the isthmus. a station for a
naval base, unless II be at the cost OF
admitting those who may happen to
chase to full rights citizens OF the
Union no matter how uncungenial or
UNIT they may be, while the forelgn-born
inhabitants or the aboriginal red man
must depend upon the grace OF congress,
though he dwelt half a century among
USE
What reason can be suggested for
denying to this nation such full power
and discretion as are possessed by other
nations In this respect Why should the
trainers OF the constitution wish TO nut
sshackles upon the new limbs. or 10 strip
the nation 81 powers necessary to pres
erVatlon of It's dignity and tho main
tenance of its material interests on an
epuality with the nations Of the earth7
The fuli exercise or those ordinary
powers tends to the eNsltation 81 the
dignity influence and welfare Of the ma
tion These powers are Inconsistent with
no principle OF lioerty. why seek 10 need
functions. Why not rather. with the same
iargenrss of view and public policy that
characterized such statesmen as Jeffer-
son and Marshall. sock by liberal inter-
pretation to give broad and amnie score
20 the spirit Of national DEVELOPMENT
looking forward. as Marshall expresses
u, - the ages 10 come. when newer
grander and more potential OPPORTUNITIES
for national growth aud influence Shouts