The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-19

hundred wears has with one partial cxcerion
been uniform in regarding acquired territory rs
neither bound nor privileged by that instrument
until brought within its operation, either by eN'
press compact in the treaty or by act of con-
gress: and that act of congress do not apply TO
afteracquired territory until extended 10 It by
subsequent Legislative enactment.
Continuing, he said it was not con-
tended that congress had absolute
power over the lives and property of
citizens: there is here" he went on,
'no proposition to conflscate or de-
stroy the possessibe quality of the
plaintiffs merchandise. 1t is mere
demand of a right to tax it at the Gus
tom house. The right to tax at our
own ports merchandise coming from
outlying territory of the United States
is not a strange nor an unusual eXer-
else of power. There is nothingp es-
sentially unjust in such a practice. 1t
may be made unjust by the severity
of the tax. or the rigOr of the pro-
hbition, but SO may any other 'kind
of custom house imposition. Such a
practice has long been followed by
every civilized power. England today
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 colonists any protest on this
score"
The Right to Prescribe Terms.
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 asserted in the Declaration of In
dependence, and said that such TIC
quisition could be made either by con-
quest, by treaty by annexation or by
discovery. He quoted number OF
Supreme court decisions in support of
this contention.
A great deal of attention was given
10 the right to govern territory when
once acquired and innumerable au-
thorities 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
that il would be absurd to hold that
the United States has power to ac-
O,iire territory and no power to gov
arn it 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 them and its sovereignty over
them was complete
In the course of his argument In this
connection, Mr.. Griggs asserted that
international law declares that the
new sovereign may deal with the In
habitants of acquired or ceded terri
tory and give them such laws as 1t
sees fit"
Views of Jefferson.
Mr.. Griggs gave considerable atten-
tion to the views of Thomas Jeffer-
son on the power of the United States
To acquire territory. He quoted the
letter of Mr.. Jefferson to Senator
breckenridge in 1903, in which Mr., JEFF
ferson said: 1.-The Constitution makes
no provision for holding foreign terri
tory" Commenting upon this express
sion the attorney general said:
Ii this language stood by itself and were the
only utterance OF Jefferson on the subject it
would justify that belief as to his opinion on the
constitutional question which has been commonly
attributed TO him. An examination, however,
OF his writings and Of his whole course OF action
with reference 10 the Louisiana purchase, espe-
ciplly with reference TO the constitutional ques-
tiop. shows conclusiyely that Mr. Jefferson i