Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-12-26

ton fulinss The nat. afd that when
coded Territory lH redci ~ the thltad
statrt the inhahufnts Immediately bs.
uinr pfunfiu Niglfv tiiigenf ~ tho
niisd States N that dattfirp be-
tfun. ho said every Treaty that haa
brought us npa lands I'D nov lnbebl
ianta has violated Nv tlls trapert tho
I principles NJ The constitution n con
yirta " error and ueufpatinn rhomas
Jefferson James Madison James Mon.
/ roe. James u rolk. Franklin Fierce.
| Andrew Johnson their cabinets aud
The sunatos thai ratinrd their treat.
ics.' Arguing This point he said
" Congress may properly define
'hr classes uf cmlgrant " aboriginal
inhabitants who may become citizens
and the proper period " probation
and the terms and conditions " admits.
sion. why II " unreasonable or unjust
to leave their Judgment and discretion
10 time. the terms and conditions upon
| which the inhabitants Of lately ac.
quired foreign islands may be admit.
ted 20 the same niRh status7
! Are the United states 80 bound aud
tied by this constitution Of ours that
II can never acquire an island OF the
sea. belt across the isthmus. a sta.
ton for naval base. unless II he nt
the cost OF admitting those who may
happen to inhabit the soil nj the time
~ the purchase To- full rights as citi.
zens Of the union, no matter how In.
congruous or unfit they may be. while
the foreign born inhnbitant or the
aboriginal red man must depend upon
the grace of ngross, though he
dwclt half CO. " among us? " nat
reason can sgosted for DENYING
10 this matte lHN full power and dis
"retiou n % sessed ~ other ma.
lions IN thisNro. &? Why should the
trainers Of the constitution have wish.
cd to put shackles on the national
limbs or to strip the nation OF powers
necessary 20 the preservation OF its
dignity and the maintenance OF its
material interests on an equality with
the nations of the earth?
The full exercise of these ordinary
mowers tends Co the exaltation OF the
dignity, influence and welfare Of the
nation. These powers are inconsist.
ent with no principle Of personal lib.
ertv. Whv seek to needlesslv limit
and restrain the national functions ?
Why not rather. with the same large.
ness of view and purpose that charac.
terized such statesmen as jefferson
and marshall seek bv liberal interpre.
tation to give broad and ample scope
TO the spirit of national development
looking forward. as Marshall expressed
i, ~ the ages to come when newer
grander and more potential opportu.
mites for national growth and infiu.
ence should have come to us than our
fathers ever dreamed OFF"
Mr. Griggs laid II down as a fact
that administrative. constructive con.
gressional and judicial precedent all
afiirm that under our revenue laws
every port In ceded country Is to he
regarded as foreign one until such
laws are expressly extended by Con.
gress to the new possessions" and he
rave very complete citations of pro.
needings under these heads in sup.
oort of his contention.
In this connection he quoted the
clause in the thirteenth amendment,
saying that slavery shall not exist in
The United States "or any place sub.
iect to their jurisdiction" and com.
menting upon II, SAID:
-ae clear Significance of this Ian.
guage is that there may be territory
pertaining to and under the jurisdic.
ton OF the United States which Is not
part of the United States, and To
which the constitution Of the United
| States does not apply unless It be ex
, pressly made to apply thereto. as IN
the case of slavery"
Mr.. Griggs then went at length into
the claim that the constitutional clause
which provides that duties, imposts
and excuses shall be uniform through.
out the United States" prohibits inn.
position of duties In the cases before
the court
That clause" he said does not ap.
ply to nor govern these cases, be-
cause the term United States as there
used means only the territory com
prised within the several states of the
union and was intended only for their
benefit and protection and not for the
benefit and protection of outside ter.
ritory belonging to the nation; In the
latter sense duties on imports from
these islands were uniform through.
out the United States, because they
are uniformly imposed at every port
in the United States. so that there Is
no preference given to the ports OF
one state over those OF another, nor
is there any inequality between the
several states crealed."
The attorney general argues for
sharp delineation between the rights
of the people Of the states and those
OF our immed ate territories, saying
that all the authority of the United
States Is derived from the people Of
the states and not from those Of the
territories; that the people OF the ter.
ritories canot share or contribute to
that authority, as they are deprived OF
the right to elect officials, etc.
The purpose of the constitutional
provision for uniformity was that II
insuring equally fair treatment to all
the states by Congress, and II was
known to be one of the guarantees
held out to the states to accept the
constitution. 1t was not personal
but a local guaranty, operating not IS
privilege to individuals but to states
considered as organized constituents
OF the union. Hence, he argued, rea.
sons for applying it to territories are
wanting. H--ss. !.
The last feature OF the argument
was contention that the constitution
does not extend Of its own force over
acquired territory, and in this con-
nection the attorney general sought to
refute the doctrine as laid down by
Chief Justice Tahey In the bred Scott
case that The limited States could not