The Pacific commercial advertiser., 1900-12-27
DECISION TO FIX THE STATUS OF THE
UNITED STATES ISLAND POSSESSIONS
philippines and Porto Rico Furnish the Test Cases for Adiu
cation by Americas Highest Tribunal Sit.
ting In Washington.

view of the fact that tatiff laws are in
rem, there is no principle of JUS
uce, must less of constitutional re-
striction which forbids Congress from
taxing in this way the merchandise of
outlying possessions of the United
states when brought into ports of the
Union.
He laid down as established the two
following propositions:
Cd That the tariff act of 1897 was in
tended by Congress 10 classify as for
eign all countries not part of or be-
longin~ to- the United States at the
time OF its passage, and the subsequent
cession of the Spanish islands to the
United states did not operate to admit
imports from those islands free of duty
under that law.
CD That the tariff act so construed
and enforced violates no constitutional
rule Of uniformity.
POWERS UNTRAMMELED
Taking up the constitutional question
the Attorney General declares that
there was no doubt that il was the in
tention of the Paris treaty not TO make
the ceded islands a part of the United
states and also that IL was intended not
To make the Inhabitants Of those islands
lcitizens. The only thing that could JUS
tify a declaration that the treaty is in
valid would be that ii violates the Con-
stitution of the United States
Calling attention to the fact that
those who attack the treaty rest their
case upon no specific provision of the
constitution, but rather upon a princi-
pie of our Government, which they say
fOrbids this nation to hold sovereignty
lover subject territory which IL does not
make a part OF itself under the Consti-
+tetion. Mr.. Griggs said:
IF this were true, IL would be lin
itation upon the usual and necessary
powers Of a sovereign Independent ma
tion OF such tremendous Importance as
to justify US in inquiring why il was
not clearly expressed in the funda-
mental law by the men who drafted
our Constitution. They We're learned in
the law of nations. they knew the ma
ture OF colonies and provinces, and
how they were acquired by treaty and
conquest and discovery. and how they
were held and governed by other ma
tions. They gave TO the nation they
founded the usual untrammeled pow.
ers OF making war and treaties the
most frequent methods by which for
eign territory Is acquired by the na.
I tions of the earth. II they intended I,
/. restrict or limit their government il
2 these respects. would they not have
done so in express terms? They did no
do so by any language which can ever
be suggested as capable Of such impor
and IL Is therefore right-nay. neces
Q tend TO do so"
: CONGRESS MUST ACT.
n He declared that Ii could be positivel,
e shown that SO far from their intendin
r TO organize a government which shoul
= be incapable OF acquiring foreign terri
, tory except upon condition of maxim
!, u an organic part of the United State.
= the early statesmen Of the republi
n were under the impression that no ter
ri h.s
a "a part of the United States withou
= amending the Constitution.
% II shall show" he said that the praC
), teal construction put upon the Const
. tuition by the Executive and Congress
y sional branches of the Government Il
100 years has. with one partial exceJ
tion. been uniform in regarding acquii
Df ed territory as neither bound nor priv
- ileged by that instrument until brougl
within its operation. either by expre
&c compact in the treaty. or by act Of Cor
IN gress: and that acts Of Congress do n
&c apply to after-acquired territory uni
"A extended TO II by subsequent legisl.
tive enactment"
n Continuing he said II was not col
y tended that Congress had absolute poy
er over the lives and property of cit
zens; there Is here" he went on, 81
De proposition TO confiscate OF destroy Il
r possible quality OF the plaintiffs me
as right TO IL at the Custom house. It
nd right 20 tax at our own ports mercha
A. disc coming from outlying territory
of the United States Is not a strange n
o. unusual exercise Of power. There
n nothing essentially unjust in such
,r- practice. II may be made unjust by {
ed severity Of the tax or the rigor Of [
RI prohibition. but so may any other XII
he Of Custom house disposition. Such
We practice has long been followed by 9
nd cry civilized power. England tod
,rt levies duties on the merchandise of
ed her colonies when brought into I
by United States. She did the same in a
at te-revolutionary days. and we will 7
he find among the complaints Of the Am'
rm lean colonists any protest on &
n score
iat THE POWER TO GOVERN.
It's Mr.. Grigxs contended that the rif
of the United States to acquire ter
OF tory had been asserted in the Declal
led tion Of Independence and said u
ON such acquisition could be made eitl
OF by conquest. by treaty. by annexat
or or by discovery. He quoted a NUM-
ley Of Supreme Court decisions In supp
ted OF this contention.
nes a great deal OF attention was given
tes the right to govern territory WI
In once acquired. and innumerable