Daily inter mountain., 1900-12-18

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:
(2)--That the tariff act so construed
and enforced, violates no constitutional
rule of uniformity.
Taking up the constitutional question.
the attorney general declares that there
was no doubt that it was the intention
of the Paris treaty not to make the ced
ed islands a part of the United States,
and also that it was intended not to make
the inhabitants Of those islands citizens.
The only thing that could justify a
declaration that the treaty is invalid
would be that it violates the constitution
Of the United States.
Calling attention to the fact those who
attack the treaty rest their case upon no
specific provision of the constitution, but
rather upon a principle Of cur govern
ment which they say forbids this nation
to hold sovereignty over subject terri
tory which il does not make part of it.
self under the constitution, Mr.. Griggs
said:
IF this We're true, it would be limita-
ton upon the usual and necessary powers
of a sovereign Independent nation OF
such tremendous Importance as to JUS
tify us in nquiring why it was not clear
ly explained in the fundamental law by
the men who drafted our constitution.
They We're learned in the law of nations
they knew the nature of colonies and
provinces and how they We're acquired by
treaty and conquest and discovery, ana
how they We're he'd and governed by 9TH
er nations They gave to the nation
they founded the usual untrammeled
powers OF making war and treaties, the
most frequent methods by which foreign
territory is acquired by the nations of
the world IF they intended to restrict
or limit their government in these re-
spects. would they not have done SO in
explicit terms? They did not do so by
any language which can even be sus-
gested as capable of such import and it
is therefore iight-nay necessary-to con-
clude that they did not intend to do o "
He declared that it could be positively
shown that so far from their intention
to organize a government which should
be Incapable OF acquiring foreign terri
tory except upon condition of making it
an organic part of the United States, the
early statesmen of the republic We're
| under the impression that no territory
| could be annexed to and become part ci
| the United States without amending the
constitution.
| Continuing he said it was not contend
! ed that congress had absolute power
I over the lives and property of citizens
There is here" he Went on, mo propo-
| sition to confiscate or destroy the quality
| of the plaintiffs merchandise. 1t is a
| mere demand of right to 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 unusual exercise of power.
1t may be made unjust by the severity
of the tax or the rigOr of the prohibition,
| but so may any other kind of custom
house imposition. England today levies
duties on the merchandise of all her
colonies when brought into the United
States. She did the same in ante-revo-
lutionary days. and we will not find
among the complaints of the American
colonists any protest on this score.'
A great deal of attention was given
to the right to govern territory when
once acquired and innumerable authori-
ties We're adduced in support of this po-
sition, among others the decision of the
supreme court in the Mormon church
case, in which the court said that I'll
would be absurd to hold that the United
States had power to acquire territory
quired."
In the course of his argument in this
connection, Mr.. Griggs asserted THAI
internationa law declares that the new