The Pacific commercial advertiser., 1900-12-27


that lit would be. absurd to hold that
the United States has power to acquire
territory and no power to govern it
when acquired.
In this case the court said further on
that the United Stats having acquired
the Territory of Louis. ana and the Ter
ritories 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 argu-
ment in this connection Mr.. Griggs as
serted that international law declares
that the new sovereign may deal with
the Inhabitants of conquered or ceded
territory and give them such laws as
IL sees fit
QUOTES THOMAS JEFFERSON.
Mr.. Griggs gave considerable atten-
ton TO the view of Thomas Jefferson
on the power of the United States to ac-
quire territory. An examination of his
writings and Of his whole course of ac-
ton with reference to the acquistional
question, he said. shows conclusively
that Mr.. Jefferson's doubt was not with
reference to the power of the United
States to acquire territory, but rather
as to the right to annex it to and make
it a part of the United States. Liberal
extracts were also made from the an
nails of Congress 10 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 it
and make IL 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
territory 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
He contended also that "the conceded
power to acquire territory by treaty or
by conquest. includes the right to pre-
scribe what terms the United States
will agree to in fixing the future status
of its inhabitants" and in support of
this contention said:
The political status of native Indian
tribes within territory acquired by the
United States by treaty has been uni
formly 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 people have always been regarded
as quasi foreign"
He asserted that "the treaty making
power of the Government has exercis-
ed the right to deal with the status Of
the inhabitants of ceded territory in ev-
cry treaty OF cession from 1903 to 1898" ="
FLA nNoT FOLLOWED.
! The status fixed. he said, has no:
been uniform. but exceedingly varying
He then proceeded to argue that. this
practice is entirely at variance with the
, doctrine that the Constitution follows
the flag" and that when territory is
ceded to the United States the inhabit-
ants become Immediately proprie vigore
citizens of the United States IF tina,
doctrine be true" he said, every treaty
that has brought us new lands and new
, inhabitants has violated in this respect
the principles of the Constitution. Il
, convicts OF error and usurpation Thom
/, as Jefferson. James Madison, Jane:
, Monroe. James X. Polk, Franklin
Pierce. Andrew Johnson their Cabinet!
and the Senates that ratified their trea
ties"
= Arguing this point, he asks: "If Con
: gress may properly define the classes o
: emigrant or aboriginal inhabitants VIII
9 may become citizens and the proper pc
: riod of probation and the terms an
A conditions of admission, why is il un
a reasonable or unjust to leave their judg
: nent and discretion TO time, the term
a and conditions upon which the inhabit
4 ants of lately acquired foreign island
g may be admitted to the same high stat
: us.
:, Are the United States so bound an
:; tied by this Constitution of ours that
% can never acquire an island of the SCI
; "A belt across the isthmus, station fc
l. naval base, unless II be at the COS
n OF admitting those who may happen I
N irhabit the soil at the time of the pul
% chase TO full rights as citizens of til
:, Union. no matter how incongruous
N unfit they may be, while the foreign
IF born inhabitant or the aboriginal re
= man must depend upon the grace
J., Congress, though he dwelt half a Gel
tUry among us?
NO NEEDLESS LIMIT
Iv What reason can be suggested Fl
&c, denying to this nation such full pow
n and discretion are possessed by 9th
j. nations in respect? Why should Il
10 trainers of the Constitution have wis
g ed to put shackles on the nation
ic limbs or to strip the nation of powe
r necessary TO the preservation of
ne dignity and the maintenance of its m
y, terial interests on an equality with [
nations of the earth?
O. The full exercise of those ordina
IL powers tends to the exaltation of [
g dignity. influence and welfare of the n
or ton. These powers are inconsiste
n with no principle of personal libert
Ir Why seek to needlessly limit and I
W strain the national functions? w
ht not. rather, with the same largeneSs
.ss view and purpose that characteriz
m such statesmen as Jefferson and Ma
,ot shall seek, by liberal Interpretation,
ri give broad and ample scope to the sp
IA IT of national development. looking Il
ward, as Marshall expressed 1t. To
M ages to come when newer, grander a
W. more potential opportunities for r
III tional growth and influence should ha
no come to us than our fathers e,
he dreamed Off"
er- Mr.. Griggs laid il down as a fact II
A administrative construction. Congr
he sional and judicial precedent all aft
m that under our revenue laws every p
Of in a ceded country is TO be regarded
nor a foreign one until such laws are
ia pressly extended by Congress to
a new possessions" and he gave W
the complete citations of proceedings
the der these heads in support of his c.
ind tention.
In this connection he quoted
ey- clause in the thirteenth amendmt
law saying that slavery shall not exist
All the United States cor any place subj
the to their jurisdiction" and comment
an upon ii said:
no. The clear significance Of this
Ier- guage Is that there may be territ
Ihis pertaining to and under jurisdiction
the United States which Is not a r
of the United States. and to which
Constitution Of the United States q
gnt not apply unless 1t be expressly m
frl- a anp1v thereto a n tho ca Of ci