The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-12-19
PORTO RICO
PHILIPPINES
Citizenship
concluded from Page IL

pine islands subject to the provisions OF
clause l. section s, article and the clauses .
and 6, section o. article of the constitution of
the United States And as there is nothing dill
fcrently stipulated in the treaty with respect TO
commerce it became Instantly bound and privi-
legged by the laws which congress had passed to
raise revenue from duties OH imports and toll
mage.
The president Of the United States has no legis-
lativc power The imposition of customs duties
between these islands and other parts of the Uni
ted States after the treaty Of peace and en-
change of ratihcations by executive order is with
ont lawful authority and the seizure of the prop
eriy of the plaintiff in error citizen of the
United States under such pretended authority,
constitute taking OF his property without due
process OF law.
Mr.. Harmon elaborated these main
points, citing and discussing many de-
cisions in support of them. In the
course of his argument Mr.. Harmon
conceded that congress could govern
the new territories in any way it saw
fit, so long as the form of government
came within the constitutions; it might
be governed by a governor general
or by a commission, so long as :he
form was not repugnant to the con-
stitution. He referred to the advance
of the American military commander
in Porto Rico, the welcome given him
as their deliverer from bondage and the
promise made to them of protection
and equality under the American flag,
Attorney General Griggs' Argument.
Attorney General Griggs then began
the presentation of the government S
position in the cases.
Mr.. Griggs began in a quiet conver-
sational style, seldom resorting to ges-
ture or emphasis. He said that as
counsel had been wandering in the
fields and plucking the flowers of elo-
quence," he would first give plain
statement of the issues involved
MI. Griggs' Plea.
Mr.. Griggs' plea was based upn a
brief of two hundred pages, the greater
part of which is devoted to presenting
the argument of the United States,
while the remaining portion is in the
shape of an appendix giving the text
of the peace treaty between the United
States and Spain and also the text of
other treaties supposed to bear upon
the question.
In presenting the governments side
Of the controversy the attorney general
first stated the two cases upon which
the proceeding is based. This was fol-
lowed by general explanation and
summing up of the governments posi-
tion, after which came the citation of
innumerable authorities. under appro-
pirate headings, with pertinent running
comment upon them. The attorney
general contended that the United
States has the power to acquire terri
tory; that having acquired 1t, it has
the right to govern It; that administra-
tive construction, congressional action
and judicial precedent affirm that every
port in ceded country Is properly re-
garded as foreign until laws are ex-
tended by congress to the new pos
sessions: that the clause of the Con-
stitution of the United States declaring
duties uniform throughout the United
States is not applicable to new
possessions and that the Constitution