Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-12-18
GD|GGS ARGUES CASE
1eontlnued from First PageoE

Tlle internal alia sense, ,sssigisat-
si,a III Stent Of ctr aenaif. d soy
.ei#iei ration.
has sense il includes al territory
uilGa ur dominion wherein no o,tler
a,s;itd@n has soveisi gl.ty even such as
flsiS be under on I coistrol By e iporaly
conquest. as Tannles MeXirp. durirg
the Siexican gar Fleming vs.. Page);
swhiie In domestic eils- II includes
geographically tile states Of the union
and such Territory as the president ard
senate have Dy treaties expressly an
mixed and made part Of the United.
states. and such as congress and the
lstsald dent, Is act or resolution. have ex-
4lsrsSsiy annexed TO and made part of
tias United States. as the Hawaiian:
fslande
The attorney general argued for a
sIafi, des5nssiticl betwesn the rights OF
ttle people the STATES and those OF our
immediate territories. saying thatallrhe
authority pf thu Tnlted states is derived
fssslll tine pe9pie ofthestates and not from
~ 9Se cf the territories hat the people
80 the ierrli cries can not share Or con-
tiai,iifessto that authority. rs they arg de-
piiYtd OF the rieilt to elect officials, etc.
lslS. purpose OF the constitutional pro-
,iaipn tor uniformity was that OF insur-
ir's equally fair treatment to ali the
stiites BY congress and it Was known to
have been on. 20 .l, guarantees held
& " 70 iht' stayes to accept the constiti-
ton. II was not a personal but a local
guaranty, operating moi as a privilege to
individuals, but 10 states considered as
organized eanstituenis Of the UNION.
Hence he argued, reasons for applying
y u territories are wanting.
q ne iast feature of tho argument was
contention that the cons Tuition ,,aas
rot xtend OF MS oNn fDlra ovsr ao
auired territory, and In mis- connection
the attorney general sought 10 rsf,ife
The doctrine as laid down BY Chief JUS
lice IancS- in the bred Scott case. that
the United States could NOT ACQUIRE
territory for any other purpose than to
convert into states of the union.
The doctrine Of the ex- proprio vigore
extensionso OF the constitution w,as never
heard Of. he said. suntlat was invent
ed and advocated by Calhoun as q
means of fastening slavery upon c,alj-
fornia and New Mexico beyond ,ba
power of congress to disturb or abolish
y at was IN conflict with all previous
views Of statesmen Of all parties and
opposed TO the compact in the ordi-
nance of 1887. as We'll as TO the act of
congress known as the Missouri com
promise"
The doctrine announced in the bred
Scott decision was. said Mr.. Griggs.
not original with Chief Justice Taney,
but was originated by John C.. Calhoun
and pronounced by him during the dis
cussion of the Wilmct proviso of 1s47.
This doctrine had been ,tacitly ignored
and repudiated in later opinions and in
congressional action, to say nothing Of
the effect upon 1t of the result Of the
civil war Indeed, said the attorney in
the language OF Professor Pomeroy,
the bred Scott decision had become "a
by-word and a kissing"
In conclusion Mr.. Griggs submitted
that the Judgments in the lower courts
in both cases violate no constitutional
or other right and therefore should be
affirmed.