The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-12-19
CITIZENS OR ALIENS
STATUS o. PEOPLE ga COLONIES
DlSJt ssf.D.
LIMITS OF THE CONSTITUTION.
ruOMINENT NTTouNTN~ PRESENT
OPPOSING AHGt MENTS.

~ Able Discussion of the Question
nt Issue ~ NttorucS General
GriEEs-itr DcHur~ thr Meaning of
the rrrtn "a nitcd states" aud Con
tends Thnt People "t Crded or
Conquered TERRITORY Acquire
No Rights Under Consultation tn-
lees ENprcssls g.Ntcndcd 60 Them.
Washington Dec. lS-Thr h,arrr ,f
arguments iu thc Porto Eeo- Philippine
eases. involving the status of those Doue-
tries With relation GO thc United Sttl.a
Uas resumed m the United States su-
promc Court to-day ioh siios Submit
tsd arguments that Tor tbc uuitsl st.ats
bciug made bv Attorney General Grl-es
Edward O. rrku.. a,ulrr counsel iu tae
Porto Rioo case who spoke nrt CON.
clud,d toe "rrumcns De- beetn ycstet
day
Mr Porkius said that thc dpc.rinr that
tho oonsatut on did not cNteud io tae ter-
ri,orioe wss based on the tIes tA4t tHe
constitution was a substance. q sore of
chattcl which could Dc moved ahopt here
aud thcra as Congress saw nt rather
than sometllne b,qutathcd to ua by our
ancestors 10 was he sald sort of
"trans suh-auulilrn of the uans.lta.
uon." % was contention that tue cou-
sutution coud 500, sst ioto tcrrtos
unless Congress pltcsd 90 There % de-
nicd mot thc constitution lu itsaif extcni-
"a 20 the territories by dor.arne tbst it
was AN inanimate subsistence. lacking the
powers Or locofnouon.
Justice white asked a series of po.atoa
questions Of Mr. Perkins
Justice Whit, asked f ar. Perkins con-
tcutIon wouii lead him 90 tive coueiusiou
that Immediately upon the making Of the
treaty ceding territory 80 tine uutei
States. every person born in thnt terri-
tory aftor the date Of ces-lon became ipso
iure q citizen Of thc United states
Nj. Perkins answered that undoubtedly
persons born iu thc territory after tae
cesslon and subject 20 the Iurisd ctiou ot
ne Tinted States were citizens OF tho
United States
NJ. Perkins sali ,he limitations Of hls
answer WAS intended 60 cover special
Circumstance. relating 60 Indians aui uu-
civilized persons
''Tho people Of tho United States in and
by me constitution Mr. Perkins cou-
cluded "orsauized and erected one snI
the same government of defined and ilm-
tied powers FOR au people who might in
habit within the dominion ~ tine nation
siution Is the establishment boz par-
manent form. unaltorablo except by the
people themseives. of Fundamental pr'n-
cipie Of government applicable 10 an time
ana in every place
'The power 20 govern the people iuhab-
idng the territory OF the nation. which
ls delegated by the constitution 90 Com
gross is limited ana defined hy t1o con-
stltuilou ana Congress cannot transcend
the limits Imposed. The constitution limits
the power OF Congress 20 impose iaNa-
tlon by the mandate that AN duties. inn
posts and cxclses, shall be uniform
throughout the entire domain of the Unit
ed states."
Mr Harmon of counsel for appellant
To- the Philippine ease. argued.
"By the treaty of peace between Ga,
United States ami Spain. the rhlHpDlues
became "a part Of the United States. tie
government and the citizens ~ the Unit
e,I States both enter said islands under
the authority of the coas,iullon
with their respective rights de-
nncd and marked out. the former can
exercise go roWer over the person or
property OF citizen of the United states
beyond what that instrument confers, noi
lawfully deny any right which it has re-
served
Being a part Of the United States the
Philippine lsards are subject 10 tho pro.
visions Of c.luse O. Section s. Article j.
ana on clauses nu O. section . Article
I Of the constitution or the United States.
And a. there 81 nothing differently ailpu-
lated in the treaty with respect to come
merce 81 became Instantly bound ami
privileged by THE laws which Congress
had passed 90 ralso "a revenue from dutieH
on import ard Tonnage
s'rhe President Of the United states haa
no legislative power. The imposition "
ctsioms dutiea upon commerce be Ween
thefe Islands ANA other parts ~ tho
United states after the treaty of peace
and exchange Of rat .ncl tious by executive
order Is without lawful authority, ana
the seizure of the property ~ the piainun
IA error citizen of tha United states,
under such pretended Authority. constitute
"A taking of his property without due pro-
cess Of law"
Attorney General GriEe began his ar
eumcnt for the g0vernm CO lIte tnis AZ
ternoon He freauentiy cmphislzcd bis
roiufs wNh rosoundlne knccks on tnc
table The attorney general cqutenaed
that tha United stnfes has the power 20
acquire territory then 10 goyeru it. thai
aarulristriifion construction. con ere sio al
action arl JUDICIAL precedent affirm that
eyarv port in 3 ce-iad country is properly
REGARDED a. foreign unu iaNH are ex-
tended hy Congress 90 the new posses-
aions. that che clause ~ the constitution
- tho United states deciarlug duties uni-
FORM fhr uehouf the Iu ted States ls not
at,ftleahie 90 new pusargFions end that
she ronstituf on doe mos extend ~ its
ov-, force over ncqulrel territory He
laNi aown as established she two follow
ing propositions
a Thst tHe tariff set of ls99 WIS in-
,.rd.d - Congress to classify aa foreign.
.ti oo,,nffies uot "a port ~ or belonrug
~ enc fnlfed states 80 the time of ifs
naesare ana the subsequent ceasiou ~
~ gnanIsh b 8nds "a thc United States.
did not operate 10 a1mh imports from
tfase Islands free of duty. under that
law
a1 That the tariff act 20 construed
a. HHsaaN lH.H