The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-20
PUT MANY QUESTIONS.
CONCLUDED FROM FIRST PAGE.)

CONCLUDED FROM FIRST PAGE.)
was not quite clear on the rules prohibit
ing this practice. He had been requested
as a fourth-class man to take a few drops
acts to be Immediately extended and others
to be extended from time to time as might
be found practicable.
The attorney general directed attention
in the instance of the acquisition of Flor
ida TO the fact that three American states
men. Monroe, o Quincy Adams and An
drew Jackson, each of whom was elected
President of the United STAKES, united in
declaring officially that the Constitution did
not apply of its own force 10 territory
newly acquired by this Nation, by virtue of
the act of acquisition, but that such ex-
tension must be accomplished by the ac-
ton of Congress- Mr.. Griggs also speci-
fled the territorial organization of Ore
gon, Missouri, Montana and Wyoming, In
each case showing that Congress specif-
cally extended the laws to these Terri
tories.
Finally, as to the extension of laws TO the
Territories, Mr.. Griggs said that by act Of
Congress i'm 1874 Congress had expressly ex-
tended the Constitution and federal laws
to the organized Territories" and to every
Territory hereafter organized But the
act went no further than organized Terri
tories" and could not be interpreted to
mean that expanse of country entirely I'M
organized. The Guano islands were cited
In support Of the proposition that territory
may belong to or be under the Jurisdiction
or the United States without being a part
of the United States. Over seventy different
islands. keys and groups of islands have
been thus taken possession OF and made
for such special purposes the property of
the United States. They enjoy certain priv
ileges under the law, and the United States
Supreme Court has recognized their status,
but they are not a part of the United
States.
ARE WE TIED AND BOUND?
Turning from his books. Mr.. Griggs
earnestly exclaimed: why should this
government be considered to have less free
dom of action in this matter thar other
nations? What clause of the Constitution
SC compels? Are we so tied and bound that
we are never to secure the fruits of victory,
never to acquire an island of the sea, a
belt across the isthmus, a station for a
naval base, unless at the cost of admitting
those ~inhabiting the soil to full rights as
citizens of the United States, whether they
be cannibals or savages. and granting them
the glorious pOtentiality of being q part Of
the people of the United States? Did our
forefatherS hamper us like that? If so, this
Constitution is as misshapen as Richard the
Hunchback, sent into this world before his
time, scarce half made up, and that SO
lamely and unfashionably' that nations
laugh at us as we halt by" The attorney
general made this comparison in tones
which rang out into the corridors.
The crowds continued to fill the court
room during the afternoon, among those
coming in being Senators Fairbanks, Bacon
and Nelson and Representatives Mccall and
Littlefield, who together made the fight
against the Porto Rican bill, Solicitor Cen
eraI Richards and many officials from the
Treasury and other departments.
Justices Brewer and Harlan asked a num-
Der of questions. Justice Brewer asked if
the attorney general held that as Congress
extended the Constitution and laws to the
organized Territories, Congress also could
take them away from the Territories.
Mr.. GriggS answered that this was a
most serious question, but he thought it
safe to say that when the laws were once
extended to Territories an inviolable con-
tract was created and could not be broken.
Justice Harlan asked the attorney general
to state later to what extent Congress could
impose a tariff to be collected against goods
coming from New Mexico, Arizona and
Alaska. Justice Brewer also reminded Mr..
Griggs that Oklahoma was not included in
the treaty taking in the Louisiana and
Mexican territory, and was an apparent ex-
ception to the rule stated by the attorney
ACTION OF CONGRESS.
Mr.. Griggs said that Congress, in it's
last session, in effect, declared that the
existing tariff laws were applicable against
the goods of Porto Rico. This was in the
act of last March renting to Porto Rico
certain duties collected under existing
law" This. Mr.. Griggs declared. was an
assertion by both branches OF the present
Congress that the tariff act, which was
the existing law operated against Porto
Rico.
Justice White asked the attorney general
IL he claimed that Congress could so ex-
empt Territories from the laws as to give
them privileges not enjoyed in the United
States. Mr.. Griggs responded that he did
so claim; that, in fact, the Territories had
been for years exempted from internal
revenue and direct taxes.
The attorney general referred to the cell
ebrated case of LoughborOugh VS.. Blake,
whereupon Justice Harlan. reading from
that decision, asked Mr.. Griggs what
Chief Justice Marshall meant in saying:
THE power to lay and collect duties, i'm
posts and excuses may be exercised, and
must be exercised, throughout the United
States
Mr.. Griggs said: Throughout the United
States" referred TO the States of the Union,
but Justice Harlan pointed out that 1t re-
ferred also to the District of Columbia and
the territory west of the Missouri.
Mr.. Griggs closed his five-hour speech
with a brilliant peroration. II am here
in a feeble and humble way said he,
ito support the executive and legislative
branches of the government in dealing
with these momentous questions. Through
out ! have felt a serene confidence that
nothing / have advised. nothing the gov
eminent has done, has been without its
presidents and fOrerunners from the most
illustrious of our forefathers; from JEFF
ferson. Jackson. Madison. Gallatin and
from the great chief justices of the past;
that nothing has been done but tended TO
the great exaltation and extension of our
country and the Improvement of the peo-
pie coming under our control" Instead of
seeking strict and narrow constructions,
he said. the powers of the executive and
legislative branches had been so construed
as TO give them a wise and safe discretion.
so that the day would be FASTENED when we
might give TO these new peoples self
government and to some of them. perhaps.
a place in the galaxy OF states.
The court adjourned as soon as Mr..
Griggs finished, and members of the bar
gathered about him to congratulate him
upon his able and eloquent presentation
of the governments case. Mr.. Aldrich
will close for the plaintiff in the Philip
pine case Tomorrow, and the cases then
will be submitted.