The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-19
'ntH extended to it by subsequent legis-

lat.ve enactment
The conceded power to acquire territory
oy treaty or o. conquest he said, in
Guides the right to prescribe what terms
the United States will agree TO in fixing
the future status of its inhabitants and
he cted the native Indian tribes az cases
in point.
He asserted that "the treatymaking
power OF The Government has exercised
the right to deal with the status OF the
inha bitants OF ceded territory, in every
treaty Of cession from 1909 to 1898, and
that this practice is entirely at variance
with the doctrine that the Constitution
follows the flag.
Mr.. Gr,ggs laid it down as a fact that
administrative construction Congression-
al action. and judicial precedent, all affirm
that, under our revenue laws. every port
in a ceded country is to be regarded as a
foreign one until such laws are expressly
extended by Congress TO the new posses
sions.''
UNITED STATES DEFINED.
The Constitutional clause which pro-
yides that duties .mposts ana eXc.ses
shall be uniform throughout the United
States does not, he said, apply to nor
govern these cases, because the term
United States as there used means
only the territory comprised within the
several States OF the Union, and was in
tended only for their benefit and pro-
lection of outside territory belonglns to
the nation; III the latter sense duties on
imports from these islands are uniform
throughout the United States, because
they are uniformly imposed at every port
in the United States SO that there Is no
preference given TO the ports OF one
State over those of another. nor inequality
between the several States created.
l. He gave three definitions to the term
United States, as follows:
y. The corporate name Of the nation
of governmental entity; the same as was
provided in the Articles Of Confederation,
which declared the style of this Con-
federacy shall be the United States of
America
..2. The States united referring to the
| several States composing the Union In
this sense OF course it excludes terri
tories
"S The international sense. designating
the extent of our domain Is a sovereign
milton. In this sense it includes all terri
tory under our dominion wherein no
| other nation has sovereignty even such as
may be under our control by temporary
conquest, as Tampico, Mexico. during the
Mexican war F'leming VS.. Page) Wnlie
in a domestic sense it includes geosraphl-
caliy the States, of the Union and Sucn
territory as the trtSlQent ana oeiitbS
have by treaties expressly annexed TO and
| made part of the United States, and such
| as Congress and the President by act or
resolution have expressly annexed to and
made part OF the United States as the
Hawaiian Islands,
PEOPLE OF THE STATES.
| The Attorney General argued that all
| the authority of the United States is de-
| rived from the people of the States and
! not from those of the Immediate terri
| tories; that he people Of the territories
| cannot share or constitute that authority
| as they are deprived 81 the right to elect
| officials, etc.
| The doctrine OF the eX-proprio vigore ex-
! tension of the Constitution was never
| heard of. he said. until it was invented
| and advocated by Calhoun a means of
| fastening slavery upon California and
| New Mexico beyond the power Of Con-
gress to disturb or abolish it.
1T was in conflict with all previous
| views OF statesmen Of all parties and OPP
| posed to the compact in the ordinance OF
| 1881, as we'll as TO the Missouri compro-
mise act
The Dred Scott decision had become a
"hyc-wor,! and II Kissing.
| M Griggs submitted that the judgments
| ir the lower courts in both cases violate
| no constitutional or other right. and
| thereupon should therefore be affirmed.