Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1900-12-20
can never acquire an island Of the


sea, belt across the Isthmus, a sta
ton for naval base, unless 1t be at
\ the cost of admitting those who may
| happen TO inhabit the soil at the time
! of the purchase to fun rights as citi-
Zens of the union. no matter how In
congruous er unfit they may be, while
(, tho foreigh-born inhahitant or the
] aboriginal red man must depend upon
z the grace of congress, though he dwell
half century among us?
other Nations Have the Powcr,.
"What reason can be suggested for
4 denying TO this nation such full power
and discretion as are possessed by
/ other nations in this respect? Why
! should the trainers of the constitution
have wished to put such shack!es on
! the national limbs. or to strip the na-
4 ton OF power necessary TO the preserNa-
ton of It's dignity and the maintenance
OF its material interests on an equality
I With the nations of the earth?
The full exercise of these ordinsr.
1 powers tends to the eXaitation of the
/ dignity, influence. and welfare of the
i nation. These powers are inconsistent
4 With no principe of personal liberty.
| Why seek to mcediess.y limit and re-
! strain The national functions? Why not
rather, with the same large,ncss of
! view and purpose that characterized
! shall, seek. by liberal interpretation, to
4 give broad and ampe scope 20 the
I spirit of national development looking
/ forward, as Marshall expressed 1T, to
ages yet to come. when newer,
grander and more potential opportuni-
I ties for national growth and influence
should have come to Us than our faith
ers ever drea med OFF,
Nj. Gliggs laid it down as fact
st.>3 ,tct,.a t1-c
congressional action and judicial prec-.
edent all affirm that under our reyc-
nue. laws every port i'm a coded coun-
/ try is to be regarded & & foreign port
until such laws are expressly extended
by congress TO the new possessions"
and he gave very complete citations of
proceedings under these heads in sup
pert OF his contention.
The Thirteenth imcndmcnt.
In this connection he quoted the
clause in the thirteenth amendment
saying that slavery shall not exist in
the United States ''or any place sub
ject to their jurisdiction,,' and com
menting upon 1t. said:
The clear significance of this Lam
guage is that there may be territory
pertaining to and under the jurisdic-
tion of the United States which is not
part of the United States and to
which the constitution of the United
States does not Apply unless it be ex-
press.y made to apply thereto, as in
the case of Slavery"
Mr.. GfiggS then went at length into
the claim that the constitutional clause
which provides that .'duties. imposts
! ard excuses shall he uniform through
out the United States.@ prohibits inn
position Of duties in the cases before
the court.
That clause" he said does not APP
ply 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 intended only for the benefit
ard protection, and not for the benefit
or protection of outside territory be-
longong to the nation in the latter
sense duties on imports from these ISL
ands were uniform throughout the.
United States because they are uni
for.nly imposed at every port i'm the
United States. SO that there is no pref
erence given to the ports of one state
OYER these of another, nor is any in
equality between the several states
cIcated."
Defines "United Statcs.''
He gave three definitions to the term
United States IS follows:
II. The corporate name of the ma
tlon or governmental entity, the same
as Was provided in the articles of con-
tcdration, which declared the stile of
this ccnfcdcracy shall be the United
states of America
The states Notwithstanding to
the seTeral states comprising the
union. In this sense of course If az
cludes territories.
j. The International sense, design
Ing Tho extent of our domain as a SOW
creign nation.
In this sense it includes all territory
| under our dominion wherein no other.
nation has sovereignty even such as
may Ee under our control by tempo-
rafS conquest as Tampico, Mexico,
u 4, tue Mexican war, (F.eming VS..
Page); white in a domestic sense # in
cludes geographically the states of tho
union and such territory as the presi
dent and senate have by treaties ex-
press!y annexed to and made part of
! INC united states. and such as com
gress and tie president. by act or reso
tuition, nave expressly annexed to and
made part of the United States, as the
! Hawaiian Islands,"
Ire attorney general argued for a
sharp deination between the rights of
/ Tie people of the states and thcse of
our Immediate territories. saying that
aii the authcf1ty of the United States
| is derived from the people of the state;
and not from those of the territories.
mat the people of the territories cam
not share or contribute to that author
NY as they are deprived of the right
,o EJECT ofil1ais. etc. The purpose of
INC constitutional provision for uni
i lornl1ty was that of insuring equally
fair treatment to all tic states by con
gress, and II was known to have been
| cIc OF the guarantees he'd out to tho
states to accept the constitution 1T
was rot personal. but local guar.
antS. operating not as a privilege tn
I INDIVIDUALS. but to states considered
rs organized constituents of the union
ilehse, re argued, reasons for apply
ing 1T to territories are wanting.
| Does Not Follow tl. Flag.
TIC lest feature OF the argument was
4 n Sottehllon that the constitution does
not extend OF its own force over ac-
4 quifed territory. and in this connection
the attorney general sought to refute
! the doctrine as laid down by Chief JUS
tioe fancy in the bred Scott case. that
me United States could not acquire
! territory for any other purpose than
| to convert Ii into states of the union.
! Ihe doctrine OF the eXproprio vi
1 gore extension of the constitution was
/ never heard Of he said until 1t was
~ SiteSu Gnu advocated Dy CaihOun as
a means of fastening slavery upon Cal
ilorria and New Mexico beyond the
4 power of congress to disturb or abolish
! it: 1t was in conflict With all previous
| views of statesmen of all parties and
opposed to the compact in the ordi-
I nance of 1881, as well as to the act of
congress known as the Missouri COM
| promise.
/ Tic doctrine announced in the bred
| Scott decision was said Mr.. Griggs. not
original with Chief Justice fancy. but