Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-12-19
TO SETTLE STATUS.
Continued from page -

IIOlli pdSt ~
Continuing his argument, Mr.. Per
kins cited many other authorities sup
porting his view that the constitution
in itself extended to territories.
Mr.. Perkins also referred to some
other constitutional requirements such
as the right of habeas corpus. which
might have to be extended to all terri
tory alike. Justice Brown asked in
this connection if counsel thought we
could single out what provisions of the
constitution apply to new territory and
what do not.
Mr.. Perkins responded that it was for
the court to say thus far and no far
Their; that it was for Congress to act
always, however. within the limits de-
fined by the constitution. The power
to govern the people inhabiting the ter
ritOry of the nation, which is delegated
by the constitution to Congress, is
limited and defined by the constitution
and Congress cannot transcend the
limits imposed
When counsel referred at one point
to the need of applying general consti-
tutional principles to the new domain
cial or practical features Justice
Brown asked if the court could not con-
slider the practical effects of extending
to the Philippines the requirement for
trial by jury in every case. Mr.. Per-
kns said that if the constitution pro-
vided that trial by jury should not be
withheld he doubted whether the court
would consider the practical inconven-
lar localities.
Mr.. Harmon of counsel for appellant
in the Philippine case. followed Mr..
Perkins, speaking at times in impas-
stoned tones which rang through the
chamber. He spoke of the august
character of the court and the senti-
ment that on this holy ground" JUS
tice and right were certain to prevail.
The proposition now present, small in
itself, involved results affecting the en-
tire future of the government. Mr..
Harmon briefly recited the circum-
stances of the Philippine case.
The chief points urged were: BY the
treaty of peace between the United States
and Spain, the Philippines became part
the United States, the government and
the citizens of the United States both en-
ter said islands under tho authority of
rights defined and marked out; the for
mer conventions exercise no power over
the person or property Of a citizen of the
United States beyond what that inStrI-
ment cOnfers. nor lawfully deny any
right which ii has reserved.
Being part of the United States. the
Phlippin" Islands are subject to tn" pro-
visions Of Clause /, Section !, Article t.
and Of Clauses ) and +. Section Q, Article
! Of the. Constitution Of the United
States. The President OF the United
States has lpoiSla alive. bower
Mr.. Harmon elaborated these main
points. citing and discussing many de
of his argument Mr.. Harmon conceded
that Congress could govern the new ter
ritOricS in any way it saw fit. as long
the form of government came within
the constitutions; it might be by a gov
crnor or governor general, or ~ com
mission, 50 long as the form was not re
pugnant to tn" constitution.
Attorney General Griggs began at 3-2l
the presentation OF the governments pc
Stion in the case.
Mr.. Grggs began III quiet ana CONVEX
sational style, seldom rcscrting to Ees-
turc or emphasis. He said that as coun-
sci had been wandering i'll the fields am!
plucking the flowers of cluquenCe, he
would first give plain statement Of the
issues involved.
Among those who came il to hear the
attorney general was Representative
Littletield of Maine, whose speech in the
Porto Rico debate WAS one If the most
notable expressions on the status Of the
new inSular possessions.
Justice Brewer inquired Of the attornes
general soon after he began if lie main
tanned that Arizona and New Mexico
came in the same category with the new
possessions in the limitations which
could be placed upon them. Mr.. Griggs
said he would later consider bow far the
territories in this country and those be-
yond the sea rested on the SAM basis;
AS the attorney general proct Cded h
warmed up to his subject, at times speak
ing with great emphasis and pounding
home blows
the table before him. Secretary Gage
came in during the latter part OF the day
Mr.. GriggS argument was not cOnclud
ed when at 40 the court adjourned until
tomorrow. He will conclude. tomorrow
Iir. AldriCh Will. tomorrow, clos, the de
bate for the plaintiffs.