The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-19

not Apply W new pOSSeSSlOuS, anu lHdl
the Constitution does not extend of its
own force over acquired territory.
He laid down as established the two
following propositions
a. That the Tariff Act of 1897 was
intended by Congress to classify as for
eign all countries not part of or belong
ing to the United States at the time Of
it's passage, and the subsequent cesson
of the Spanish Islands to the United
States did not operate to admit imports
from those islands free OF duty, under
that law;
(2.) That the Tariff Act so construed
and enforced violates no constitutional
rule of uniformity.
The Attorney General declared that
there was no doubt that it was the in
tention of the Paris treaty not to make
the ceded islands part of the United
States and also that it was intended not
to make the inhabitants Of those islands
citizens. The only thing that could justify
the declaration that the treaty Is invalid
would be that 1t violates the Constitution
of the United Staes
He said hat the. practical construc-
tion put upon the Constitution by the
Executive and Congressional branches of
the Government for a hundred years has,
with one partial exception been uniform
in regarding acquired territory as neither
bound nor privileged by that instrument
until brought within its operation, either
by express compact in the treaty or by
act of Congress; and that acts of Con-
gress do not apply TO after acquired terri
tory until extended to it by subsequent
legislative enactment.
THE conceded power TO acquire terri
tory by treaty or by conquest" he said
includes the right to prescribe what
terms the United States will agree to in
fixing the future status of it's inhabi-
tants." And he cited the native Indian
tribes as cases in point. He asserted
that " the treaty making power of the
Government has exercised the right tc
deal with the status of the inhabitants OF
the ceded territory in every treaty OF
cession from 1903 to 1898 and that this
practice is entirely at variance with the
doctrine that the Constitution follows
I the flag.
Mr. Griggs laid 1t down as fact that
administrative construction, Congress
sional action and judicial precedent all
affirm that under our revenue laws every
port in a ceded country is to be regarded
dS IL lOTGIBH OUC uuLI buCll ldWo arc tN-
pressly extended by Congress to the new
possessions"
The Constitutional clause which pro-
vides that duties imposts and excuses
shall be uniform throughout the United
| States" does not he said. apply to gov
ern these cases, because the term Uni
! ted States, as there used means only the
territory comprised within the severa
{ af nd yyuG nj nn \
for their beuefit and protection, and no
| for the benefit or protection of outside
territory belonging to the nation; in the
| latter sense duties on imports from these
islands are uniform throughout the United
States. because they are uniformly i'm
posed at every port in the United States
SO that there is no preference given tC
| the ports of one State over those of an
other, nor is any inequality between the
several States created.
He gave three definitions to the tern
! United States, as follows:
1.-THE corporate name of the natior
or Government entity, the same as wa'
provided in the articles of confederation
which declared 1.-The style Of this confed
eracy shall be the United States o
! America
several States composing the Union.
In this sense, of course, it exclude!
territories.
"3-The international sense, designat.
ing the extent of our domain as a sover.
eign nation
I'm this sense it includes all territor5
under our dominion wherein no other ma
tion has sovereignty even such as may
ba ht~ apf
/ as Tampico, Mexico, during the Mexican
War (Fleming V, page 81, while in &
domestic sense it includes geographically
the States Of the Union and such terri
tory as the President and Senate have by
| treaties expressly annexed TO and made
| part of the United States, and such al
! Congress and the President, by act ol
resolution have expressly annexed to anC
made part Of the United States, as thu
Hawaiian Islands"
The Attorney General argued that al
the authority of the United States is de
rived from the people OF the United States
and not from those of the immediate ter.
ritories; that the people of the territorie.
cannot share or constitute that authorit,
as they are deprived Of the right to cleo
officials etc
THE doctrine of the eX-proprio yigor,
extension of the Constitution was neve
heard of. he said, until it was invented
and advocated by Calhoun as means o
fastening slavery upon California ant
New Mexico beyond the power Of Congress
to disturb or abolish it.
1t was in conflict with all previou
views OF statesmen of all parties and op
posed to the compact in the ordinanc
of 1887 as well as to the Missouri Com
promise Act
The Drcd Scott decision had become -
! byword and Kissing"
Mr.. Griggs submitted that the judg
ments in the lower courts in both case
violate no constitutional or other righ
and should therefore be affirmed