New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-19


JEFFERSoN's VIEWS CITED.
Mr.. Griggs gave considerable attention to the
views OF Thomas jefferson on the power OF the
United States 10 acquire territory He quoted
the letter of Mr. Jefferson 10 Senator Breckin-
ridge in 1903 in which Mr.. Jefferson SAID;
The Constitution makes provision for hold
ing foreign territory.
Commenting on this expression. the Attorney
General said:
II this language stood by itself and were the
only ntteranee OF Jsnsrson On his aninion on the
constitutional question which mas pssn Soni
monty attributed 10 him. An examina.iioi, 49, no~
! ever of his writings and of his wnoie eoeIse
| OF action with reference TO the LOUISIANA Fu.
chase especially with reference 70 the con a.
| Jeefersan's douSt was not 18th reference to the
/ power Of the United States 10 acquire Ioreis a.
to and make il part OF the uniteo o'seeS
Various other quotations were made from JEFF
ferson's writings. and among others the Hollow
ing from letter TO Albert Gallatn:
There is no constitutional difficulty as to the
ACQUISITION of territory, and whether wnen &C
| quired II may be taken into the union ny tne
| Constitution as IL now stands win become
question OF expediency. think IL wiz be SAFER
not TO permit the enlargement OF the Union Out
/ by amendment of the Constitution
Liberal extracts also were made from the
proceedings Of Congress to show that the only
!
connection with the acquisition Of Louisiana
was the right % attach it and make IL part or
the United States Referring to the doubts OF
Jefferson, Madison and various others OF their
time as to the power to bring acquired territory
into the Union Mr.. Grggs said that power mac
now been affirmed by the Judiciary. ana ne
quoted numerous opinions in support OF the
statement
ONE RIGHT INCLUDES THE OTHER
He contended also that "the conceded power
to acquire territory by treaty or by conquest IN
cludes the right TO prescribe what terms the
United States will agree to in fixing the future
status of its inhabitants" and in support OF this
contention said. among other things;
The political status of native Indian tribes
within territory acquired by the United States
by treaty has been uniformly regarded as unI
I treaties with such tribes, and numerous acts Oh
legislation by Congress on the subject OF lnd-
ians and Indian rights show that these people
have always been regarded as quasl-rofelgh
He asserted that 1.-The treaty making power of
the Government has exercised the right TO deal
with the status Of the inhabitants of coded ter
ritory in every treaty of cession from 1903 to
1898" The status fixed he said. has not been
uniform. but exceedingly varying.
THE Elk PROPRIO vIGoRE DOCTRINE.
He then proceeded to argue that this practice
is entirely at variance with the doctrine that
1.-The Constitution follows the flag" and that
when territory is coded to the United States the
inhabitants become Immediately ex proprio
yigore citizens of the United States. IF that
doctrine be true" he said, every treaty that
has brought us new lands and new inhabitants
has violated in this respect the principles or
the Constitution 1t convicts OF error ana
usurpation Thomas Jefferson, James Madison.
James Monroe James K. Polk, Franklin Pierce.
Andrew Johnson. their Cabinets and the Senates
that ratified their treaties" Arguing this point
he asked:
If Congress may properly define the classes Of
einigrant or aboriginal inhabitants who may be-
come citizens, and the proper period of proba-
ton ann the. terms and conditions OF admission,
why is it unreasonable or unjust to leave 10
their Judgment and discretion the time, the
terms and the conditions upon which the inhab-
itants OF lately foreign islands may be admitted
to the same high status?
Are the United States so bound and tied by
this Constitution Of ours that it can never az
quire an island of the sea, belt across the
isthr1us, a station for naval base, unless it be
at the cost of admitting those who may happen
TO inhabitant the soil at the time Of the pur-
chase to fun rights as citizens Of the Union. no
matter how incongruous or unfit they may be.
while the foreign born inhabitant the aborig-
nal red man must depend upon the grace of
Congress-, though he dwell half a century
among US?
| What reason can be suggested for denying to
this Nation such fun power and discretion as
are possessed by other nations in this respect?
Why should the trainers of the Constitution
have wished to put shackles on the National
limbs. or 20 strip the Nation OF powers neces-
sary to the preservation of its dignity and the
maintenance Of its material interests on an
equality with the nations of the earth? The
full exercise OF these ordinary powers tends to
/ the eXaltation Of the dignity, influence and well
fare II the Union. These powers are incon-
sistent with no principle of personal liberty.
Why seek needlessly to limit and restrain the
I National functions2 Why not rather with the
same largeness of view and purpose that char
! acterized such statesmen as jefferson and Mar
shall. seek by liberal Interpretation, to give
/ bread and ample scope to the spirit of National
development. looking forward. as Marshall ex-
! grander and more potential opportunities for
National growth and influence should have come
! to us than our fathers ever dreamed Of?
CEDED PORTS FOREIGN TERRITORY.
| Mr.. Griggs laid it down as fact that lad
ministrative construction, Congressional action
and judicial precedent all affirm that under our
revenue laws every port in ceded country is
| TO be regarded a foreign one until such
| laws are expressly extended by Congress to the
new possessions" and he gave very complete
citations Of proceedings under these heads in
| support of his contention.
He quoted the clause in the XIIIth Amend
ment, saying that slavery shall not exist in the
United States ''or any place subject to their
jurisdiction" and, commenting on it, said:
The clear significance Of this language is tbs.
there may be territory pertaining To ana 1,bdar
the jurisdiction OF the United States which is
not a part of the United States and TO which
the Constitution Of the United States does not
apply unless il be expressly made 70 apply
thereto as in the case of slavery.
Mr.. Griggs then went at length into the claim
that the clause of the Constitution. which nro-
vides that duties imposts and excuses ssan he
uniform throughout the United States" nro-
hibits imposition of duties in the cases before