New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-20
GRIGGS SPEAKS AGAIN
GOVERNMENTS CASE IN TEST
SUITS CLOSED.
THE ACKNOWLEDGEMENT WARMLY CON
GRATULATED on HIS BRILLIANT
PLEA-LAST ARGUMENT
TO-DAY.
TO-DAY.
IRY TELEGRAPH TO THE TRIBUNE. J


Washington. Dec. 19.-The Governments case
is closed in the first suits brought to test the
cOnstitutionality Of the Administrations colonial
policy. In a remarkable burst Of oratory At
torney-General Griggs spoke the last word IN
the Supreme Court this afternoon in defence OF
the Governments Interpretation Of it's powers
to deal with the islands acquired from Spain as
outlying territory belonging to the United
States" For nearly four hours the Attorney
General had held the attention OF the Court and
the crowded chamber. In all this time there
was no somnOlence on the bench or listlessness
in the audience. made UP in large part OF some
Of the most distinguished men in America His
reasoning was close, concise and comprehensive
When he finished speaking and Chief Justice
Fuller announced the adjournment OF the court
until tomorrow there was a rush OF lawyers
and laymen to grasp the hand OF the Attorney
General in congratulation what is declared
by capable judges to have been OF the
greatest pieces Of forensic oratory delivered IN
the National capital in recent times. Foremost
among those to congratulate Mr. Griggs was
Judge William r. Day. now on the Federal
bench in Ohio. who was Secretary of State IN
the critical stages of the war with SPAIN and
was chairman of the American Commission
which negotiated the Treaty Of Paris. over
which in reality this great legal battle is being
waged- Others who congratulated the Attorney
General were Senators spooner Fairbanks
Quarles and Culberson. John G. Carlisle who
viii combat the same issues with Mr. Griggs
next month and Messrs AIdrich Harmon
Brown and Perkins. who are pitted against him
in the present trial
Tomorrow at noon the last argument for the
appellants will be made by Mr. AIdrich. OF Chi
cago who was Solicitor-GeneraI OF the United
States in the Harrison Administration. and is
IIyr rIaHa
stitutional lawyers in the country. Less than
an hour and half of the five hours originally
allotted BY the Chief Justice to each side for the
presentation Of arguments remains to Mr.
Aldrich. but il is believed that the Court will
permit him to run half hour or so over this
Time TO enable him to make the thorough
presentation Of his side Of the contention that
has been expected Of him all along.
THE PEACE TREATY DEFENDED.
Attorney-General Griggs mainly devoted hts
argument to-day to the defence Of the Paris
Treaty. At least this inferentialIy was his ef-
fort Obviously he perceives that possibly the
Court may believe that the terms and directions
OF the treaty transcend the constitutional Hni-
tat1ons OF the Executive Department OF the
Government There is no controversy as to
whether or not the President has carried out the
stfpulations Of the treaty for in treating the
insular possessions outlying territory belong
ing to the United States the Executive has been
guided by that clause of the Paris document
which prescribes that the civil rights and Do
litical status Of the native inhabitants Of the
territories ceded to the United States shall be
determined by the Congress-"
Step by step Mr. Griggs reviewed the history
Of the country, and showed that in nearly every
case Of annexation the new territory was treated
for a greater or less time essentially in the
spirit that characterizes the Governments con-
duct toward Porto Rico and the Philippines He
quoted extensively from Thomas Jefferson's
correspondence bearing on the transaction by
which the vast louisiana territory was acquired
from France, and showed that Jefferson had de-
clared that at the proper time "the principles
Of our Constitution would be applied TO the
territory. This utterance, declared the At
torney-General. indisputably demonstrated the
fact that Jefferson. the first great expansion
ist.'' did not believe that the Constitution fol-
lows the flag ex proprio vigore" He also ad-
duced similar testimony from the official acts
and private correspondence of Jackson. Madi-
son. Monroe and Polk. all expansionists, and
all claimed by the advocates OF the ex proprio
vigore doctrine as belonging to their school
In the same line OF argument he called atten-
ton to the fact that while Rhode Island and
South Carolina at the formation OF the Union
held aIoof they were treated as foreign States.
and when they finally consented to enter the
Union Congress by specific enactment extended
to them all the rights. privileges and immuni-
ties OF full fellowship in the Republic. Another
ant illustration along the same line fur
nished by the case of Vermont. which. before
its admission as a State. had been part OF the
territory belonging TO the United States II
the revenue laws were applicable to the territory
OF Vermont ex proprio vigore. declared the At
torney-General. it was an act OF supererogation
10 extend them the State And yet this
done BY specific legislation.
VITAL ISSUES sQUARELY MET
II was by such examples as these that Attor-
ney-GeneraI Griggs met squarely the vital issues
AT stake in the contest. While in his argument
Yesterday he pointed a way for the Supreme
Court to get around deciding the real merits OF
the questions raised in the suits trial by
shunting the cases OF on technicaIitIes If 1t so
desired to-day he went boldly and courageously
an the meat Of the contention. and met the Oppo-
sition counsel at every point. He has shown
that the President has been acting in accord
with express stipulatiOns Of the Paris Treaty.
and the purpose OF his historical citation was to
prove that the treaty does not transcend the
Constitution or in any way contravene the prac-
tices OF the Government or the decisions OF the
Supreme Court.
FINALLY. as 10 the extension OF the laws TO the
Territories Mr.. Griggs said that Congress in
1874 had expressly extended the Constitution
and Federal laws TO the organized Territories
and to every Territory hereafter organized"
Esit the act went no further than organized
Territories" and could not be interpreted To
mean that expanaa OF country entirely unor-
ganized The GuanO Islands were cited in sup
mort of the proposition that territory may be-
long IN or be under the jurisdiction of the