The sun., 1900-12-22

duties cannot bc imposed upon goods
transported from one part Of tho nation IN
another
Attorney General GnIoos contends that
the term United states as used In the im-
! posts section. means only the territory
! comprised within the several states OF the
| Union, and was intended only for their
| protection and not for the benefit OF out
side territory belonging To the nation. ana
that duties on these islands are UNIFORM
| throughout the United States because they
are uniformly imposed at every port IN
! the United States. In support OF this
view Mr.. GRroos cites the history OF this
! particular section as traced by tho Su-
preme Court In the recent case or kNo"L-
TON against MOORE. where the Court held
that the object Of the rule OF uniformity
was to prevent a possible discrimination
against one or more Of the several states
composing the United States. In that
case, decided on May "a last. Mr. Justice
/ WHITE in the opinion OF the Court, reviews
the origin and meaning Of the expression
uniform throughout the United States
and says: What the Constitution COM
mands is the imposition OF a tax oy the
rule Of geographical uniformity, not that
in order to levy such tax objects must
be selected which exist uniformly IN hs
sereral States"
Tho Knowlton case turned on the con-
struction OF the legacy or inheritance u1
imposed by the Revenue act OF 1893. and mao
nothing to do with duties on merchandise,
but. at the same time. the reasoning OF the
opinion. and its manifest direction. are
in favor OF the position Of the Attorney
General
The broader question as to whether
the Constitution extends OF It's own ioroe
over acquired territory was practicany
decided eleven years ago by the Supreme
Court in the case Of the Mormon Church
against the United States. where MIR. JUS
tice BRADLEY In rendering the opinion
Of the Court used this language:
"Th. mower OF Conrress over the Territories OF the
United States is general and plenary. arising from
and incidental 20 the right TO acquire the lerrofS
itself and from tho power given by the Cohs'u-
ton 20 make all needful rules and regulations fe
spec,inv the Territory or other property belonging
10 the United States. II would DO absurd 70 hoo
that the United States has power TO acquire Nff"ofS
and no power to govern 1t when acquired Inc power
to acquire territory other than the territory northwest
of the ohio River (Which belonged TO the tnted STATES
at the adoption Of the Constitution is derived nom
the treaty. making power and the power 10 declare
and carry on war. The incidents OF these powers
are those OF national sovereignty and belong TO all
indrpendent Governments The power 70 make
accusations Of territory by conquest by treaty and
BY cess!on is an inciden, Of national sovereignty
And the Court then cited with approval
the case OF the American Insurance Conf
pany against CANTER when Chief Justice
MARSHALL said
The Constitution eonfers absolutely on the Gov
eminent Of the Union the powers OF making war;
and Of making treaties consequently. that Govern
ment possesses the power Of acquiring territory ehha
by conquest of by treaty.
The usage Of the worlds III nation be not entirely
subdued TO consider the holding o! conquered terri
tory as military occupation. until Its fate shall
he determined at the treaty Of peace. II II be ctded
BY the treaty, the acquisition Is connrmed and the
ceded territory becomes part Of the nation to whidh
II Is annexed: either on the terms stipulated In the
treaty OF cesson. or on such as Its new master shall
impose."
The Attorney General says that the doc
trine OF the extension OF the Constitu.
ton OF It's own force was never heard OF
until IL was invented by CALHOUN As
n,oons q, fastening slavery upon Califor.
n;o and he quotes from the debate in the
Senate IN ,s1a on the resolution to extend
,ha CONSTITUTION to California. In that
saha,a DAVE, WvpsTER said:
,s,. ,.,.,,, .,,,. ,b.,. 4. no
.s ,hins =, extending N. Constitution. The
Constitution is extended over the United states and
over nothing else It cannot be extended over any
thing except over the old States ana 'he new '~es
that shall come IN ne'eA"''' ""'" '"'' w ''
IN, --,,,.,,,o ,., 4. "a, W. .,,.nd thu
o.,i,r,,on of IN, Tp,,.d states BY law to territory
whs, is III. Constitution of the United States Is
no, It's very FRS, principle that all within It's influence
and comprehension shall be represented IN he Less
h'ufe "n'ch S. -" .,. ~ ,o,s sov.s. ., Con.
t'ess' ou, $1,000 AVA c.n u. hv law ,..