The times., 1900-12-18

United states is OF lne latter INSCRIPTIONS.
The powers of the Legislature are defined
and limited and that these limits may
not be mistaken or forgotten the Con-
stitution is written
Spirit of the Constitution.
Attorney for appellant said:
I'VE are told now that the one and only
Government OF the United States is of the
latter description. only when it acts with
In certain geographical boundaries; and
that everywhere else the Constitution is
not a constitution, in the American sense
of the term, but a delegation of universal
power. 1t is not TOO much to say that such
a claim strikes at the very foundation of
our whole system of constitutional gov
ernment.
The we'll recognized intentions and
purposes of the makers of the Constitu
tion, its evident spirit. the plain meaning
of its words, the judicial Interpretation of
its provisions. all lead inevitably as We
think we have demonstrated, to these
clear results:
q. The people of the United States. in
and by the Constitution. organized and
erected one and the same government, of
defined and limited powers, for all people
who might inhabit within the domain of
the nation; exercising in the States, it is
true. part only of the ordinary functions
of government, but nowhere capable OF
exercising any powers except those dele
gated to IL. The whole purpose and the
ory of the Constitution is the establish
meat in permanent form. unalterable ex-
cept by the people themselves. of funda-
mental principles of government applica-
bic to all time and in every place.
''2. The Constitution limits the general
power of taxation delegated by it to Con-
gress by mandate that all duties. imposts,
and excuses shall be uniform throughout
the entire domain of the nation.
We believe that we have so succeed
ed in our endeavor to prove that neither
the Treaty of Paris, nor the act of Con-
gress under color of which the payment
was exacted which the appellant seeks to
recover, are capable of the construction
that they violated the constitutional pro-
visions which we have just attempted to
summarize: that the Tariff act as gen.
eral law Of the United States is also of
fun force and effect throughout the ma
tional domain; :hat it does not contem-
plate the imposition of any tax upon goods
transported from one place to another
within the limits of that domain. and
moreover, that it is plain and simple Ian
guage, not susceptible of the construction
that it provides for such tax.
For the reason then, that the exaction
of which the appellant claims was neither
warranted by the law. nor sanctioned by
the Constitution, it is submitted that the
decision of the court below should be re-
Yersed, and the cause remanded with the
appropriate directions"
The Philippine Case.
Argument will be made today by Law
renee Harmon. of Chicago. in the case of
Emil J. Pepke. who claims fourteen dia-
mond rings which were seized by the col
lector OF customs at Chicago
Pepke a natiye-born citizen Of the
United States. enlisted in a North Da-
kota regiment for service IN the Philip
pines. While on service. and at a period
subsequent to the ratification Of tee Treaty
% faris, he became possessed of the dia-
mond rings which are the subject of the
present controversy. Having been wound
ed he was sent home, and On September
%. 1899. he was honorao.y mustered out
at San Francisco. At thai time he had 4
- rings in his possession. From San /
neisco he proceeded to his home and I
later period appeared in Chicago,
aero a United States customs house Of I
;er took from him the fourteen diamond /
ngs. which he was presumably trying to 4
al, upon the ground that they had been I
irought into This country unlawfully.
The brief filed by counsel for appellant !
n this case follows the line of reasoning /
4ppiisd in the Goetze case. II is urged /
ha; as the Constitution follows the flag
ne Philippine Islands were part OF the
United States. as much 4 part as the State
u Illinois and that as it was unlawful |
for the United States Government TO levy
o duty On goods passing from one part Of
the country to another. the diamond rings
which Pepkc had brought with him from I
Manila were not subject to custom house .
duties. and that the proceedings of the I
Federal officials were IRREGULAR and Illegal |
The Adininistrati.u Brief.
Attorney General Griggs VIII follow Mr.. /
Harmon. Much attention is paid By Mr..
lriggs in his brief to the Louisiana Pur-
chase and questions erising therefrom-
Jefferson's doubts as to the constitution /
aHty of tie treaty and the debates in Con-
gress concerning the purchase. In the |
course of the debate Roger Griswold, OF |
Connecticut, argued that a new territory
anu new subjects may undoubtedly be OBJ
tanned by conquest and by purchase. but /
neither conquest nor purchase can in /
them into the Union; they must
remain IN tl=-. -.0H of colonies. And /
ll- cails1r-s y said: We can
bold tCrr-0ss OF admit the in
1s,an's ... as citizens
aouleT -ars tatement to Ed
faFe Il IH letter of Deem
ter lsa1 quoted 0 show that the
.f--a rezgr-l9 -. Ternment of ter
ritory y-icn b. -slt-5 was INTENDED to
el-.o ~ provinces aot represented in the
Government. From all these the Attorney
General concludes that nothing can be
clearer than that the universally accepted
view then was and always has been that
only they are citizens who are made such
by the voluntary action of the United
States, expressed either in the treaty of
by act of Congress, or by pro-
cess of naturalization"
The controversy between General Jack
son, as Governor of Florida, and Judge
Fromentin is related, and the Attorney |
General says:
"In this instance three American states .
men, James Monroe, John Quincy Adams, /
and Andrew Jackson, each of whom was /
elected President of the United States, |
united in declaring officially that the Con- |
did not apply Of its own force to !
territory newly acquired by this nation. by |
virtue OF the act Of acquisition. but that |
such extension must be accomplished by |
the action Of Congress-
"The history of the ordinance for the |
government of the Northwest Territory"
the Attorney General continues, "also
proves that the statesmen OF that period |
lid not accept the doctrine that the guar
antees enjoyed by the inhabitants of the
States were possessed by the inhabitants
1f the Northwest Territory. neither by
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