The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-01-15
BY THE ATTORNEY GENERAL IN
THE PORTO RICO CASE
FUTURE COLONIAL TERRITORY
Nay Embrace Egypt, h Soudan, and
i'arts of Asia Hon. John G.. Carlisle
Argues Against the Power CT the
President to Control Our Foreign
Possessfons-Question of the constf-
gress, Not Over the Porto Ricans.

Washington. January i1.-Attorney
General Griggs resumed his argument
before the United States supreme court
insisted that the application Of the IN
Eernal revenue laws to Porto Rico
would be unwise and in many places
Improbable. A rule Of uniformity in
internal taxes. he said, could be estab-
Hshed for application to contiguous
states. being governed by similar laws
and similar conditions, but diversity
was the necessary rule as to territories
because of diversity as to geography
and racial characteristics in the ter
ritories.
The attorney general reviewed the
history of the internal revenue legisla-
ton, showing that the first tax on dis
titled spirits was applicable only to
states and a subsequent act extended
provisions to the territories. Suisse
quent similar legislation refers to the
states and territories and the District
of Columbia.
As to the future he said We must
consider The possibility, not the proba-
bilfty. of the acquisition of Egypt, the
Soudan, Central Africa, China or a spot
in the Antarctic Circle n the classes
Of people who may at any future time
be entitled to citizenship. The powers
Of congress 20 legislate were amply suf-
ficient to permit the settlement of all
such contingencies.
Hon. John G.. Carlisle, chief attorney
for the plaintiff, followed. He said he
was arguing that peace obtained after
a.. s--s-~ ~ 4h@ A+n +hn hen
was then no war and that the president
could only create a de facto govern
| ment and have 1T governed. While the
constitution imposed the duty upon con-
| gress of regulating yet
since the signing of the protocol the
president has. he said, exercised the
powers of assessing duties and carry
ing out all the duties of congress. The
court a decided that a treaty be-
tween two power took effect from it's
date. whenever possession was given.
\ In this case he said the question is
not whether the constitution extends
| to the inhabitants of Porto Rico, but
| whether 1T extends over the congress,
the president and the abine When
a government takes from one man more
| than ut should it is taking his property
! without due process of law n giving
him no compensation for it.
There YOU be two constitutions, he
| said, in the Interpretation of counsel
l on the other side. one for states and de-
| filming the powers and caring for the
rights of citizens. and the other for the
territories, giving no rights, and there
were sitting courts outside the United
States in a territory, granting citizen
ship in the United States to a resident
upon five years habitation of a terrific
ry outside the United States.
Mr.. Carlisle undertook to show that
both direct and indirect taxes had been
laid upon states and territories alike
and tariff duties had been laid upon
imports into territories as well as
states. He said Porto Rico nno be
appeals to this body.
This is, therefore, not an import tax,
but an export tax upon goods sent out
of these states and there are TWO spe-
cific prohibitions against such export
duties. He oontended that the provis-
ions show that the tax is an export
tax and not an import tax and that il
is not a local tai, but a general one. If
it is true that there is this arbitrary
owe in the constitution we should be
delighted that it was not discovered
for more thar 100 years until we had
a great country made up of free state.
and filled with free people.
Senator Lindsay, of Kentucky, ar
gued for the plaintiff in the next of the
Porto Rican cases, that of Huns VS.
the New York and Porto Rico Steam
ship Company. He said that the belief
that the constitution was in force upon
the ratification of a treaty or as the
direct result of conquest was lot shar-
ed by Jefferson, Livingston or Monroe
and cited the provisions in variou:
treaties covering the subsequent RICH
to be conferred upon inhabitants
Neither treaties nor conquest max,
territory, but congress had to legislat.
to give such standing,
The congress of the United States, h.
said, which possesses all Legislative,
power, may extend the constitution t.
territory and may legislate for tina
territory.