The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-11

held. wherever situated. and as much as
can be added to them-these additions
have already been considerable, and vast
and varied accessions are still expected
Arizona has been acquired; fifty millions
were offered TO Mexico for her northern
half. to include Monterey and Saltillo; q
vast sum is now offered for Sonora and
Sinaloa, down to Guaymas; Tehuantepec,
Nicaragua. Panama, Darien, the Spanish
part Of Santo Domingo. Cuba, with ISL
ands on both sides of the tropical conti-
nent- Nor do We stop at the two Amer
icas, their coasts and islands. extensive
rs they are, but, circumyolving the ter
raqueous globe. we look wistfully at the
Sandwich Islands and on some gem in the
Polynesian group. and plunging to the
antlpodes, pounce down upon Formosa
in the China Sea. Such were the schemes
of the last Administration and must con-
tinue if its policy should continue. over
all these provinces. isthmuses. islands.
and ports, now free, our Constitution
must spread-if we acquire them and
the decision of the Supreme Court stands
overriding and overruling all anti-slav-
cry law in their respective limits, and
planting African slavery in its place he
yond the power of Congress or the peo-
pie there to prevent it."
His Statements Perverted.
Attorney General Griggs paid his re-
speets to certain assertions in the briefs
OF opposing counsel as to the attitude of
the Government toward the question at
issue, and the position of the Attorney
General, which he said wholly perverted
his statements and the contention of the
Government. The cases under considera-
tlon, he said, involve the constitutionality
"a ,-g,
Rlcan act, depending upon a single clause
of the Constitution. The right of free
government and the right of representa-
ton and taxation were not presented But
II counsel meant to assert that Congress
had not the right to pass laws without
| the consent of the inhabitants of a Ter
ritory, or even against their protests, or
| that in suppressing the risings of the peo
pie of the Philippines and of Porto Rico.
! Congress was acting as a despot, then the
ever present instance of the dealing of
I Congress with the District of Columbia
denied their assertions. And the city OF
| Washington. Xr. Griggs contended. had
as large a proportion of intelligent, happy
people as any municipality on earth.
The Government officers planted them
selves squarely upon the principle an
nounced by Mr.. Justice Bradley for the
Supreme Court in the Mormon Church
case.
In legislating for the Territories Con-
gress would doubtless be subject to those
fundamental limitations in favor of per-
sonal rights which are formulated in the
Constitution and its amendments. but
these limitations would rather exist by
inference and the general spirit of the
Constitution than by any express and di-
rect application of its provisions"
do counsel dispute that?" asked the
Attorney General. IF they do then they
can quarrel with me. If they do not, then
we are agreed"
Referring to Mr.. Justice Whites ques-
ton to Solicitor General Richards before
recess, the Attorney General said that
Congress had power to dispose of the ter
ritory Of Arizona or New Mexico. We're
the United States TO be so unfortunate as
to be overcome in war, that might be the
very thing essential to peace.
vital question was contained in the
cases-was the Government to be lame and
impotent, as it would be were the power
denied to govern territory according to
the circumstances Of the official case. In
this connection the Attorney General re-
ferred to the statement of Chief Justice
Marshall in the opinion upon the case Of
Lanborough VS.. Blake, that imposts, duties.
and excuses must be laid uniformly
throughout the territory of the whole
American Empire.
We'll" said Mr. Griggs. in a tone OF
regret, II not reproach. "he did use lam
guuge to that effect But 1t was not a
decision The question in the case was
whether Congress could lay a direct tax
upon the District of Columbia which had
no representation in Congress, and that
was what was decided. l verify believe II
the eminent chief justice had not used
that phrase. this contention would have
never been made"
In all of the laws it had passed re-
lating to the imposition of direct taxes.
Congress had never included the Terri
tories, said Mr.. Griggs. unless the word
Territory or an equivalent was used spe-
cifcally to denote its purpose to make
the taxes applicable to them. Under the
declaration of Justice Gray in the case of
Gibbons vs.. the District of Columbia. the
Attorney General said, Congress, unless
restrained by constitutional provisions.
had absolute unlimited, and arbitrary
power TO lay taxes for the people and
Government of Porto Rico. This led TO a
highly interesting colloquy regarding the
power of Congress and the possible con
sequences of its exercise. Mr.. Justice
Harlan asked If the Legislature of New
Mexico could pass a law imposing tax
upon one part of the people of the Ter
ritory and eXempting the other part.
TOO
May it please your honor" answered
the Attorney General, whenever we open
the door we see passages running OF in
all directions to obscurity. l do not care
to answer every possible hypothesis that
may arise under any particular part of
the argument, and" he added, neither
do l care to categorically enumerate all
the outrages that may be perpetrated un-
der q constitutional form of government"
Mr.. Justice Brown asked, referring 10
the word ''needful," limiting the rules
and regulations which Congress may pa
for the government of territory, II the
Attorney General thought it compor-ed
with the letter and spirit of the COnsti-
tuition TO have a system of customs laws
IN the outlying provinces different from
that in force in the United States?
Mr. Griggs-It may be. Your Honor, just
as il is desirable to have judges here
whose salaries may not be interfered with
| by Congress during their term of Office
Independent even of the control of the
President, and to have judges in the Ter
ritories whose salaries may be changed
| by Congress at will. and who hold their
positions at the will of the President.
Mr.. Justice White, supposfng a case
asked If territory were acquired having
a seaport on the Atlantic border, would
IT be constitutional to fix a different rate
of duties on imports received there from
those collected at other ports?
Mr.. Grlggs-That | should say was IN
abuse of power But | take il. Your
Houors do not sit here to correct abuses
Of power, but usurpations of power.
Mr. Justice Harlan asked II the Legis-
lature of Porto Rico could pass a law sus-
pending commerce between the United
| States and the island.
| Mr.. Grlggs-The Legislature conld only