The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-01-11

! rect methods. This right was absolute. but
not despOtic. and Mr.. Grtggs contehueo
that II included the constitutional right &c
lay duties on merchandise imported into
the United States from It's insular posses
siOns. He cOntended that such a proceed
ing does not violate the uniformity clause
and laid down the following proposition;
There IL no principal Of inherent justice
or personal rights at stake. II Is a pure
matter OF geographical equality. There
is no question OF arbitrary or dsspotic
! power. such as counsel have imagined
I'VE find power IN the Constitution" ne
added: not outside 1t. nor beyond It moi
contrary to IT."
TERRITORIES SUBJECT TO
CONGREss's ABSOLUTE CONTROL.
Defining his position more specifically
he said:
direct taxes must DO laid on all the
States alike: none may be exempted. They
may be. but they need not be laid on the
territorial possessions
In the same way We contend that IN
direct taxes must be uniformly imposed
throughout the States. which compose the
Union: that they may be extended. but
DO not need to be extended. to the terri
torial possessions.
"The laws. the administration and the
revenues Of the Territories are subject 10
the absolute control of Congress.
Congress may repeal the whole form OF
Government existing in a Territory: may
destroy the Legislature. vacate all the Of
fees and take over all the public funds. ao-
serb them into the common treasury. IL
may appropriate out of the Federal Treas
ury all the money necessary TO carry on q
territorial Government. emitting all local
taxation. We must not forget that terri
tory belonging TO the United States Is the
common property Of the United States and
ia to be administered at the common ex-
pense and for the common benefit of the
States united. who Jointly. as a governing
entity. OWE t."
Referring TO the acquisition Of Porto
Rico and he Philippines. Mr.. Griggs
said:
Tho inhabitants Of the Islands are not
Joint partners with the States In the trans
action.
The islands are territory belonging TO
the United States. not a part Of the United
States. The Islands were the things ac-
quired by the treaty: the United States are
the party who acquired them, and to whom
they belong. The owner and the thing
owned are not the same"
Upon the point that laws of Congress
do not extend in operation to territory. Mr..
Griggs said that many instances of legis-
lation show that Congress has always con-
sidered something more than the term
United States" TO be necessary when It
designed a statute to extend to territory.
INTERNAL REVENUE LAWS d
UNIVERSAL IN APPLICATION.
The Attorney General cited authority 10
show that internal revenue laws have not
been universal in application in the history
OF the country, and concluded that while
Congress has provided throughout the
United States and its territory for the
enumeration upon which direct taxes have
been apportioned. IL never seems to have
been supposed that such taxes must be
levied beyond the States or apportioned 10
the Territories, unless Congress saw Mt SO
TO provide"
Referring to the Presidents right OF ex-
ercIsing the legislative function, Mr.. Grigss
said:
when as Commander-in-Ch he exer-
cises government over conquered terrltory'
he has, by the undoubted law Of nations.
the right not only to govern. but TO make
laws for the territory so occupied. The
legislative functions thus exercised are not
a part OF the legislative power conferred
by the Constitution upon Congress. anu
have no relation to IL. They arc merely
Incidents under the public law OF belliser-
ent right, vested by the Constitution in the
President as Commander-in-Chief OF the
Army and Navy. Thew are not unconstt-
tutional. but are exercised by virtue Of the
Constitution. not by any express clause
which confers them, but are implied In the
functions and duties OF the COMMANDMENT
Chief"
CONDITION OF THEORETICAL
LAW AND PRACTICAL ANARCHY.
In closing, he aid:
There must be in the nature Of things
a time between the deed OF acquisition and
the assumption by the United States Of the
full Government Of acquired territory when
the relation between the Federal Govern
ment and the acquired territory will be
inchoato.
''There might be cases of the acquisition
Of territory which possesses no organized
form OF government whatsoever. not even
OF a local or municipal kind Whether
such territory should have any local gov
eminent would depend entirely upon the
will OF Congress: the contention OF the
appellants would create the absurd neces-
sity OF having acts of Congress as TO rev.
enue and other matters extended in theory
through tracts OF country in which they
were utterly incapable of enforcement. AL
the agencies OF government being absent
IT could never have beeen contended thai
such condition Of theoretical law and prao-
teal anarchy should arise"