New-York tribune., 1901-01-11

f SrsveF S he Part Of 5ss Unsd t sSs Of
should come to pass that its continued possession
neither was consonant with the interests OF us IN
ssdI5ssn'S STATES. "'' Will Int "s'i3'' . '-
In response 10 the argument of the Solicitor-Gen-
eraI that the Porto Rican gave preference to
the ports OF one State over those Of another. JUS
tice Harlan put this question: Suppose all ports
were not treated alike? Suppose this act gave
preference TO the ports of one State over those OF
another. what clause of the Constitution would
forbid Congress from doing that?'
Ihe sonc!torGenera1Th clause haH have :, jTst Just
State a preference over those OF another by any
Justice Harlan-Do you call that regulation of
The Solicitor -GeneraI-I do. most emphatically.
THE GOVERNMENTS RESPONSIBILITIES
Solicitor General Richards in closing, said:
arc1ments' whereby counsel ignoring the plain
and simple provisions Of the Constitution, seek: oy
take away from the Presdenf and Congress the
power 70 govern newly acquired .eLriLotgt @ gtoS has
been exercised from the days Of the founders Of the
kepgoI9 T6s n 3g e tfe assumed among the
Powers CT the eartn the separate ana equdI oS
ened s4 MIin 1 f 4G cannot but reca the mPressiyye
language of the great Chief Justice MaTsha A. rtls
iTf in thS o. case sae Of Gib6ons vs. Ogden namely
Powerful and ingenious minds taxing as t tbe
Government of the Union are to be contracted oy
@ pat fbe ORIGINAL bowers Of the States are
tanned, if any possible c9nstrmc[Gn ated ed hut re-
fined and metaphysical reasoning, founded on tneSs
ccoGntrv and leave it, magnificent structure in
deed to look at. but totally unit Tor use ST.; dhey S
To- obscure principles which were before thought
quite plain, and induce doubts where, II me nlnu
%fTs cefTsd9 l." pursue us own '0' &C. ,lDl'
for thenl-respC nsble their people to ourselves
10 the world. We must provide them gosstnt-
+c5Nre her a
ed TO their needs? May we not in governing them
out the solemn qI dTer 5ns
The path of duty is plain May we not walk IN MT II!
caught in which we shall excite the pity Of our our
friends and the 6erision Of foes? refuse TO Pc DE,
leve so. The Constitution Is no mere declarauoh
Of denials. It created Nation to WHICH was in
Of fu$9 pf tq levy war conclude peace
contract alliances establish commerce. and 70 DO
aS all S5T Of rsSt When power it
care not to cripple action It stiH remains 5n rne
time by the brain and purpose of man under which
we are armed for every emergency and an!e 10
cope with every condition.
VITAL MATTER AT STAKE.
In closing his address the Acknowledgement said:
Barring the stipulations of treaty and the con
struction of personal rights there IS no I'LL
hon1a. New-Mexico and Arizona. Congress has the
risht 10 govern and tax and ALLEVIATE any ] OF I.s
by war it might be the wisest course and no one
could cricise the right OF the the gne@ fs ter
ritory.
It must not be taken that every act may be re, re-
pealed by another act; that every treaty may oe
repealed by another treaty An act which grants
vested rights cannot be repealed by me snplee e
passage OF another act. No one will contend that
Congress NAV pass an act admitting a State and
then may repeal that law and cast out the state
How Congress may deal with the Territories is
political question under the Constitution Under
such widely varying conditions as exist N ulls
vast country Congress must have discretion 10
create government which VIII meet the varying
conditions. =. .
There is a vital question here. IF we cannot
he NJ Territories according TO
their customs, then this country will not take any
territory which IS not capable Of government, eS-
cept under the laws Of the Union as 1t now exists
The right to govern Territories is an inherent
right not an implied 1t is in the Constitu-
ton. So is the power of Congress to tax with the
three limitations which provided Congress
NAV even choose the articles which may be taxed.
Porto Rico's tariff is OF the local kind, for all
revenues derived from imports are allowed TO be
taken by the people for the support Of the Govern
rnent. Never before there such hberality on
the part Of Government
Attorney-General Griggs had not concluded when
the Court adjourned. He viii continue tomorrow
and will be followed by eN-Secretary Carlisle, who
will make the final argument against the Govern
mcnt's contention.