The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-01-11

direct taxes must be uniformly imposed
throughout the states which compose
the Union; that they may be extended
TO the Territorial poswssions.
"The laws, the administration and the
revenues OF the Territories are subject to
the absolute control OF congress.
Congress may repeal the whole form
OF government existing in a Territory;
may destroy the legislature, vaoate I'll
the Offices and take over all the uubllc
funds and absorb them into the common
treasury. It may appropriate out oil the
Federal treasury all the money neces-
Rary to carry on d Territorial government,
emitting all local taxation. We must not
forget that territory belonging 70 the
United states Is the common property OF
the United States and is to be admin
istered at the common expense and for
the common benefit of the States united,
who jointly as governing entity own it,
Referring to the acquisition Of Porto
Rico and the Philippines Mr.. Griggs
said: The inhabitants of the Islands
are not joint partners with the states IN
the transaction
''The Islands are territory belonging
to the United States, not a part OF the
United States The islands we're things
acquired by the treaty. The United
States was the party who acquired them
and to whom they belong The owner
Upon the point that the laws OF con-
gress do not extend In operation to ter
ritory. Mr. Griggs said that many In
stances OF legislation show that congress
has always considered something more
than the term UNITED States" 10 be
necessary when Il designed "a statue to
extend to territory.
The attorney general cited authority to
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 Territories for
the enumeration upon which direct taxes
have been apportioned, It never seems
to have baen supposed that such taxes
must be levied beyond the States or APP
porttoned TO Territories, unless congress
saw fit TO so provide.
Referring to the presidents right OF
exercising the legislative function, Mr.
Griggs said: When, as commander in
chief, he exercises government over CON
quere1 territory, he has, by the undoubt-
ed law OF nations, 1.-The right not only to
govern, but to make laws for the terri
tory so occupied. The legislative func-
tions thus exercised are not part of the
Legislative power conferred by the constl-
tuition upon congress and have no rela-
lion to IT, They are merely incidents
under the public law OF belligerent right
dent as commander ln-chef OF the army
and navy. They are not uncons titutional,
but they 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 command
erin chief"
In closing he said: "There must be In
the nature of things 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 government and the
ai'1nifed territory shall inchoate
There might be cases of. the acqulsi-
flon Of territory which Possesses no or
ganized form of government whatever.
not even OF a local or a municipal kind,
Whether such territory should bave any
local government would depend entirely
upon the will Of congress, The conten-
ton of the appellants would create the
absurd necessity of having acts of con
gress as to revenue and other matters
extended in theory through tracts OF
country in which they were utterly in
capable OF Enforcement, all the agencies
OF government being absent. II could
never have been Gontended that such a
condition OF theoretical law and practical
anarchy should arise"
In the ccaTse of his address the after
ney general said. Barring the sipIa a
personal rights, there Is no differences
between the statutes of Porto Rico aud
Oklahoma New Mexico and Arizona.
Congress has the right to govern and tax
aIbt alternate any 81 It's territory, and
should this country be overcome by war
1t would be the wisest course and no one
could critcisa the n6ht of the United
States to withdraw It's sovereignty from
any rart Of its territory.
No, t.tss
De repealed by another act; that every
treaty may be repealed by another treaty
An aot which grants vested rights Gun
not he repealed by the simple passage o
another act. Mo one Will co tend that
congress may pass an act admitting 4
State and then may repeal that law ant
cast out that State,
How congress may deal with the Ter.
stltories is political question unler tn,
constitution. Under such widely varying
conditions as exist in this vast countr,
congress must have discretion to Great,
government which will meet the vary.
ing conditions. There is u vital questio
here IL we can not govern the people,
OF new Territories according to thei
customs, thon this country Will not talk,
my territory which 1t Is not capable o
governing, except under laws of th
Union as II now exists. The right l.
toyern Territories Is an inherent right
not an implied one. 1t IS In the consu
luton, So is the power of congress 1
lax with the three limitations VIII ch ar
provided. Congress may even choose tn
hrucles which may be taxed"
the attorney general argued that sine
the terms throughout the United states
were used both as providing for the elee
Won of presidential electors and for uni
lormity OF taxation, the same interprota
lion should be gwen TO the constitution
thus shaving congress intended tina
There should be uniformity between IN
Etates alone. While the attorney gener,
was discussing the rights Of congress
levy taxes, Justice Brewer interrupt
TO ask II In the opinion OF the nttorne
general il was the spirit In the lett,
of the constitution to have one tarl
In the States and another in the TER
toriesg Mr.. Griggs was emphatic IN h
belief that II wss,
Judge White stated n case viz: TT
setting aside of FREQ port on the a.
lantic segboard through which goot
might he distributed TO the states M
asked II that might be done The i
torney general SAID at such port In
Territory II might be an abuse OF poNe
Judge Harlan called attention to
point he had brought into ghe sole
tor generals eddress--the right TO Or
htbit trade between the Islands ana Il
States. The attorney general held tn
n was IN absolute power of congres
H. -.