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THE SCRANTON TRIBUNE-WEDNESDAY, DECEMBER 19, 1900.
CASEY BROTHERS
. i
Importers, Rectifiers and Wholesale Liquor Dealers.
WE DESIRE to wish our many friends a Merry Christmas and a Happy New Year. We also wish to let you know that we are in a far better
position now than ever to cater to your Holiday wants, whether it be of Foreign or Domestic production, we have it here, and consistent with
first-class goods, at prices that are equally as low as any house in this or any other State, It requires four floors and two basements to carry our im
mense stock. We have the largest and greatest assortment of Wines and Liquors in Northeastern Pennsylvania, and our reputation for carrying only
matured goods of guaranteed quality is so well known that a mere mention of the fact ought to be sufficient. Our stock of Port, Sherry, Madeira,
and Catawba Wines is another feature of our line. We buy only the choicest goods and can fully guarantee their purity.
Whiskies
We have a large assortment of the following
Cased Goods :
Belle of Scranton Canadian Club
Pepper, James E. Mt. Vernon
Kentucky Belle Wilson
Sam Thompson Guggenhcinicr's
Monogram Meadville
Hollywood Hunter
Old Crow
Hickory
Scotch and Irish Whiskies
All the Popular Brands. We are Headquarters for
this line of goods.
Italian Vermouth French Cognac
Holland Gin and German Bitters
Jamacia Bum, St. Croix Bum, New England Bum
Have You Tried
Our Justly Celebrated
GREEN
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vinced of its merits.
I
mDorted
Champagne
Mumm's Extra Dry, Piper Heidsick, Charles Heidsick,
Giesler & Co.
DOMESTIC CHAMPAGNE Gold Seal, Great Western,
Great Eastern White Top and Werner's.
IMPORTED ALES McMull en's White Label, Dog's
Head, Burke's.
DOMESTIC ALES-Evans', Hudson, N. Y.; Smith's,
Philadelphia; Continental, Philadelphia.
' STOUT Guiness' XXX, Smith's and Continental
Brewing Co.'s Porters.
Cantrell & Cochrane's Ginger Ale (Belfast), Bergner &
Engle's Export Tannhauser Beer. Cordials, Imported and
Domestic. Cocktails and Cherries. Rhine Wines, Clarets,
Ports and Sherries an unlimited Supply.
Appolinaris
Quarts and Pints
The Queen of Table haters
CASEY
THERS
'Phone 2162.
21S Lackawanna Avenue
PORTO RICO
PHILIPPINES CITIZENSHIP
IL'oncludcd trom Tjbc 1.
pine island are subject to the luoUsioiii of
clauc 1, portion 8, article 1 and the cl.ii.isra ."
nd 0, section fl, article 1 of Hie constitution ol
the I'nited States. And as there ia nothing dif
ferently ttlimUtcil in the licity with respect to
commerce it liccmne instantly hound and piiw
loKcd by the laws which tonero had passed to
taiso a revenue front duties on inipoita and ton
tupe. The president of the United States has no leitis
lutUe power. The imposition of customi duties
hetueen these Islands and other parU of the ITnl
tod States after the treaty of pcate and cx
i lunge of ratifications by executite order is with
out, lawful authority anil the beizure of the prop
el ty of the pljintift in error, a citizen of the
I'nited States under Midi pretended authority,
inii'-titute a taking of his pioperty without due
pucca of law.
Mr. Harmon elaborated these main
points, citing: nnd discussing many de
cisions In support of them. In the
course of his argument Mr. Harmon
conceded that congress could govern
the new territories In any way It saw
lit, so long us the form of government
came within the constitution; It might
be governed hy a governor general
or by a commission, so long us the
form was not repugnant to the con
stitution. He referred to the advance
of the American military commander
In Porto Itlco, the welcome given him
hb their deliverer from bondage and the
promise made to thein of protection
nnd equality under the American ting.
Attorney General Griggs' Argument.
Attorney General Griggs then began
the presentation of tint government's
position In the cases.
Sir. Griggs began In u quiet, conver
sational style, seldom resorting to ges
ture or emphasis, Ho said that us
counsel had been "wandering In the
fields and plucking the flowers of elo
quence," ho would first give a pluin
statement of the Issues Involved.
Mr, Griggs' Plea.
.Mr. Griggs' plea wus based upn it
brief of two hundred pages, the greater
part of which Is devoted to presenting
the argument of the United States,
while tho remaining portion Is in the
shape of an appendix giving tho text
of tho peace treaty between the United
.States and Spain and also the text of
other treaties supposed to bear upon
the question.
In presenting the government's side
of the controversy the attorney general
first stated the two eases upon which
the proceeding Is based. This was fol
lowed by u general explanation and
summing up of the government's poal
tlon, after which canto the citation of
Innumerable authorities, under appro
priate headings, with pertinent running
comment upon them. The attorney
general contended that tho United
States lias tho power to acquire terri
tory; that having acquired It, it has
the right to govern It; that administra
tive construction, congressional action
and Judicial precedent affirm that every
port In a ceded country Is properly re
garded lis foreign until laws are ex
tended by congress to the' new yos
sesslons; that the clause of the Con
stitution of the United States declaring
duties uniform throughout the United
States Is not applicable to new
possessions and that tho Constitution
does not extend of its own force over
acquired territory.
In his general contention on behalf
of the United States Mr. Griggs ar
gued that his opponents were wrong
from both a legal and a constitutional
point of view. Referring to the legal
aspect of the case, he asserted that
the Dlngley act applied to merchan
dise imported from Porto Jtlco and
tho Philippines after their cession to
the United States the s.amo as It did
before, nnd that there Is no principle
of justice, much less of constitutional
restriction, which forbids congress
from taxing in this way the mer
chandise of outlying possessions of the
United States when brought Into tho
ports of the Union.
He laid down as established the two
following propositions: First That
the tariff net of 1SU7 was Intended by
congress to classify as foreign alt
countries not a pari of or belonging
to the United States at the time of
its passage and tho subsequent ces
sion of the Spanish islands to the
United States did not operate to ad
mit Imports from those islands free
of duty, under that law. Second
That the tariff act so construed and
enforced violates no constitutional
rule of uniformity.
Tho Constitutional Question.
Taking up tho constitutional ques
tion, the attorney general declared
that there was no doubt that it was
the intention of the Paris treaty not
to make the ceded Islands it part of
the United States and also that It was
Intended not to make tho inhabitants
uf these- Islands citizens. The only
thing that could justify tt declaration
that tho treaty Is Invalid would be
that It violates tho Constitution of the
United States.
Calling nttentlon to the fact that
those who attack tho treaty rest thlr
case upon no specific provision of tho
Constitution but rather upon a prin
ciple of our government which, they
hay, fotblds this nation to hold sov
ereignity over .subject territory, which
It does not make a part of Itself under
the Constitution, .Mr. Griggs said;
If lhl were true, it would ! a liitilutiuii
iip.ni the usual and ncio.s.iry powers of u suwr
cltsti Independent nation of null Iitiiiiii Iuuh fm
poitnnce as to Justify us lliiiiliilig nlij if V'.rt
rot ileaily expiessed in the fuiidatmnl il law iiy
the mui who drafteil our Constitution. Tin y
were learned in tin' law of nations, they l.ncw
the nature of colonies and piolncea and how'
they were .itipilred by tieaty and uniquest mid
dlsunery, and how they weie held and is.v
unci! by otlifi nations. They irivo to the nation
they founded the usual uutiaiumcled powc-is of
nulling war and ti cities, the most frcipii'iit
method! by uhidi foreign territory U acquired
by the nations of the earth. If they intended to
restrict or limit tlier onn government in Hu
rcdptcU, would they not lue done en In pxiivm
teiius? They did not do m by any language
which tan ccn bo nuggented ,u capable of udi
import, ami it is thciifuie light, nay, ueie.suiy,
to conclude that they did not intend tu do an
Intent of the Fathers.
He then proceeded to argue thai this
was not only tho 'Intention of tho train
ers ot tho constitution but declared
that it could bo positively shown that
so far from their Intending to organize
a government which should bo Inca
pable of acquiring foreign territory ex
cept upon condition of making it an
organic part ot the United States, tho
early statesmen of the republic were
under the Impression that no territory
rould bo annexed to and become a part
of the United States without amending
the constitution. He said;
I khall how that the practical construction
put upon the Constitution by tho executim and
cungiciuloiul bunches of the gouinuicnt Or it
hmilitil jiir lia, Willi one pailial cxeepli'Ui.
been iiidfoiiu in rogauling acinilinl tenilon :n
neither bound nor pihilcgcri by tint iii.timnciit
until brought within Its opu.ition, cither by ex
press ( ump.it. t in the tuaty oi by .nt of urn
gloss and that act of cone;ie.s do not apple to
aftei -acquired territuiy until oti tided to it by
subsequent legislative enactment.
Continuing, he said It was not con
tended that congress had absolute
power over the lives and property of
citizens; "there is here," he went on,
"no proposition to confiscate or de
stroy the possesslble quality of the
plaintiff's merchandise. It Iw a mere
demand of a tight to tax it at th6 cus
tom house. Tho right to tax at our
own ports merchandise coming ftom
outlying territory of the United States
Is not a strange nor an unusual exer
cise of power. There Is nothing!" es
sentially unjust In such a practice. It
may be made unjust by tho severity
of the tax or the rigor of the pro
hibition, but so may any other "kind
of custom house Imposition. Such a
practice lias long been followed by
every civilized power. England today
levies duties on the merchandise of
all her colonies when brought into the
United Kingdom. She did tho same In
antp-revolutiomtry days, nnd wo will
not llnd among the complaints of tho
American colonists any protest on this
svore." v.
The Right to Prescribe Terms.
Mr. Griggs then entered upon the
presentation of his subject In detail.
He contended that the right of the
United States to acquire territory had
been asserted In the Declaration of In
dependence, and said that such ac
quisition could be made either by con
quest, by treaty, by annexation or by
discovery, Ho quoted n number of
Supremo court decisions In support of
this contention.
A great deal of nttentlon was given
to tho right to govern territory when
once acquired, and Innumerable au
thotitles wera adduced In support of
tills position, among others thodeclslon
of the Supreme court In tho Mormon
church cnt.e. In which the court bald
"that It would be absurd to hold tint
the United States has power to ac
iiulro territory nnd no power to gov
ern It when acquired," In this cass
tho court said further on that' tho
United States having acquired the
territory of Louisiana and tho terri
tories west of the Ttocky mountains,
"tho United States government was
the only one which could Imposo laws
upon them and Its sovereignty ovor
them was complete,"
It) the courso of his argument In this
connection, Mr. arlggs assorted that
"International law declares that tho
new sovereign may deal with tho In
habitants of acqulied or ceded terri
tory and givo them such laws as It
seeH fit,"
Views of Jefferson,
Mr, Griggs gave considerable atten
tion to the views of Thomns Jelfer
son on tho power of tho United States
to nequlro territory. Ho quoted tho
letter of Mr, Jefferson to Senator
llreckenrldge In 1S03, In which Mr, Jef
ferson said; "Tho Constitution makes
no provision for holding foreign terri
tory." Commenting upon this expres
sion the attorney genernl Hold;
If this language blood by lUclf and were tlm
only utterance of Jclfeiton on the subject, it
wculd justify that belief us to liU opinion on the
constitutional question which lias teen commonly
attributed to film. An examination, however,
ot his writing and of Ida whole coure of action
with returnee to the Louisiana purchase, cape
clelly with reference to the constitutional ques
tion. uou (ondustudy that Mr, Ji'tler&on a
iliirbl was not with itfetrnce to the power of tin
United States TO ACfJl'lUll I'OHKKiV TKKHI
TOUV. but ratlin as to the liht 1(1 AN'XNX IT
AND TO JIAKi: IT A I'AHT Ol' Till; I'XiTKD
tati:s.
Various other quotations wete made
from Jelfersim'x writings among others
the following from a letter to Albert
Gallatin:
T!li:iti: Is. NO 1 XtO.NSTHTTHfVAl. mm-
ci'irv ai 'id Tin: At t.u imtion or Tinuti
toiiy ami wnr.Tiii:i wiii:.v Actji'iitni) ir
jiav hi: t.ki:.v into tiji: union nv iiii:
CONSTITUTION AS IT NOW STANDS will In
rome u question of expedient jf I think it will
lie cater not to pcnnit Till: i:.M,Alt(li:.Mi:.NT OF
Till! UNION but by amendment of Constitution.
Liberal extracts also were made from
the annuals of congress to show that
the only doubt In the minds of mem
bers of congress In conectlon with tho
acquisition of Louisiana was the right
to attach it and make It a part of the
United States. Referring to tho doubts
of Jefferson, Madison and various
others of their time as to tho power
to bring acquired territory into the
Union, Mr. Griggs said that power had
now been alllrmed by the judicial y,
and he quoted numerous opinions In
support of the statement.
Right to Acquire Territory.
Ho contended also that "the conceded
power to acquire territory by treaty or
by conquest, Includes the right to pte
scrlbe what terms the United States
will agree to In fixing the future status
of Its Inhabitants," and In support of
this contention said, among other
things;
The political slums of native hull in till'es
within tcrrlloiy acqulied by the Unltul States
by tieaty has been uniformly rcgariU'il .u unaf
fected f the (t'snluii. A long lino of special
treaties with sudi tribes, and numerous aits uf
legislation by congress on the Mibjict of Indl.n
and Indian rights, show that theso people ban1
alnavs bem regarded .is quasi-foreign, lie un
serted thafthe "ticaty-maklng power of the giv
eminent has cxeiclscd the right to deal with the
Mains of the inhabitants of ceded territory in
every treaty uf cession fiom 1MM to lS'JS,"
Tho .status fixed, ho said, has not
been uniform, but cxcedlngly varying.
Ho then proceeded to argue that this
practice Is entirely at variance with the
tloutrlno that "tho constitution follows
tho Hag and that when territory Is
ceded to tho United Staes the Inhabit
ants become Immediately propria vlgoro
citizens of tho United Stntcs, "If that
doetrlno be true," he said, "every
treaty that has brought us new lands
and new Inhabitants has violated In
this respect the principles of tho con
stitution. It convicts of error nnd
usurpation, ThomaH Jefferson, James
Madison, James Monroe, James K.
Polk, Franklin Pierce, Andrew John
son, their cabinets and the senates that
latlfled their treaties."
Liberal Interpretation Necessary,
Arguing this point ho asked:
If congress may properly define the cl.is-.es of
emigrant or aboriginal Inhabitants who may be
come citizens, uud tin) proper period of proba
tion anil the terms and conditions of admission,
why is it unreasonable or unjust to leave to
their judgment ami discretion the time, the
terms and the conditions upon which the Inhabi
tants of the litely acquired foreign islands may
bo admitted to the same high statin?
Are the United btatea an bound and tied by litis
Constitution of ours that it can never acquire
an island of the sea, a belt across tho isthmus,
a station for a naval base, unless It bo at the
cost uf admitting those who may happen to in
habit tho soil ut the time of the purchase to full
rights as citizens ot the Union, no matter how in.
congruous or unlit they may be while the foreign
born Inhabitant or the aboriginal red man must
depend upon the grace of congress, though he
dwell half a century among us?
What reason can be suggested for denting to
this nation such full power and discretion as are
puswfd by olliei nations in (his respect? by
should the fi.imcn of the Constitution have
wished to put slitcklc"! on the national limbs or
to ship the nation of powcis neecssuiy to the
picsen.itlon of its dignity and the niaintenanie
of its material interests on in equality with the
nations of the colli. The full evoicl-ie of these
ordinary powers tends to the c-talt.itlon of the
dignity, influence and welfare of the Union.
These poweis are inconsistent with no principle
of peison.il liberty. Why seek to needl"soly limit
and icstrain the national functions? Why not
rather, with the same laigeness of view and pur
pose that char.ictcil7cd such statesmen ns .leffer
sou and Marshall, seek, by liberal Interpietation,
to give broad anil ample scope In the fplill of
national development, looking forwanl, .is Mar
shall expressed It, "to the agis to come" when
new work, giamhriind moie potential opportuni
ties for national giovvth and influence should i.uce
come to us than our fathers ever dieained of
Ports Regarded as Foreign.
Mr. Griggs laid down as a fact that
"administrative construction, congres
sional action and judicial -sfreccdent.
all affirm that under our revenue
lawa every port In a ceded country Ir.
to be 'regarded as a foreign one until
such laws are expressly extended by
congress to tho new possessions," and
he gave very complete citations of
proceedings under theso heads In sup
port of his contention. In this con
nection he quoted the clause 1n the
thirteenth amendment saying that
slavery shall not exist In the United
States, "or any place subject to their
juilstllctlon," nnd commenting upon it,
said: "The clear significance of this
language Is that there ,may be terri
tory pertaining to and under tho jur
isdiction of tho United States which
Is not u part of the United States ami
to which tho constitution of the Uni
ted Sates does not apply unless it be
expressly made to apply thereto, as In
tho case of tho slavery."
Mr. Griggs then went at length Into
the claim that tho constitutional clause
which provides that "duties, Imposts
and excises shall bo uniform through
out tho United States" prohibits Im
position of duties In the cases before
tho court.
Tho last featuio of the urgument was
a, contention that tho constitution does
not extend of Its own force ovor ac
quired territory, and In this connection
tho attorney general sought to refuto
tho doctrines as laid down by Chief
Justice Tnney In the Pretl Scott case,
that tho United States could not ac
quire territory for any other purpose
than to convert It into states of tho
Union.
Among those who came In to hear
the attorney general was Representa
tive Llttlefleld, of Maine, whose speech
In the Porto Htco debate, was one of
the most notable expressions on the
status of the new Insular possessions.
Arizona and New Mexico,
Justice lirewer inquired of the tU
tornoy general soon after ho began If
ha maintained that Arizona nnd Now
Mexico came in tho same category with
tho new possessions In tho limitations
which could bo'placed upon them. Mr,
Griggs said ho would later consider
how far tho territories in this country
and those beyond the sea rested on the
same basis.
As the attorney general proceeded
ho warmed up to ills subject, at times
speaking with great emphasis uud
pounding home his points with re
sounding blows on tho table before
htm. Secretary Gage came In during
the latter part of the day,
Mr, Griggs' argument was not con
cluded 'when court adjourned until to
morrow. Mr. Griggs will conclude to
morrow and Mr. Aldrlch will close the
cases for tho plaintiffs.
W&mMnv fcTOS -AT-
JainlnBjMIISSbs
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Full Line of Dress Qloves
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On account of Holidays, Prices marked down be
low competition, Call and look
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Kramer Bros.
Popular Clothiers, Scranton, Pa
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