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John H. Goetze, etc., appellant, v. The United States-Continued.
Brief for the United States-
Argument for the United States-
III. Administrative construction, etc.-
(1) Guano Islands (Rev. Stat., 1080)..
Any discoverer, citizen of United States, may take
possession unoccupied island, upon complying with
regulations; possession considered appertaining to
United States
Page.
189
Copy treaty of peace between United States and Mexico
transmitted to Congress July 6, 1848...........
President Polk and advisers considered military govern-
ment ceased when treaty of peace executed and ratified.
March 3, 1849, act making port of San Francisco a collec-
tion district..
September 9, 1850, act establishing Territorial government
for New Mexico.
September 9, 1850, act admitting State of California into
Union
Temporary government by military and other officers
designated by President continued until admission of
California into Union....
Status of government California during interval between
ratification peace treaty and extension revenue laws
to port of San Francisco considered in Cross v. Harrison.
Treaty with Mexico; discussed in Cross v. Harrison............
IV. Clause of Constitution declaring duties, etc., uniform through-
out "United States" not applicable to the new possessions.
"United States" means here the States united in the Union.
Duties on imports from these islands uniform throughout
United States because uniformly imposed at every port. No
preference to ports of one State over another, nor inequality
between several States created.
Provisions of the Constitution
Meanings of the term "United States"-corporate name of
nation; the States united; the international sense; the domes-
tic sense
The people the source of political power..
Hepburn v. Ellzey (2 Cranch, 445)
195
196
199
200
201
202
New Orleans . Winter (1 Wheaton, 90).
Hooe v. Jamieson (166 U. S., 395) ...
The reason for uniformity in duties and excises....
Imposition of duties on all importations from Porto Rico
equally applied at all ports of United States, whether
importer be citizen or alien
203
Knowlton v. Moore (178 U. S., 41) ........
March 11, 1783, vote taken in Congress as to taxes operat-
ing generally in United States
204
IV. The reason for uniformity in duties and excises-
James Madison introduced in Virginia house of delegates
(1784) instructing Virginia delegates to propose in Con-
gress recommendation prohibiting foreign vessels enter- .
ing any ports of United States, or to impose such duties
on such vessels and cargoes as judged necessary; all such
duties, etc., to be uniform throughout United States.
No State allowed to impose duty on any importations
from any other State, but to prohibit such importations
as at same time were prohibited from all other places..
August 25, 1787, considered in the Constitutional Con-
vention (178 U. S., 103-105)....
Luther Martin, attorney-general, Maryland, report to
legislature of proceedings in the Constitutional Conven-
tion
206
Loughborough v. Blake..
The Cherokee Tobacco Case (11 Wall., 616)..
207
210
V. The Constitution does not extend of its own force over acquired
territory
211
Doctrine of ex proprio vigore extension invented by Calhoun..
Benton's statement of its origin.
Taney's doctrine, territory can not be acquired only to convert
into States.....
This doctrine overruled and discredited....
212
Debate in Senate, February, 1849, on resolution to extend
Constitution to California.
VI. None of the decisions relative to the right of trial by jury in
the Territories establishes the contention that such right
VII. The spirit in which the Constitution should be interpreted..
The practical construction of the Constitution to determine
223
226
Treaty of peace between the United States and Spain......
Signed at Paris, December 10, 1898.
Ratification advised by Senate, February 6, 1899.
Ratified by President, February 6, 1899.
Ratified by Queen Regent of Spain, March 19, 1899.
Ratifications exchanged at Washington, April 11,1899.
Proclaimed, Washington, April 11, 1899.
Extracts from treaties.
Treaty with France, April 30, 1803, ceding Louisiana to
United States, contains an article declaring inhabitants
of ceded territory shall be incorporated in Union, and
soon as possible have all rights, etc., of citizens of the
Treaty with Spain, February 22, 1819, ceding Florida,
provides that inhabitants of territories ceded to United
States shall be admitted to all privileges, etc., soon as
consistent with principles of Federal Constitution.....
Treaty with Mexico, ceding New Mexico and California,
provided that Mexicans in the territory not preserving
character of citizens of Mexican Republic should be
admitted at proper time as citizens, etc ...
Treaty of Paris, by which Porto Rico and other islands ceded to United States, provided civil rights and polit- ical status of inhabitants to be determined by Congress; also to have free exercise of their religion.
Treaty with Russia, March 30, 1867, ceding Alaska to
United States, provided inhabitants might reserve nat-
ural allegiance and return to Russia within three years;
if they preferred to remain (with exception of uncivil-
ized tribes, who should be subject to such laws as United
States might adopt), to be admitted to citizenship.....
Copy record in Loughborough v. Blake
Brief on behalf of industrial interests in the States..
The uniform and other clauses
States and United States...
232
222 Ꭷ
233
239
240
244
John H. Goetze, etc., appellant, v. The United States—Continued.
Brief on behalf of industrial interests in the States-
Cooley's Constitutional Limitations..
Corporation of Latterday Saints v. United States (136 U.S.).....
264
263
Williams v. Suffolk County Insurance Co. (13 Pet., 415).
242
Woodruff v. Parham (8 Wall., 123)..
Argument of Hon. John W. Griggs, Attorney-General of the United States,
241
on behalf of the Government..
Fleming v. Page....
Knowlton v. Moore..
McCulloch v. Maryland..
Jefferson on the Confederacy..
Morris (Gouverneur) on Louisiana treaty
The United States, a sovereign nation, possessing same powers of
acquiring territory possessed by other nations, and may constitu-
tionally acquire territory by purchase, conquest, or discovery
284
275
276
277
280
282
283