The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-13
The Constitution and the Flag.

Much as it has been trampled on Of late,
the Constitution of the United States still
shows itself Iusty old document which it
will probably be found impossible to kill or
emascuIate. save b. charging and packing
the Sapreme Court against it, or amending
It This is made strongly and happily evil
dent in the trend of judicial as well as pub
lie opinion regarding the question: Does
the Constitution follow the flag?
On yesterday. while the Supreme Court
in Washington was refusing Attorney Gen
eral Griggs' motion to postpone the Porto
Rican Tariff case until next year. in New
York. Judge Brown. Of the Federal District
Court rendered a highly important decision
in another Porto Rican case involving the
same constitutional question. Suit was
brought against the owners of two vessels
plying between the ports Of New York and
san Juan de Porto Rico. By certain pilots
for pilotage services offered and refused; re-
fusaI being made on the ground that Amer
lean bottoms engaged in trade between
domestic ports were free from compulsory
resort to such se;vice. In handing down
his decision. Judge Brown said: 1T is evil
dent that Porto Rico. since the cession Of
the Island to the United States by Spain, is
not a foreign port as it is subject solely
to the sovereignty and dominion of this
country.
It will be observed that the New York
opinion is quite in line with that OF Judge
Lockren. of the Federal Court at st. Paul.
aad with the views of leading constftu-
;ionaI lawyers like ex-President Harrison
and the Hon. George F. Edmunds. Indeed
the question at large may be confidently
said to be not one at all as far as the
legal fraternity is concerned. It was yio-
Iently made a psuedo-political question
when the President and Congress violated
their plain duty in the premises. and
passed an unconstitutional act for the op-
preston of an American territory and for
the relief OF certain trusts and combina-
tons whose intention was to exploit and
loot it.
There IS every reason, therefore. for
predicting that when the Supreme Court
of the United States takes final and con-
elusive action. it viii declare. what all
disinteresfed jurists and leading lawyers
believe. that the sovereignty Of our eoun-
try and its ensign, being representative of
and owing their being and authority to
the Constitution cannot anywhere exist
except under its power and mandate.
It is pity that Administration weakness
under malign influences ever permitted
such question" to be raised. When MIR.
Mckinley announced Our plain duty in
his message of December, 1899, his
course had the endorsement of every
including this journal Numberless ear
nest Democrats we're then, and are
now. expansionists, under the Consti-
tuition, but anti-impeTialists, in the
sense that they regard executive govern
ment of subject colonies. assumed TO be not
under the protection of the Constitution, as
subveTsive Of American institutions and
absolute Imperialism The Constitution in
defining the powers and prerogatives of the
President. did not confer upon him kingly
powers, to be exercised independently Of it
or otherwise Executive assumption of
such powers, under the brazen pretenee
that the Constitution is not the foundation.
and the only foundation, of American SOW
eTeignty. is SO fragrant a violation and de-
hanCe Of our fundamental law that it can
only be characterized in terms which we
refrain from employing on this occasion
Let US keep Porto Rico and the Philip
pines by all means, and take in Cuba. too.
if that can be done honestly and fairly;
but let al our possessions be held and gov
erned lawfully, and accorded the sacred
rights with which every Territory is at
once and irrevocably endowed when it
comes under the sovereignty Of the United
States.