The times. [volume] (Washington [D.C.]) 1897-1901, 1900-12-16
The Flag and the Constitution

ground for a Congressional Library or
Patent Office
The Flag and the Constitution.
The Hon. Benjamin Harrison may be ;
lated TO make an enemy OF everybody he
| meets--a feat he came near accomplishing
| while President; but that does not change
the fact that he is one of the ablest con-
stitutional lawyers in the country, a man
of honest thought, patriotism according to
He is listened to and respected while IL
may be truthfully said that he is not gen.
orally liked by the American people. In
this respect he is antipodal to Mr.. Nc
Kinley, who, personally. is almost uni
versally liked. but no longer enjoys the
general confidence that he did in early
Spanish war times. Intellectually. Mr.. Har-
rison is an acknowledged leader. His
mind ana heart ring true 10 the chord OF
American patriotism.
This was demonstrated very notably In
an address which Mr. Harrison delivered
before the student body of Michigan Uni
versfy, on Friday. His theme was. 1.-THE
Status OF Annexed Territory and Its
Civilized Inhabitants" In treating 1t he
gave the reasons for his famous criticism
OF the violation Of the Constitution in
Porto Rico, when he said that 1t was "a
departure from right principles" To deny
taxes, imposts, and excuses to Porto Rico
and the Philippines, he said. that are uni
form elsewhere under our nag, is to deny
that Porto Rico and the other islands are
part of the United States. Dewey's guns
at Manila, according to some persons,
heraIded new mission for the United
States. For himself he said he thought it
better to let them herald the mission
sounded by the guns of Washington.
That the Philippines are portion of
the United States, even though their in
habitants were in rebellion against Spain
at the time of cession, is a proposition
which. Mr.. Harrison said, no interna-
tional tribunal would question. We have
Porto Rico and the great Eastern archi-
pelago on our hands. The matter of pos
session, ownership, and sovereignty is
settled. The fact that the Philippines are
not adapted to settlement by the white
race, and that their people are incapable
Of understanding or OF acquiring our
ideas of government and of civilization,
is something behind us. We are in the
saddle. and in some way, whether for
veal or woe, must ride.
1t is eminently satisfactory to read the
clear, cogent argument of this American
statesman that the Administration plea
that treaties are above the Constitution
is baseless. True. if the Constitution
does not apply, then indeed the Presi-
dent may erect Crown Colonies and gov
ern them as he likes. But either Con-
gress, the Executive, and the Judiciary
are all creatures of the Constitution. as
the governing agencies OF the United
States. and their powers are defined and
limited by the Constitution, or else the
Constitution applies alone to the organ
ICED States of the Union, and gives Con-
gress the right to acquire territory not
authorized by the Constitution, and puts
no restraint upon Congress beyond what
may be accepted voluntarily oy interest
or beneyolence.
Such view of the Constitution Mr..
Harrison characterized as shocking II
it were adopted as the policy of the coun-
try. he asserted that Congress could
make laws for Porto Rico that would
suspend the right OF habeas corpus, de-
clare the right Of attainder against any
one exposing the Spanish flag. declare
disrespect of Congress by Porto Rican
an act OF treason, make the Presbyterian
Church the established church, set I'D
4 censor and forbid public meetings, pro-
hibit the carrying of arms, put garrisons |
in private houses, confer the right to |
search without warrant, try for life with |
out Indictment and twice on the same |
jury, deny the right to demand trial by |
jury, and make the Federal taxes and |
Tariffs fifty per cent higher at San JUN |
han at Ponce. and fifteen per cent higher !
II Ponce than at New York"
Executive and Congressional powers |
md duties that are not in the Constitu-
ion are a menace said the ex-Presi-
ieHt IL is IL luo'heis ioi inc SONeTuOF
# Porto Rico to raise the flag and stand |
inder IL while he reads a proclamation
hat the island is outside the Constitu-
ion and under Congress" "A govern
nent of absolute power" he declared, 1s
terrible thing, and, under our Consti-
ution, an impossible thing"
Public confidence that the Supreme
ourt Of the United States will remove the
0ul blot OF the Porto Rican and Philip
inc tariff infamy from the statute books
I'LL be increased by the blighting logic of
ir. Harrison's address. We know that
here are many Republicans who think
hat the same influences which induced
Ir Mckinley 10 depart from his plain
uty'' last February will be potent in
werving the justices Of our tribunal of
,st resort from theirs. Vast interests.
trade monopolies and the ag-
regation Of multiplied millions in a few
ands. are deeply concerned in the forth
,ming decision. Were that possible there
hardly a length TO which certain of the
onster trusts would not go TO secure a !
.cisior which would place American Ter
tories outside the pale of the Constitu-
on. But the Supreme Bench IL not cor