The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1900-12-22

territory to be permanently governed
outside of the Constitution of the Unit
ed States, and he declared that it was
not the intention Of the Spanish Ameri-
can treaty signed at Paris to make the
islands aforesaid part of the United
States nor their Inhabitants citizens
thereof. He said that the fathers of
the republic had no doubts whatever
as to the power of Congress to gov
ern acquired territory on the basis of
colony or province, or as territory
outside the union"
The attorneys for Goethe contended
that no matter what Porto Rico nav
be called-colony, dependency or PROV
ince-it certainly was not a foreign
country, and therefore the question
submitted to the court was not wheth-
or the Constitution followed the flag,
but whether the constituted authorities
of the United States may exercise pow
'ers not delegated by the people, but
distinctly forbidden by them. They
ridiculed the idea that the people of
the United States had organized a
hybrid or mongrel government with
limited powers for one and unlimited
powers for another.
AS Il coordinate branch of the gov
ernment the United States judiciary is
independent of Congress and the exec
utive, and may be expected to render
a decision without fear or favor on the
merits Of the case, and in accordance
with the Constitution. We cannot be-
lieve that the supreme judges of the
land can be influenced by President
Mckinley as Congress has undoubted-
ly been within the past two years.
Their duties and powers are prescribed
in the Constitution, and we believe
they will exercise them fearlessly on
this occasion. Perhaps the judges may
honestly disagree as they did on the
constitutionality of the income tax dur
ing Cleveland's second term, but in
any event an impartial decision IS
anticipated by the entire country.
We are not ready to believe that
President Mckinley and his adherents
will bring any influence to bear on the
Supreme Court to obtain a decision
sanctioning the imperial policy now en-
forced in the Philippines and in Porto
Rico. Before entering on the execution
Of his Office President Mckinley took
the following oath: II do solemly
swear that will faithfully execute the
office Of president of the United States,
and will, to the best of my ability, pre-
serve, protect and defend the Constitu-
ton Of the United States" The judges
of the supreme bench will soon deter
mine whether this republic has out
grown the Constitution, and whether
the President and Congress are above
it or not. If they are above the Con
stitution, why should they swear to
preserve, protect and defend" it to the
best Of their ability? 1t would be
ludicrous for William Mckinley at his
Inauguration on the 4th of next March
to take the oath of office as laid down
in the Constitution if he really thinks
he is above. the Constitution and can
govern other people in violation Of it.
The decision to be rendered by the
Supreme Court in these two cases is
awaited with considerable anxiety by
the supporters and opponents of Nc
l<inley's foreign policy. Never since
the days Of bred Scott has such an inl-
portant question been submitted to the
highest court for final decision. 1t
is devoutly to be wished that the judg-
es will divest themselves of party pref
udices and discharge their duty in
such manner as to retain the conf
dence Of the people in their integrity
as non-partisan Interpreters ST the law
and the Constitution.