The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-10-01
A Dlscredited Argument.

decidedly groggy before the text OF
President McKinley's instructions to
| the Philippine commission was publish
| ed, That document administered a
knockout blow.
We find. in the last number OF the Po-
Prof. Burgess. occupying the chair of
| political science and constitutional law
in Columbia university. It is quite ex-
haustlve. and is received by the "antis''
with loud applause as completely es-
| tablishing their position. AS a matter
OF fact. it completely demollshes Il; and
the truth Of this we propose to show
from their own words. There is no more
fanatical opponent Of the administra-
ton in this country than the SPRING
field Republican. We quote from an
editorial criticism Of Prof. Burgess ar
ticle, in which the Republican speaks OF
1t as exposing the utter groundless-
ness of the whole case in favor Of the
administration:
1t Is not maintained by Prof Burgess
and we do not know that II Is maintained
by anybody ese-that every part and par
eel OF the constitution applies 10 congress
In respect TO the territories: for the c0nstl-
tuition describes n particular relationship
Of the general government with the states
as states. 1t deals with the general gov
eminent IN various relationships. But IL
Is held by Prof Purgess--and put forth as
fairly well established law-"that all Of
the provisions % the constitution defen-
siye OF civil liberty against the govern
ment OF the United States apply with the
same force and uniformity throughout all
territory under the sovereignty OF the
United States IN which civil government
exists. and that all those provisions OF
the constitution defensive OF the civil
liberty Of the individual against the
states also apply with the same force and
uniformity against the United States gov
eminent. az local government, in all
those parts Of tho country which possess
civil government under the sovereignty OF
the Tnhed States. but not state govern
mcnt--that If, those parts called terri
tories
This is the very first admission ever
made by any OF the "antis" that mot
every part and parcel of the constitu-
ton applies to congress In respect TO
the territories" with IL falls their whole
case. For the bulk of defamation has
been about the constitution following
the flag, and the trampling under foot
of constitutional guarantees in Puerto
Rico. But here we find the Republican
yielding to an eminent authority the
proposition that not all parts OF the
constitution extend by their own force
70 all territory under our sovereignty.
Therefore the entire foundation on
which the charge of imperialism" has
been built up, sinks into the bog. The
Puerto Rico tariff law is as fully in
accord with the constitution as Is the
Dlngley tariff. Therefore We have clear
ed thus much dead wood out OF the
way.
But there are certain provisions In
defense of personal liberty which do
extend their protection over all the in
habitants Of our territory. They are
those relating to civil rights. These are
such as are especially selected by Prof.
Burgess and referred to In the para
graph above quoted. The guarantees Of
the civil liberty Of the individual against
possible denial by the state run every
where This is the statement on which
the Republican SEXES with avidity. But
have those provisions been denied? with
discreditable forgetfulness the Repuh-
llcan omits to quote from the instruc-
lions 81 President McKiniey 10 the
Philippine commission. charged with In
stltuting a civil government for those
islands We desire 70 refresh rs mem
DRY and that Of all other howiers about
imperialism" Here they are. the first
principles ~ orr rule over the Flliplnos.
iron every division and brunch Of
the government the president Inn
poses as iovioIatte these ruIeSi
>sThnt no person ~hnIi he deprived
of iife. liberty or property with ant
due process of laws that private
nreperty .hsii not he taken for puh-
iic usc without fart compensation
that on all criminal prosecutions the
accused shah enjoy the right 90 n
pubitc trial. Co he Informed OF tho
nature and causc of the accusation
60 he confronted with the wttne..
AGAINST him. 80 have compulsory
process for ohtRintn9 wftncs.e. On
hts favor. and 90 have the asaI.t-
ma~e ~ rornsrt Cor his dsf~n.es thar
excessive tail shall net he r~uatr.d
nor excessive 8ne~ imposed nor
erGcl n.Bi unusual punishment In
nietcat that mn Rersaa shall he pnt
twice In Jeopardy far thc same Of
s~nse or he reuspetfea In aay cri,at-
nat cnsc 90 he witness against
himseifi that the FtEht 90 be secured
against unreasonable searche. and
seizures Shatt nst Ne rtaiateas that
neither ~saveTy nor Involuntary
srrVttuf~ shatf ~wtst except a- % raa-
ishuac1t for crtme~s that no hllI Of
attrind~v nr az pest fseta tars shall
be passed that No IAN SHALL M. s,n.~