Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1901-06-13

the United States-5 to 4-that Porto
Rico belongs to the United States
but is not part of it, Is unfortunate,
even astounding. 1t is fraught with
manifold danger and starts us upon
limitless ocean without chart or COM
pass. We may now be said to be
launched upon colonial policy whose
end no man may predict and whose
evils no mathematician may calculate.
The idea that one part of the United
States is subject to the constitution
and must be ruled in accordance there
with and that another part is not
under the constitution and is to be gov
erned independent of it is clearly alb
surd, and will be so regarded by all
men who have a fair quantum Of
brains No matter what five judges of
the supreme court decide, they can't
make black white, or vice versa.
The United States is doing now t.a
identical thing against which our fore
fathers rebelled and against which they
fought the greatest power On earth for
seven long years, over which power
they gained a glorious and memorable
victory at Yorktown Of blessed men,
ory. They fought against the prin-
ciples of taxation without representa-
ton. That was the sole cause of quar-
rel with Great Britain. They achieved
a great triumph at a great cost Of
treasure, blood and life. No sane man
can believe that shortly after estab-
fishing independence they deliberately
formed a constitution which could be
reasonably construed as providing for
the very evil to root out which they
took up arms against King George III
the sun never sets and whose morning
drumbeat encircles the globe On the
contrary, intelligent men everywhere
will believe that they did all that wis
| dom could devise to guard forever
| against the evils over which they had
| just triumphed and that consequently
| the five judges are wrong. This is a
law abiding country, but nevertheless
| where there is a will there is way.
! This decision no more settles the ques-
| ton at the bar than the Dred Scott de-
cision settled the slavery question. 1t
| is queer how history repeats itself.
1t is strange that Mr.. Justice Brown
=, and his four companions in error did
not think of Chief Justice Torrey and
his associates and what came of their
| decision. When the Dred Scott deci-
sion was rendered, many people fatter-
| ed themselves that the slavery agita-
| tion was laid at rest forever and for
I, ever. How vast was their mistake was
/ demonstrated in the awful history of
this country from 1861 to 1865. Mr..
| Justice Browns political decision-for
| it is an insult to the intelligence of
mankind to dominate it a judicial de-
cision-will not produce civil war or
hurry it on, but that it will be over
thrown, reversed, held for naught and
it and its authors made to stink in the
nostrils of the people there can be no
/ doubt. Carried to it's legitimate con-
clusion, his opinion means the over
throw of the republic, and the people
do not intend that the republic shall be
overthrown. They will overthrow 4
good many people and things before
they will see a despotism take the
place of our benignant government.
All this talk about depending on the
( patriotism, wisdom and Humanitarian
ism of congress not to be unmerciful tc
our new subjects in the exercise of its
extra constitutional powers is nauseat
ing-utterly so. Our fathers did not
i depend on the mercy of anybody. They
placed 1t beyond the power of man tc
Cypress them and their posterity and
their fellow citizens, but now come
Mr.. Justice Brown and his partners
and tear down so far as in them lies
the barriers erected by the fathers
fresh from the blood stained and glo
rious fields of the Revolution.
We have only about 100000 sub
jects now and 100000 citizens. Thai
looks like a large disproportion and
may appear harmless, but there is nc
limit to the number of subjects the
republic may acquire. She may an
mex China with her GG0000,000 Celes
tials: also Central and South Amer
lea and no telling what else and whom
" ClSC. liz SGOJCNlo lt~J WHY " ObS
number the citizens 20 to 1. Then al
American Caesar and supple congress
will deluge the continent in blood tC
establish despotism here. All these
things might grow from the Brown de
cision, but / believe that the good
sense of the American people will find
a peaceable remedy. that in 1902 we
| -. M
triotic, house of representatives and
that in 1904 we will hurl the imperial
istic party out of power forever.
Judge Harlan.
That Mr.. Chief Justice Fuller and
other Democrats on the bench would
declare against imperialism was gen
orally expected but that Mr.. Justice
Harlan and Mr.. Justice Brewer would
have courage, patriotism and inde
pendence enough to break with theil
party fellows was a thing feryently
prayed for. but doubtful of realization
Judge Harlan's case was peculiar. Tht
president had appointed his son anG
Mr.. Justice McKenna's son to lucra
tive and honorable positions pending
this decision and, as thousands be
lieved, still believe and always will be
lieve, for the purpose of influencing the
decision. If that was the purpose
heaven be thanked Judge Harlan
proved superior to temptation and no
bly, discharged his duty to his country
and his kind. Those who knew hin
best never doubted what his line Of
conduct would be. He is a Kentuck
ian by birth and a lawyer by inherit
ance. He came of great race OF
lawyers and is a great lawyer. What
is much rarer, he is a great judge. His
| dissenting opinion in this case, coupled
with his dissenting opinion in the in
come tax cases, shows him to be one
of the greatest and most courageous
judges in the history of American
jurisprudence. HeS is the first great
man ever saw. That was thirty ode
years ago. away back in the Kentucky
backwoods. / was only chunk of q
boy. He was in the flower Of his years
Even then / was a Democrat, always
was-was born one-while he was the
candidate of his party for attorney
1 general of Kentucky. A boys political
prejudices are at least as strong as q
i mans hI1t I marked him then before