The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-03
INSULAR AFFAIRS.
The Recent Supreme Court Decision
in Relation Thereto.

To the Editor of the indianapolis Journal:
Possibly it is not quite the thing for a
layman to say anything about the de-
cisions of the courts but there seems to be
some historical things that might be said
by any one who has noted such matters in
regard TO the late deliverances of the SUI
preme Court relating to the new posses
siOns. OF course, the decisions OF courts
are law. and all will bow TO them But
the similarity of the opinion of the ma
jority. i'll an important respect to the bred
Scott opinion. must seem striking. Whether
il will stand any longer than the latter is
another question. The majority opinion, in
its argument and conclusions, lies closely
along legislative Interpretation of the Con-
Stitution, as 1t Will be remembered was true
of the Dred Scott case, while the minority
opinions are as strictly i'm line of judicial
Interpretation, touching most nearly funda-
mental thing on their merits and in
cOrdance with what seems to be the obvi-
Gus meaning of the phraseology OF the
Constitution itself. not to say in harmony
also with what has for a hundred years
been understood as its spirit. If there is
historical legislative precedent and acqui-
escence i'm support of the majority opinion
the line of judicial Interpretation in behalf
o. the minority views is also marked.
The bred Scott decision followed along
the lines and strongly tended to a justifiCd-
ton of the legislative encrOachmen,S or the
slave power. il was called in those days
Down TO two decades before the moral
sense of the country rebelled and in war
overthrow the buttresses of the bred Scott
decision and the relic of barbarism behind
them. opinion North and South was against
slavery. Then began the legislative en-
croachments which afforded the precedents
of Interpretation upon which that decision
was predicated.
The chief concern of the country now is
TO understand whether the legislative de-
partment is again treading on dangerous
ground and down l.
~cial depart ment in support of its acts. We
have acquired Porto Rico and the Philip
pines to be held forever That much seems
settled and settled rightly. We are or
ganizing governments in both i'm accord
ance with the spirit OF our organic law.
and surely that is right Whether or not
the majority opinion of the Supreme Court
shall stand seems now dependent on the
wisdom and moderate exercise Of the su-
thority of Congress. The country toll
Grant and patient under the moderate ex-
ercise OF authority in behalf or the insti-
tuition OF slavery. 1t even agreed i'm the
Missouri compromise measure TO part with
free territory and patiently to send slaves
home under the act of 1850. That was the
last straw. and the end beEsn. So. If Con-
Rress shall wisely bring about the consum-
nation OF insular legislation as II is now
proceeding in Porto Rico. by which home
government and domestic demands therefor
are provided. and there remain no longer
need Of funds under import and export ex-
actions. the uniform provision for reve-
nue. in the Constitution may practically be
restored and end the contention. There is
great liberation Of court opinions If they
| do not put seeming wrong principles into
practical and oppressive operation.
Whatever the outcome OF the present con-
diton and differences may be. the tremen-
dous commercial and personal matters are
not involved which lay behind the slave
power in its rebellion at the results of the
| contest in lS60. If wrong shall appear ir
the pursuit of its seeming new powers b,
| Congress under the decision OF the court
very different procedure from that of lSG
will ensue. Ruf scan the political field X.
you may. no leadership yet appears capable