The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1901-06-12
THEEMPiRECOMING.
Tbs Found atoms Of she Repub-
lie Are &ssaiIed
BY TIE SUPREME COURT.
Ths People Must Eepuciafe its
Decision or Prepare for
the Man On Horse
Back.

Back.
Hon. VIM J. Bryan has given Gu. an
extended statement bearing upon the
Supreme Court in the in;u ar cases, and
he USES fer his text the words, emperor
Nick nley." Mr.. Bryan declares the
Sulrepe Court has j,ined hands with
the Pr, sideat aad Congress 10 an If ,rt
to change ouc form o. government, ard
he calls upon the people to repud;ate
the verd CT. Mr.. Bryan says in psrt:
SPY vote OF to / the Suprf ne
Court has declared President Mckinley
Emperor Of Porto Rico aud, according
to the press dispatch, the Emperor las
gladly and gratefully accepted the title
conferred upon him by the highest judi
cial tribunal Of the lsod
Those who we're encouraged to be.
I;eve shat the constitution had caught
up with the flag were doomed to disap-
po:ntment. In the DoW1es case, decided
Immediately Afterwards. majority Of
the court, composed Of justices Browo,
Gray, White, Shiras and Mcksnna,
held that Congress could deal with Porto
Rico, and the same logic applies to the
philippines without regarl to the limi
tations Of the constitutions. Chief
! sTustic, Fuller and Associate Justices
Harlan, Packham and Brewer dissented
in strong and vigorous language, but the
opinion Of the maj3rity, even amajority
of ore, stands until it is reversed.
This is one Of the most important de-
cisioas, if not tie most important, rem
derea By the Court; it not only de-
cla1es that Congress is greater than the
constitution, which created 1.-THE cCea
ture greater than the creator-5ut 1t
denies the necessity for a written con
sti!ulion.
The position taken by tue court is
defended, or rather excused, by reason
ing which, if followed out will destroy
constitutional liberty in the United
States. Every reason given by Justice
Brown could bs used with even more
fore to support decision multiplying
all Limitations placed by the constitu
ton Oh Congress when dealing with the
citizaIs of the several States. # the
Porto Ricans can trust the wisdom and
Justice Of Congress which they co not
elect aud cannct remove, why do the
people OF the Uoitad States need a con-
stitutior. to protect them from Cor
gress which they do elect and can re-
move? The decision, in effect declares
that the people are not the source OF
power it defends taxation without ra-
presentation and dsaies that govern
ments derive their just po1er from the
consent Of the governed.
st ssgai!s the ound stions of the Re
public and does so on the ground OF ex-
pe ediency. The dissenting opinions
bris;le with rr<cedents ard burn with
patriotism. They ough 10 awaken con
solentlous Repu oIicsrs to realization
OF the meaning Of in. .e:islisu.
This decislol, like the Dced Scott
deaision, raises 8 po!i>icsI i.sus Wnich
must be Setslsd by the people. The
Soprsms Court has joined with the
pGesi1ent aud Congress in an attempt to
change the form Of Gu. go9ernnens,
but thsre yet remains an appeal to the
people.
SIN order to fully understand these
opinions it must be known that in rulirg
that the Dinghy tsr.tf rstss could rot
prevail against Porto R GO the couru did
not aot On the theory thai the constitu-
ton followed the flag during sny Of
these periods under consideration.
This ruling was ,ade because, IN
the opinion Of the court, a lsw enacted
for the purpose of leVyiag tariff duties
against foreign country sould not be
applied in levying tariff duties against
country that was nos foreign
''ln other words, if Immediately after
the ratification Of tbs pesse treaty Con-
eress hsd enacted o Law levying the
Dingley rates, espeoisly against Porto
RICO, those rates would nave prevaile q.
In the courts opinion the legality of
sny tariff rate between Pcrso Rico and
the UniseG States simply waite dupon
formal act Of Congress establishing
these rates as applying to Porto Rico.
The logic of this opinion as it applies
to the right Of Congress to levy tariff
customs would make it possible for Con-
gress to levy tariff duties on articles
coming from any Territory Of the United
States.
with respect to our new posses
sions the decision is ao unfair one,
because it denies to them equsl trade
privileges with other portions Of the
United States whose sovereignty has
been established; over them, and the
purpose of the legislation in providing
for equsl trade privileges was that no
section subject to United States
sovereignty shall ever become the vic.
tim of discrimination. The principle
is in line with the very foundation prin-
eiples Of this government, which con
templated that all the people Of the
United States should have equal privi-
leges should be exempt from discrimi-
nation and should enjoy the immunities
which The constitution makers conceiv-
ed to be essential to the perpatuity Of
free Institutions
After an extended summary Of JUS
tice Browns reasoning Mr. Bryan con-
tiuues:
Throughout the majority opinion,
delivered by Justice Brown, runs to
theory that the American Congress
may Do snything not forbidden in the
constitution. This is ore of the most
repugnant features Of the opinion JUS
tic Brown seems to have searched the
constitution for prohibitions rather
for that grant Of power which the
American people have always conceiV-
ed to be the true on,e Of that instru-
ment."