The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-06-14
THE COMING.
The Foundations Of tho r spub.
10 Ara AssaiIod 81
seY THE SUPREME COURT.
Tho PoopIe Must Roputiaie it's
Decision or Prepare for
,hs Man on Horsa

Hon. VIM j. Bryan has given out an
extended statement bearing upon the
supromo Court in the int u ar cases, and
no uses for his text tho words, Emperor
Mckinley" Mr.. Bryan declares the
SuIrsmo Court has ,inod hands with
tho Pr sident and Congress ia an # ,rt
to change our form OF government, and
no calls upon tho pooplo to ropudiate
tho vcrd OF, Mr.. Bryan says in part:
''By vote Of IS to tho Suprc mo
Court has declared President Mckinley
Emperor Of Porto Rico aud, according
TO tho press dispatch, tho Emperor has
gladly and gratefully accepted tho title
conferred upon him by tho highest Judi
oial tribunal Of tho land
"rhoso who were encouraged to bo-
liovo that tho constitution had caught
up with tho flag wero doomed to disap-
po ntment. In the Downos case, docided
Immediately afterwards, a IN ,jority of
tho court, composed Of Justices b row O,
Gray, White, Shiras and Mo Konna,
held that Congress could deal with Porto
Rico, and the uamo logic applies to tho
Philippines without regsrl to the Iimi
tations Of tho constitutions. Chiof
Justice Fuller and Associate Justioos
Ii Hlan, Pookham and Brewor asonted
in strong and vigorous language, but tho
opinion Of tho majority, oven majority
OF ono, stands until it is reversed.
This is ono of tho most imp ortaut do
oitions, if not the most important, ron
dered by tho Court; it not only do.
olares that C0ngross is greater than the
constitution, which created it-,ho ctoa
turo creator than tho creator but it
denios the nooessity for a writton con.
sti,ution.
''Tho position taken by tho court is
defended, or rather excused, by roaBon-
ing which, if followed out will destroy
constitutional liberty in the United
Statos. Every reason given by Justice
Brown could be used with evon moro
for,o to support decision multiplying
all limitations placed by the oonstitu
tion on Congress- when dealing with tho
otizaDs Of the several States. If tho
Porto Ricans can trust tho wisdom and
Justice Of q Congress which thoy do not
elcot and osnnot remove, why do tho
pooplo Of the Uoited States need a con.
stitution to protect them from Con-
gross which thoy do elect and can re.
move7 The decision, in etfeot declares
that tho people arc not tho source Of
power it !efends taxation without ro
prosen. on and deaioq that govorn
ments derive their just po yer from the
consent of the governed.
ut assails the found atoms Of tho RI
public and does so on tho ground Of ex-
pedionoy. The, dissenting opinions
bristlo with praocdents and burn with
patriotism. They ough to awaken con
scientious Republicans to realization
Of the moaning Of imperialism.
This decision, like tho Dred SCOTT
dooision, raises a political issue which
must be settled by tho peoplo. The
Supreme Court has Joined with the
President and Congress in an attempt to
change the form of our government,
but there yet remains an appeal to tho
pooplo.
In order to fully understand these
opinions it must be known that in ruling
that tho Dinsley tariff ratios could not
prevail against Porto Rco the court did
not act on the theory that the oonstitu-
tion followed the flag during any OF
these periods under consideration.
This ruling was ade bec,use, in
the opinion of the court, Law enacted
for the purpose Of lcvying tariff dutios
against foreign country could not bo
applied in levying tariff duties against
country that was not foreign
"In othor words, if Immediately after
tho ratification of the peaoo treaty Con.
eress had enacted law lcvying tLe
Dingloy rates, especially against Porto
Rioo, those rates would have prevailed.
In tho courts opinion the legality of
any tariff ratio betwoon. Porto Rico and
the United States simply waite upon
formal act Of Congress establishing
theso rates as app ying to Porto Rioo.
Tho logic of this opinion as it applies
to the right Of Congress to levy tariff
customs would mako it possible for Con-
gross to lovy tariff duties on articIcs
coming from any Territory of tho United
States.
with respect to our new posses.
sions tho deoision is an unfair ono.
because it donies to them eousl traie
privileges with other PORTIONS of tho
Uoitod States whose sovereignty has
boon established over thom, and tho
purpose Of the legislation in providing
for equal trade privileges was that no
section tubjsot TO United Statos
sovoreignty shall ever become tho VIC
tim Of discrimination. Tho principle
is ia limo with tho worry foundation prin.
oiplcs Of this government, which CON
ttmplated that ali the people of tho
Unitcd States should havo equal privi-
leges should be exempt from disorimi.
nation and should enjoy the immunities
which the constitution makers oonooiv-
ed TO be essential to tho porpetuity of
free insitution,.'
After an extended summary Of Jus
tice Bro WIS reasoning MIR. Bryan oon-
tinuus:
throughout tho majority opinion,
delivered by Justice Brown, runs 70
theory that tho American Congress
may do anything not forbidden in tho
constitution. This is one Of tho most
rorugaant features Of tho opinion jus
tic Brown seems to havo tearohed the
constltu ion for prohibitions rather
for that grant Of power which tho
American people have al Ways ,noeiv-
ed to bo the true of,,o Of that instru
mont" is
Mr. Bryan oonolules az follows:
n> !, 81 ~ IL e.. -.