The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-12

law, we are not 10 forget that IN lands 9TH
jurisprudence prevail, the ideas and processes of civil
also not unknown; that there nothing in uaooo N ~
rightly considered as broad charter of public pb OIL
which ought to exclude the best ideas of all systems and
age;' and them in the light of the foregoing the
significant language: UF
In the future growth OF the nation, as heretofora .
impossible that Congress may fit to annex err+; w
jurisprudence Is that OF the civil law. One the cpsd
moving 10 such annexation might be the very fact that H.
tory SO annexed should enter the Union with its tradition !,
ana systems OF administration unchanged 1t would he
construction OF the constitution to require them to bl
tnese or TO substitute Tor system, which represented m
Oh generations OF inhabitants Jurisprudence with wb
had had no previous acquaintance or sympathy,
In other words, the court considered Indictment
Jures ana CONVICTIONS by unanimous verdcs as matters -
cedure rather than OF fundamental right and in bod
mas hed that indictments 10y grand ures not REQUIRED
States by the Constitution, in murder cases Burs
oatTorm'd ITO u 5. SIG; Boln Nebraska 17e Il 3 %
and IN apparently acquiescng in the view that vere m
OF the twelve jurors could be lawfully received the S
even In criminal cases. Thompson Utah. TO T. s 349
the position that the mmutable principles of Justice which
here in the very idea of free government which no me
the Union may disregard violated" See also vo
nell .. DoU, 176 q. s. 5s1.
Inc actual decisions In the lnsular Cases were upon tariff
questions only and yet reference made to the ou
now before u.s. The four Justices who held in those eases not
only that the Constitution did apply of its own force i
funess to newy-acqured territory but that such erit
NAMED tor many purposes foreign until incorporated as p
the United States by Congress would naturally be expected
hold that the municipal laws of the new territory including
those relating civil and criminal procedure would continue
force until changed by the acquiring power and we find some
.,@ H.
nothlng tending to support the opposite For instance Mr.
Justice Mckenna speaking for himself Mr. Justice Srs and
Mr. Justice White quotes with approval in De Lima Bid
toe at page 760 the passage above forth as quoted QUIZ
former opinion from Holden u Hardy 1869 T. S 366 The
other member of the majority Mr. Justice Brown who had
vered the opinion in Holden Hardy above quoted FROM and
who announced the decision in Docne o. Bide pointed OUT
at page 1907 that in the in which the constitutional pro
visions relating grand and petty jues had been held
force in the territories, they had been extended there previously
by act OF Congress- and said Cat page 7S4 that in all e
cases of territories Congress thought it necessary either
tend the Constitution and laws the United States over them
to declare that the inhabitants should be entitled enjoy
right of trial by jury of ball. and the privilege the writ
habeas corpus well other privileges of the bill OF rights
Still he suggested that certain fundamental rights distinguish
able from matters of procedure gh be enforceable acquired
such rights might be force there per He said among
other things Cat page 1856 eve suggest without intending
decide that there be distinction between certain nur
rights enforced in the Constitution by prohibitions against inter
ference with Them and what may be termed artificial remedial
rights which peculiar system of jurspudeAT
Ut the former class, the rights ones religious op'
and to public expression of them, Or sometimes said V"
ship God according the dictates of ones conscience
right personal liberty and individual property freedom
speech and of the press free courts of V a
process of law and equal protection of the laws to %
tiles from unreasonable searches and seizures well cr ~
unusual punmens and to such other mmunes are nu
pensable free government Of the latter class are the %
to citizenship suffrage (Nnor Happersat, Il wal lO'
and the particular methods of procedure pointed out
Constitution, which peculiar AngoSaxon lusFuu'r
and of which have already been held BY the STATES
unnecessary to the proper protection of individuals :
Thus while the decisions in the Inular Cases reia'eu wv
to other provisions of the Constitution yet the op0
he