The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-29
THE EMPIRE OF AMERICA"

The most far reaching decision rendered
by the United States Supreme Court in
this decade is the decision rendered on
Monday which so far changes the charac-
ter of our form of government as to per-
NIT the newly acquired territory to be
governed in any manner prescribed by
Congress. This important decision was
rendered by a vote of to 4, one OF the
five being Shiras him of the income
tax flop. Only one Democrat, Judge White,
of Louisiana. voted with the majority. 1t
is not impossible that unconsciously his
natural fear of injury to the sugar in
terests of his State influenced him in
holding that a tariff could be levied
against the products of the new terri
tories Chief Justice Fuller and Justice
Peckham, the other two Democrats on
the bench, were true to the doctrine that
a Republic cannot have subjects. Justice
Brewer and Justice Harlan held the same
safe view.
Inc #COluIHDId 0tStIS 5 uldSnOSIS VI lllC
opinion is:
"The opinion of Justice Brown as out
lined in the Geographic summary which
we print has the appearance of an argu-
ment made to get the administration out
of a hole rather than one to interpret the
constitution in accordance with its OBJ
yious spirit. He makes the constitution
apply or not apply as the emergencies OF
the case requre-the same territory is
in or out of the union in twinkling, like
a didapper duck disporting itself with
equal facility in air and water. He dis
misses the decision of Chief Justice fancy
in the bred Scott case, which has direct
application to the present issue, by saying
that the country did not acquiesce in the
opinion and the Civil War, which shortly
thereafter followed, produced such
changes in judicial as we'll as public sem
timent as to seriously impair the author
ity of this case In this he recognizes
judicial sentiment as legitimate reason
for reversing an opinion rendered by the
Supreme Court in acknowledged conform
ity to the spirit of the constitution. The
authority of the chief justice and the SUI
preme Court of the sos is impaired by
the circumstances that judges now pre-
fer to think differently.
Another remarkable feature of the
opinion of Justice Brown is it's persistent
repetition of the phrase of Chief JUS
tice Marshall, the American empire This
is used quite as though it represented an
opinion by John Marshall that this is an
empire and not a constitutional republic
AN application of Marshall's phrase
which can only be designated as deceptive
and contemplate.
"Expediency is the evident motive of
this opinion. The spirit of the constitu
ton is violated its harmony destroyed,
it's great purpose subordinated because
this country finds itself in q dilemma
resulting from it's requirement of terri
tory which it is inexpedient to govern ac-
cording to the constitution. To find a
means of holding on to this territory with |
out extending to it certain guarantees of
our basic law has been the effort of the /
administration-an majority of the SUI
preme Court moved by no higher motive, |
lend themselves to the same task of
reaching by the same quibbling the same
result.
1--WE repeat that such decision so
reached and argued fails of moral force.
1t cannot convince the people. 1t will
do much to make them lose faith in a
tribunal which ought to be above the mo-
tives and devices of politicians. 1t will
bring our highest court into discredit and
it will not determine for long the atti-
tude of the American people toward the
policy of colonialsm''
Concluding an elaborate and able edito-
rial, the Baltimore Sun says:
"If the tariff provisions of the consti-
tuition do not follow the flag to our in
sular possessions, to what extent is the
protection of the other provisions of that
instrument guaranteed to them? Cover
nor Allen has recently recommended that
Porto Rico should be administered after
the manner in which the West Indian col
onies of Great Britain are governed by
the mother country But the Supreme
Court has decided that our insular pos
sessions are domestic territory in all
respects as regards the right of trad
ing without restriction with the country
of which they are part They ceased
to be foreign territory as soon as they
were ceded to the United States, and no
act of Congress was necessary to convert
them into domestic territory But II
Congress can pass tariff laws for these
territories, despite that sect on OF the con-
stitution which provides for uniformity OF
taxation can it not also enact legisla-
tion which will deprive the inhabitants of
our domestic territories of other consti-
tutional privileges? 1t Porto Rico is not
foreign territory are the Porto Ricans cit
liens OF the United States, or still, as the
Foraker act designates them, merely citi-
zens of Porto Rico? OF how many incon-
sistences' may Congress be constitution
ally guilty in making laws for our 'domes-
tic territory of Porto Rico?
The Washington Post says in part:
The paramount issue is at last de-
cided by the only tribunal competent tn
determine it. In a majority opinion, writ
ten by Mr.. Justice Brown. that court.
from whose finding there is no appeal,
has confirmed the constitutionality of the