Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1901-06-28
GARNETT, KANSAS, JUNE 2S, 1901
PERHAPS.
rom Bryan's Commoner.


contented himself with decision without at
tempting to give any reasons for it. There are
many vulnerable passages in the opinion which
he delivered but there is one passage which
shows the uncertainty produced by the courts
decision. Heretofore, the people have regarded
liberty as an lnalienable right, and freedom of
speech ard freedom of the press have been
considered absolutely necessary to its defense
Those who prize liberty and regard freedom of
speech as above price will not take kindly to
the word "perhaps,' used by Justice Brown in
discussing this subject. He said
"To sustain the judgment in the case under
consideration, it by no means becomes necessa-
ry to show that none of the articles of the con-
stitution applies tc the island of Porto Rico.
There is clear distinction between such pro.
hibitions as 60 to the very root of the power of
congress to act at all, irrespective of time or
place, and such as are operative only through
out the United States or among the several
states.
"Thus, when the constitution declares that
mo bill OF attainder OF ex post facto law shall
be passed. and that mo title of nobility shall be
granted by the United States, it goes to the
comp tency of congress to pass bill of that
description. Perhaps the same remark may
apply to the first amendment, that congress
shall make no law respecting an establishment
Of religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech, or
of the press, or the right of the people to peace
fully assemble, and to petition the government
for redress of grievances We do not wish,
however, to be understood as expressing an
opinion how far the bill of rights contained in
the first eight amendments is of general and
how far of local applica ion."
He is not willing to 60 to the iull extent of
his logic He seems to have faith in congress;
he does not doubt that it will deal fairly with
subject races, and yet he shrinks from the
thought of an1.ihilating, at one blow, the whole
bill of rights. He boldly declares that "there
is clear distinction between such prohibitions
as 60 to the very root of the power of congress
to act at all, irrespective of time or place, and
such as operative only throughout the
United States, or among the several states'-
no: merely distinction, but "clear distinc-
as he begins to draw the "clear distinction" He
is quite sure that congress is entirely prohibited
from passing 'bill Of attalnder or ex post
facto law" or from granting ga title of nobl-
ily." He thinks that "perhaps the same re-
mark may apply" to laws respecting the estab-
lishment of religion, to laws prohibiting free
speech, to laws abridging the freedom of the
., ,s~1k 49,
peaceably assemble and petition or redress.
Perhaps! PERHAPS! PERHAPS! How
soon he becomes entangled III his own
web! And this is constitutional law! Justice
Brown wants it distinctly understood that he
cour, is not at this time 'expiessng an opinion
how far the bill of rights contained in the first
eight amendments is of general and how far of
local application. 1t will .e interesting to
American patriots to learn that rig hts for more
than century considered inaienable are now
divided into general rights and "local"
rights that some belong to every one, while
others belong only to some, and that the some
who enjoy all rights are to decide what rights
are safe in the keeping of others. The Boston
Herald very properly says that imperialism
"does not consist in having an emperor, but in
governing a country on the well-established
basis that ali men not free and equal" 1t
is not the form, but the essence, which controls.
1t is not the name, emperor, but the thing, EN-
peror, that is hateful. The Herald adds:
cit does not matter whether the form of rule
is that of czar or that of an imperial parlia-
ment which rules over subject people in the
name of conquering aud governing nation.
The government of England is just as impe.
ralistlc as the government of Russia The