The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1901-06-01
THE OPINION OF THE COURT.

From the formative period of the republic, when IL
mind of greatest chief justice was practically the mir
Of that august body ITSELF down to the present days
Supreme Court of the United States asplaye remer
dousy important part in the national development Of tn
country.
Resembling in many aspects the government of Ems
land we have differed in the vital particular of possessin
constitution which is delimlting charter, the pre-
duct, save in its amendments of assembly OF me
brought together for the purpose of arbitrarily framn
and issuing from convention organic law to answer
as best might, the necessities of embryonic govern
ment, existing as experiment. new venture IN
new world Instead, then, of being government base
upon such fundamental principles are the slow develop
Of centuries ofprescrpve usage responsive to alter
ing conditions sensitive to the arising necessities
contnuou growth answering the demands of increasing
enlightenment; ours is established upon written docu
ment providing in fixed terms for Offices and functions
defining duties and limiting powers, contemplating NJ
sudden departures from lines projected by its trainers
looking primarily to the solution OF the then all impor
tant question of the nature and form of the government
to be founded upon its provisions.
To saw that the men who framed this instrument had
gard only the conditions surrounding them builded on
to meet the requirements of their generation would be
attempt an impeachment of the wisdom of what prob
ably the abest assembage of of which history fur
n,shes any record to say that they provided attempt
ed to provide in this written constitutions for any
every contingency the life OF the government which The
future might Disclose would be the assertion OF absur
dity equally extreme.
Tointerpret the fixed term of this instrument into the de-
velopng phases IF national unfolding at times with
startling and bewderng rapdity; to hold the lawmak
ing branch in efforts at provision for
new conditions as they arose. steadily aeonrse least
not at variance with the ideas of its if not
contemplated by them-has been among the greatest Of
The functions of our court of last In the discharge
of this duty has been confronted with serious and per-
3 exing problems, and many Of The conditions upon
which it has been compelled to pass have become historic
The transition of this government from federation of
independent sovereigntes to naton clothed with all
essential national attributes may be SAID to have been
practically completed with the triumph of the Northern
Interpretation of the constitution and the close OF the
civil war and reconstruction In this process of
tiona growth even under delegation of strictly limited
movers the Supreme Court has been able to find cons
ltiona warrant for making effective the various steps
taken BY the people their advance from experiment
Al republic along the Atlantic seaboard to experiment
al ssworld power,n hodIng in possession islands and
aliens in distant quarters of the globe Only in the
rmaon Of the manumssion of the slave and the extern
sion the privileges Of citizenship, has 1t been necessary
VS. appeal to the people, the original of power;
constitutional Interpretation has been equal to all other
emergencies.
largely provided for by amendment those bequeathed
HE legacy the with Spain presented probably the
serious questions with which congress and court
have had to deal The extent of territorial
seoment furnished parallel to the character of this
last acquisition The purchase annexation of territory
~ Ibis continents howsoever great its extent, could
abish nd precedent for the purchase annexation OF
seh territory as the Philippine islands. Yet the bald
,act renamed that these islands had been purchased
When the treaty Of peace between this country Spain
ax ratified by the senate, theories gave way to cond
iiss and the question became not shall undertake
te administration of government for these islands" but
.tf,w shall we administer it," This question has been
answered BY the supreme court, and it has been deter
,e II effect that congress has the power to provide
eh insar governments the needs of various IS
may require But while holding to this view the
Of the court it seems felt it advisable to prevent
i'd liberal construction of their opinion to the prac
neal mowers Of Congress This will be by reference
IS Justice Browns saving clause that the inhabitants Of
tee islands, during what may be termed the probation
rv period are not subect to the merely arbitrary con-
troll Of Congress. e..s .<sssss.-
The importance of the opinions and their historic
character Justify in quoting at length from that
e the Downes case the most important of them as
rejecting the attitude Of the court towards the position
.sned BY the administration. Said Justice Brown, for
lie majority ~
Sfftuifon has long been continued and Uniform to the
f that the constitution is applicable to territories at-
led bv purchase or conquest only when and far as
congress shall direct Notwithstanding il duty TO /:
S7niee to every state in this union republican form
3. 5Fernnent congress did not hesitate 10 the organ
E, AZ the Territories Of Louisiana, Florida the North
M Territory and its subdivisions Of Ohio Indiana Mich
M Illinois and WISCONSIN. and still more recently IN
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