The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-06-05
BRYAN CALLS ON The PEOPLE
TO Repudiate the Verdict of the
Supreme Court.

Mr.. BRYAN declared the supreme court
has joined hands with the president
and congress in an effort to change our
form of government ano he calls on
the people to repudiate the verdict,
Mr.. Bryan says in part:
''By a vote of five to four the su-
preme court has declared President
Mckinley emperor of Puerto Rico, and
according to the press dispatches tn
emperor has gladly and gratefully ac-
cepted the title conferred upon him
by the highest judicial tribunal Of the
land.
Those who are encouraged to be-
lieve that the constitution has caught
up with the flag were doomed to dis
appointment. In the Downes cases
decided Immediately afterwards, a
majority of the court, composed of
Justices Brown, Gray, White, Shiras
and McKenna, held that congress
could deal with Puerto Rico and the
same logic applies to the Philippines
without regard to the limitations Of
the constitution. Chief Justice Fuller
and Associate Justices Harlan, Peck
ham and Brewer dissented in strong
and vigorous language, but the opinion
of the majority, even majority OF
one, stands until it is reversed. This
is one of the most important decisions,
if not the most important rendered by
the court; it not only declares that
congress is greater than the constitu-
tion which created 1.-THE creature
greater than the creator-but it denies
the necessity for written constitu-
tion. The position taken by the court
is defended or rather excused by rea-
soning which, if followed out, will
destroy constitutional liberty in the
United States. Every reason given by
Justice Brown could be used with
even more force to support decision
nullifying all limitations placed by the
constitution on congress when dealing
with the citizens of the several States.
If the Puerto Ricans can trust the
wisdom and justice of a congress,
which do not elect and cannot remove,
why do the people of the United States
need a constitution to protect them
from a congress which they do elect
and can remove? The decision, in
effect, declares that the people are not
the source of power, it defends taxa
ton without representation and denies
that the governments derive their just
power from the consent of the gov
erned.
cit assails the foundation of the
republic, and does so on the ground of
expediency. The dissenting opinions
bristle with precedents and burn with
patriotism. They ought to awaken
conscientious Republicans to realiza-
! tion of the meaning of imperialism.
"This decision, like the Dred Scott
decision, raises a political issue which
must be settled by the people. 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 the
people.
s.1n order to fully understand these
opinions it must be known that in rul-
ing that the Dingley tariff rates could
not prevail against Puerto Rico, the
court does not act on the theory that
the constitution followed the flag dur
ing any Of these periods under con-
sideration.
This opinion was made because, in
the opionion of the court, law enact
ed for the purpose of levying tariff
duties against a foreign country could
not be applied in levying duties
against a country that was not
foreign.
I'm other words, if Immediately
after the ratification of the peace
treaty, congress had enacted law
levying the Dingley rates, especially
against Puerto Rico, those rates would
have prevailed. In the courts opin-
ion, the legality of any tariff rate
between Puerto Rico and the United
States simply waited upon formal
act of congress establishing these rates
as applying to Puerto Rico. The logic
of this opinion as it applies to the
right of congress to levy tariff customs
would make it possible for congress
to levy tariff duties on article coming
from any territory of the United
! States.
with respect to our new posses
sions, the decision is an unfair one be-
cause it denies to them equal trade
privileges with other portions of the
United States, whose sovereignty has
been established over them, and the
purpose of the legislation in providing
for equal trade privileges was that no
section subject to United States SOW
ereignty shall ever become the victim
of discrimination. The principle is in
line with the very foundation princi-
pies of this government. which con-
templates that all the people of the
United States should have equal privi-
leges. should be exempt from discrimi-
nation and should enjoy the immuni-
ties which the constitution makers con-
ceived to be essential to the perpetuiTy
of free institutions.
After an extended summary OF Jus
tice Browns reasoning Mr.. Bryan
said:
Throughout the majority opinion
delivered by Justice Brown. runs the
theory that the American congress
may do anything not forbidden in the
constitution. This is one of the most
repugnant features Of this opinion
Justice Brown seems TO have searched
the constitution for prohibitions. rath-
er than for that grant of power which