Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-06-03
Emperor Mckinley.

The anti-imperialists are somewhat puZ-
Zled and divided in sentiment concerning
the proper comment to make upon the Su-
preme Courts decision. Some are inclined
to view 1t. notwithstanding its disappoint-
ing concrete effect, as vindication of the
abstract principle that me Constitution
follows the flag and. while sustaining
dangerous power In Congress, as denying
that power in the President. thus curbing
executive Imperialism. Others. including
Mr. Bryan. declare that 1t creates Emperor
Mckinley. tends to destroy the Constitu-
ton defends taxation without representa-
ton. denies that governments derive their
Just power from the consent Of the gov
erned and assails the foundations of the
republic.
Undoubtedly the Supreme courts decision
iustifies the first view % in that it denies
to President Mckinley powers in the terri
tory of the United States during the period
between military control and direct legis-
Iation by Congress. which have been exer-
cised without judicial question by Presi-
dent jefferson and his successors in every
acquisition of territory by the United
States from Louisiana to Alaska; and GU
in that it holds that the Constitution in
the cases where it is applicable is operative
United States. The second or Bryanite
view is also readily understood since the
decision does sustain the power of Con-
sress to legislate for territory of the United
States without obtaining the consent of
the territorial citizens to be governed. and
without being hampered by certain consti-
tutiOnal limitations which are declared to
he intended to apply to Congress only in
dealing with the states. Mr.. Bryan's anti
imperialistic campaign argument was based
upon a defective foundation The Supreme
Courts decision is unintentionally driven
like a battering ram directly at this weak
spot and the whole structure topples.
Naturally Mr.. Bryan receives the impress
sion that it is the Constitution or the re-
public itself which Is crumbling into ruin
about him.
The Supreme Court perceives and de-
ciares what MIR. Bryan and some other
anti-imperialists cannot be made to see or
t. admit seeing. and that Is the distinction
between the declaration that the Consti-
tuition is imperative a nullity or nom
existent in certain territory of the Unit ed
States and the statement that certain pro-
visions of the Constitution are not intended
to have application to Congress in legis-
latIng for that territory.
If it should be conceded that the Con-
stitution does not extend to the terrific
ries' merely because certain constitutional
restrictions on the power of Congress are
held not to apply to it in legislating for
the territories. then the conclusion would
be inevitable that the Constitution does not
extend to the states. For the Supreme
Court long ago distinctly held that certain
constitutional restrictions, while stated
generally. are intended to apply only to
the federal Congress and not at all to the
states. The commands and prohibitions of
the first eight amendments to the Consti-
tuition operate as limitations upon the pow
1T of the national government only. and
do not restrict the power of the states. Not
outstanding the general terms OF prohibit
ton employed in the second to the eighth
"f these amendments any state may re-
strict the bearing of arms, may regulate
AS it pIeases the right of search and OF
arrest. may provide for the trial of capital
or otherwise infamous crimes upon infor-
nation and without indictment and with
out jury. may do away with the trial of
civil suits by a jury, and may abridge the
freedom of speech ard of the press
Though the Constitution does not In
these particulars specifically extend to the
people precisely the constitutional bill Of
rights, there is no complaint that the
states, unrestrained. have run amuck
among these American privileges. They
have voluntarily adopted in their own con-
stitutions substantially the same bill IT
rights.
And though the Constitution should not
in these same particulars extend to the
territories and should not bind Congress
as territorial legislature ny the strict re-
puirements of the first eight amendments.
nevertheless the people Of the territory be-
longing TO the United States will be just
as safe as the people of the states against
the danger of their injurious violation.
Congress though not constitutionaliy COM
PEELED. will extend these safeguards to the
territories as fast as practicable, just as
the states. without constitutional compul-
sion. have pursued the same course In re-
spect to their people. Principles of Ameri-
can legislation in respect to Individual
rights laid down in these amendments
which will control every American legisla-
ture, even though the Constitution may
not specifically command it
The power of Congress to leglslat, dis
criminatingly in respect 90 the territory
belonging to The United States is con-
1rmed by the Supreme Court. The pessi-
mist predicts that this power to discrirli-
nate Will be exercised against the people
OF this territory TO ensiave them and to
SUI vert the Constitution and American
principles. The optimist is confident that
Congress will legislate discriminatory In
favor Of the people of this territory re-
iieving them Of certain burdens which
must BE- borne uniformly by the people Of
81 AZ. hAt
lions Will be protected and promoted. and
'hat the Constitution. American prestige
and the republican principle will in all
things be honored and exalted. We shall
see which prophet more correctly csti-
mates the character and tendency OF the
American people as represent ID In Con-
ereSS.
Mr. Rockefeller's gift OF 500 900 for an
institute for medical research is a very
practical benefaction. 1t is hoped, however
that IT will not lead to the discovery of any