The Minneapolis journal., 1901-05-28
BETTER THAN CONSTITUTIONS

There is discoverable in the dissenting
opinions of the supreme justices feeling
of apprehension lest in taking the posi-
tion supported by the majority opinion
our government is entering upon danger
Gus ground. This concern is displayed
by all the dissenting judges; it is well
expressed in the following extract from
Judge Harlan:
take leave TO say that If the principles
now announced should ever receive the sane
ton of a majority of this court. the result
would be a radical and mischieVous change
in our system OF government. We will. in
that event. pass from the era of constitutional
liberty guarded and protected by written
constitution, into an era of legislative abso-
lutism, in respect to many rights that are
dear TO all people who love freedom.
We expect to see much made of this by
our democratic contemporaries, who have
already expressed deep anxiety as to the
fate of the Inhabitants of our new pos
sessions. 1t has been assumed by them
that these poor people are to be the vic
Tins Of harsh rule and are to suffer cur
tailment of rights, the loss of liberty and
the denial of opportunity through the re-
fusal of our government to concede to
them the same status under the consti-
tuition which is guaranteed to the citizens
of the United States.
Now, there is no occasion for any alarm
on that score, either on the part of the
justices of the supreme court or any one
else 1t is not the constitution which is
the best guaranty of a benevolent atti-
tude by our government toward the people
of our new dependencies. 1t will take
something more than the written pledges
of a constitution to insure to them the
enjoyment of all the blessings and benefits
which our government ought to confer.
That guarantee is found rather in the
disposition of our people toward them.
and in the character of our institutions.
This point was admirably illustrated by
Senator Beveridge in his speech on the
illustration of the point before 1t is ap-
plicable now. He was arguing that the
constitution is not the best assurance OF
a benevolent purpose on the part Of the
new possessions but that that assurance,
as has been stated, is to be found
rather in the temper of our people, in the
benevolent character Of our institutions,
the disposition which prevails here to con-
fer all the benefits which our flag repre-
sents in as large measure as these people
are capable of receiving. For illustration
he cited England, which in the sense that
we speak OF ours has no written constitu-
tion, but whose government everywhere
throughout the world stands for stability,
justice, security of life and property, and
civil and religious liberty. Just across the
English channel is France with, in many
respects, an ideal constitution, but with
government at home and abroad vastly in
ferior to that of Great Britain, showing
that it is not constitutions which make the
and that in the case of the
Porto Ricans and other peoples recently
brought under our dominion, 1t is not our
written constitution but the benevolent
attitude and disposition of our people
which is their best assurance of the bene-
fits they are to derive from having come
under the protection of our flag.
Justice Brown refers to this in his opin-
ion, where, in speaking of the large pow
ers necessarily entrusted to congress. he
says that "they may be abused under the
constitution as well as outside of it. HUI
man wisdom has never devised form of
government so perfect that it may not be
converted to bad purposes. 1t is never
conclusive" he continues, 'to argue
against the possession of certain powers
from possible abuses of them. 1t is safe to
say that If congress should venture upon
legislation manifestly dictated by self-in-
terest it would receive quick rebuke at
the hands of the people"
And so 1t would. The conduct of our
government toward the inhabitants Of
these new possessions thus far has been
entirely benevolent. Even the Porto
Rican tariff itself, though a mistake as
we believe, was undoubtedly well meant
by a majority of its supporters and be-
lieved to be the easiest method by which
the people Of Porto Rico could provide the
money necessary to pay for their own
local government. The institutions set
up there have been calculated to promote
the interests of the people. Our gov
ernment has just called for large in
stallment of the teaching force organized
for the Philippines to be sent out at pub
lie expense for the purpose Of educating
the Philippine people. In these and in
many other ways the evidence is conclu-
sive that the disposition of our people
toward the people of these new posses
sions would never permit the. exercise OF
authority toward them by congress in any
other than in a kindly and beneficent
spirit.
And this is due, not to the constitution,
but to a fact much more important and
powerful than any written document.
oIoor