The Leon reporter. (Leon, Iowa) 1887-1930, 1901-06-27
Constitutional Liberty.
NEUTRALITY-SUSPICIOUS..

II f7
The worst feature of the supreme
court decision in the Downes case is it
strikes blow at constitutional liber-
ty. In attempting to defend the po-
aition taken by the majority Of the
court, Justice Brown used arguments
which, II carried to their logical con-
illusions, would deny the necessity for
aconstitution anywhere. According
to the decision of the court, congress
can govern Porto Rico as colony,
without constitutional limitations, SO
far as the taxing power is concerned,
and enough is said in the majority
opinion to show that no political right
is absolutely secure.
The question naturally arises: If
the Porto Ricans do not need the pro-
lection of a written constitution, why
do the people Of the United States
need written constitution? If we
concede that the Porto Ricans are safe
without q constitution we must also
admit that the Americans would be
safe without a constitution. Justice
Brown says: "Grave apprehensions of
danger are felt by many eminent men
"a fear lest an unrestrained possession
of power on the part of congress may
lead to unjust and oppressive legisla-
ton, In which the natural rights of
territories, or their inhabitants, may
be engulfed in a centralized despotism.
These fears, however, find no justifca-
ton in the action of congress, nor in
the conduct of the British parliament
toward it's outlying possessions since
the American revolution. There
are certain principles Of natural Justice
inherent in the Anglo-Saxon character
which need no expressions in constitu-
Sions or statutes to give them effect
or to secure dependencies against leg
tslation manifestly hostile to their real
interests"
shall at another time treat of his
reference to the benevolence of the
British parliament, but my purpose at
this time is to emphasize the fact that
he repudiates the arguments which
have always been given in support of a
written constitution. 1t was necessary
to do so in order to justify the Porto
Rican decision, and yet in doing so he
surrenders one Of the most vital prin-
ciples of government. Some of the re-
publican papers have most violently
assailed me because pointed out the
political heresy uttered by the court.
Will any republican paper quote the
language which I have quoted above,
and then answer two questions?
FIRsT:-Is A CONSTITUTION A GOOD
THING FOR THE PEOPLE OF THE UNITED
STATES?
SECoND:-IF so, DO NOT THE PORTO
RIcANs ALSO NED A CONSTITUTION?
A special invitation is extended to
the editor of Postmaster General
Smiths paper to answer the questio ms,
but any republican paper, great or
small, conspicuous or obscure, is at
liberty to try. The Porto Ricans do
not elect the congress; we do, and yet
we have the protection of constitu-
ton while the Porto Ricans have none.
We can retire the members of congress
It we don't like their conduct, and yet
we have a constitution and the Porto
Ricans have none. The members of
congress are chosen from among us,
and they must live under the laws
which they make for us; the congress
men are not chosen from among the
Porto Ricans, and do not live under
the laws made for the Porto Ricans,
and yet we have constitution and the
Porto Ricans have none. If "there
are certain principles OF natural justice
inherent in the Anglo-Saxon character
which need no expression in constitu-
tions or statutes to give them effect or
to secure dependencies against legisla-
ton manifestly hostile to their real in
terests," why were the people of rev
dictionary days unwilling to rely upon
that natural justice?" If there
is no danger in Gan unrestrained pos
session Of power on the part Of con-
gress'' why were our forefathers so
careful to restrain the power? Has
human nature so changed as to make
unnecessary now the constitutional
limitations which were thought neces-
sary century ago?
Constitutional liberty has been at
tackled and the attack must be met at
once. The doctrine laid down by JUS
tice Brown is antagonistic to all that
the American people have been taught
to believe sacred. If we admit his ar
gument when applied to Porto Ricans,
upon what ground can we stand when
we claim for ourselves the protection
of the constitution or the bill of rights9
If the principle contended for by Justice
Brown is established for the govern
ment of colonies, it will by irresistible
logic become operative in the United
States. That the readers of The Com
moner may fortify their own views by
the wisdom of Thomas Jefferson, the
following extracts are made from his
writings as collected in that invalua-
kble volume ssThe Jeffersonian Cyclope-
az
1902 he wrote: Though written con
1tions may be violated in moments
sion or delusion, yet they furnish
% which those who are watch
again rally and recall the peo-
v fix, too, for the people the
hn convention has accepted
mendment, but as the Gu
accept it or fight, the ac-
r nation has not increased
for our people. But the re-
Is think love is unnecessary as