Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-06-28
Has an Old Familiar Sound.

The supreme court of the United
States has decided that the right of
trial by jury does not exist in the
Philippines. The position of the court
is. that the rights guaranteed by the
constitution of this country do not
prevail for the people of those islands
in the absence of legislation by con
gress securing to them such rights.
The assumption is that the people in
those colonies are not sufficiently adj
vanced to be fitted for trial by the
jury system.
This is entirely consistent with the
policy of colonial Imperialism which
has been established and pursued by
this government since the acquisition
of the islands The republican theory
is that the islands are held as outlying
territory, subject TO such legislation
as congress may impose upon them;
that the people are not citizens, en-
titled to equal rights with Americans:
but that they are an alien people, and
practically subjects. with whom this
government can deal as it sees fit.
Under some future administration
the Filipinos may be granted such fun
damental rights as trial by jury, but
under republican administrations they
must be contented 10 live under the
protection of the flag which. however.
guarantees them no constitutional
rights.
Trial by jury has been regarded by
the Americans as one of the bulwarks
of liberty. 1t was the denial of this
sacred right by King George that con
stituted one of the chief causes of the
American revolution. 1t secures 10 ev-
cry man. irrespective of rank or CON
dition, the right to be tried when
charged with crimes against life or
property. by body of his peers. men
who are supposed to be disposed to
examine the charges without class
prejudice, and to render verdict in
accordance with the facts. That right
was obtained by our English forefath-
ers, only after n long struggle: and il
is priced by Americans among those
fundamental rights, the enjoyment of
which distinguishes us from those
countries in which the population is
a subject class. whose fate may be
determined entirely by despotic aU.
thority.
Judge Harlan. in his dissenting
opinion. uttered some wise words. He
said: The guarantees for the proteC-
ton of life, liberty, and property en-
bodied in the constitution. were for the
benefit of all, of whatever race or
nativity. either in the states compos-
ing the Union or in any territory
however acquired, over which, and for
the independence of which, the United
States may exercise the power con-
4 Il ion,
The fair-minded Justice, continuing
said: The conclusion reached by
the court is so obviously forbidden
by the constitution, that | cannot re-
gard the Judgment of this court 9th
erwise than as an amendment TO the
constitution. by judicial action. when
another mode OF amendment in eX-
pressly provided for in that instance"
The judge, while admitting that trial
by jury might sometimes be incon-
venient in the administration of GRIM
inal justice in the Philippines. observ-
ed: We knew that when we acquired
them by treaty and he maintained
that such inconvenience were of
slight moment compared with the dan
ger of judicial amendments TO the
constitution
We are not surprised at this decis-
ion 1t is entirely in keeping with
previous decisions of the supreme
court, and. probably, subsequent decis-
ions will be of the same tenor. based
upon these precedents. The only hope
now is for a democratic congress. and
Il democratic administration under
which the Fiiipinos can be given. if
not ah-olrte independence, full rights
as American citizens. As Macaulav.
the historian, said. the way to pre-
pare a people for liberty is to give
them liberty the same as we prepare
n people who have been concealed