Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-06-16
Mo Jury

No Jury.
We are progressing like crawfish
backward There is a game which
do not understand played by sports
and semisports known as progressive
euchre. It appears now that we have
a game of progressive despotism. played
chiefly by the supreme court of the
United States, in which and by which
the constitution which the fathers of
the republic created is to be Whitfield
away little by little. 1t will be remem-
bered that only three or four years ago
there was great debate in congress
on the question whether, when we COB
bled up the Philippines, the constitu-
ton, ex proprio vigore, accompanied
the flag into them. All Democrats held
that it did. and SO did some of the great
est and best Republicans in the land.
But a majority of the two houses of
congress held otherwise and that none
Of the rights guaranteed to American
citizens in the constitution was ex-
tended to the Filipinos and the deni-
zens of our other territories appur-
tenant to the United State" save
the marlx-unless the constitution or
some portion of it should be extended
to them by act of congress! OF course
every man voting for or advocating
such an idiotic proposition stultifed
himself in the eyes of all intelligent
persons. 1t was hoped that the SUI
preme court of the United States would
hold that the constitution accompanies
the flag into all of our possessions
wheresoever situated and that all the
citizens thereof enjoy the principles
of liberty therein contained. But such
hopes were destroyed by the famous
five to four decision to the effect that
the constitution goes not with the flag
and goes not at all unless congress says
it shall.
That decision somewhat startled a
somnolent people, but as it was in gem
eral terms they soon ceased to discuss
it and speedily turned their minds to
the universal study of how to pile up
the dollars, whether they needed them
or not. A recent decision by the SUI
preme court of the United States, how
ever, to the effect that Filipinos are
not entitled to trial by jury is a con-
crete fact which may stir the public
mind until some results are obtained.
Mr.. Justice Harlan, appointed as Re-
publican and for twenty-five years on
the bench, declares in dissenting
opinion that the majority opinion prae-
tically adds a new amendment to the
constitution if it is permitted to stand,
and in SO declaring he does not over
state the case.
The right of trial by jury has been
considered for some thousand years by
English speaking peoples as one of the
sheet anchors of human freedom. In
fact, we have been in the habit of con-
sidering that and the writ of habeas
corpus as the bulwarks of our liberty,
and they are If the Filipinos are not
entitled to the former they are not
entitled to the latter, for our fathers
enjoyed the right of trial by jury sew
eral centuries before they forced the
privilege of the writ of habeas corpus
from an unwilling king. From the
landing at Jamestown both have been
the precious possessions Of Americans.
Now we, through our supreme court,
say that we are unwilling to practice
our own theory of freedom, theory
to establish and maintain which thou
sands of the flower Of the human race
gave up their lives. By so doing we
make ourselves the laughingStOck of
the civilized world. No doubt emper-
ors, kings, princes and potentates chuc-
kle when they reflect on what asses we
are making of ourselves. If the Fill
pinos are not entitled to trial by jury
and the writ of habeas corpus, they
are slaves to an American despotism,
for there is no genuine freedom with
out them.