Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-05-14
UN.AMERICANISM
LIMITATIONS OF JUSTICE IN The
CANAL Zone,
policy of Imperialism Presents Seri-
Gus Questions. An American
Citizen Has Always Been Guaran.
teed the Right of Trial by Jury by
the Constitution.

Governor Magoon, OF the canal zone,
testifying before the senate committee
on canals was asked by Senator Morgan
whether the courts as constituted by the
isthmian canal commission could deny
to an American citizen his inherent right
to trial By jury when charged with a
capital otfense.
Governor Magoon said that presented
"a serious question"
The Associated Press report says:
"In a general discussion Of the subject
Senator Knox said he should not like to
decide what the ruling Of the United
States supreme court would be in this
matter. Jury trials are not had in the
canal zone. nor in the Philippines, and
in the latter the supreme court had up
held the system as applied to the trial OF
a native Filipino. Senator Knox said
he could not say what the decision would
be if an American, going to possessions
of the United States, was tried and con.
victed in like manner.
Under imperialism all manner OF I'M
Amercanisms are possible. 1t is likely
that the supreme court as at present
constituted would sustain the UNI Amerl.
can practice in the canal zone just az it
did in the Philippines. But it will re.
ouire more than supreme court decision
TO convince the average studefit OF
American institutions that denial OF the
tight of trial by jury, rs guaranteed in
the constitution and emphasized in an
amendment thereto. is justified.
Until we embraced the spirit of i'm.
perialism the guarantee OF the right OF
trial by jury was always regarded as
very important constitutional provision.
Mr.. Jefferson referred to it as one OF
1.-THE letters against doing evil which no
honest government should decline"
In a letter to Thomas Paine, Mr.. JET.
ferson said: II consider trial by jury as
the only anchor ever yet imagined by
man by which government can be held
to the principles OF its constitution"
In the declaration on taking up arms,
it WAS complained Of parliament by the
American colonists that "they have de-
prived us OF the inestimable privilege of
trial by jury OF the vicinage in cases
affecting both life and property"
Among the complaints enumerated in
the Declaration Of Independence, lie that
King George Was guilty of "depriving us
in many cases Of the benefits OF trial by
jury"
In the reply to Lord North's PROPOSE.
ton that proposition was said to be
altogether unsatisfactory" because it
"takes from US the right OF trial by
jury OF the vicinage in cases affecting
both life and property"
In his first inaugural address President
Jefferson said: "Trials by juries impair.
TALLY selected l deem one of the essen
tial principles of our government and
consequently one which ought to shape
it's administi ation." In letter to DR..
Price, Mr.. Jefferson said: 81 doubt
whether France will obtain in it's pro-
posed constitution. the trial by jury, be-
canse they are not sensible of its value
Another time Mr.. Jefferson eaid: Trial
by jury is the best of all safeguards for
the person, property, and the fame Of
every individual" At another time he
said: "By declaration of rights mean
one which shall stipulate trials 10y jury
in all cases"
The republican platform OF 1900 prom.
Used to the people OF our new possessions