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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (July 19, 1901)
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Brown On Citizenship.
One of the remarkable features about Jus
tice Brown's opinion in the Porto Rican case
has escaped general observation. After
saying "in short the constitution deals with
' states, their people and their representatives,"
Justice Brown proceeded in his effort to sus
tain this view. Ho pointed out that the 13th
amendment to the constitution, prohibiting
slavery aud involuntary servitude 'within the
United States or any place subject to their ju
risdiction," is "also signiiicant as showing that
there may bo places within the jurisdiction of
tho United States that are no part of the
Justice Brown laid great stress upon the
fact that the words "or any place subject to
their jurisdiction" were used in the 18th
amendment, and in ordor to strengthen his po
sition he pointed to the language of tho 14th
amendment, saying, "upon the" other hand tho
14th amendment, upon the subject of citizen
ship declares 'all persons born or naturalized in
the United States and subject to the jurisdic
tion thereof are citizens of the United States
and of tho states wherein they reside.'"
Then Justice Brown said: "Hero is a limit
ation to persons bom or naturalized in tho
United States which s not extended to 'any
placo subject to their jurisdiction 1' "
.'. t Now when wo . remember that Justice
Brown has held that "the United States"
vmoans the states, and when wo observe that
Justice Brown has emphasized the fact that
the constitutional clause relating to citizenship
is limited to persons born or naturalized in the
United States and is not extended to any place
in their jurisdiction, then we may suspect that
under the interpretation of Mr. Justice Brown
. ainah born in the District of Columbia or in
' "any of our territories would not bo oligible to
the office of president.
Under that interpretation a man born in
the District of Columbia or any of our terri
tories, and moving into one of the states, must
take the oath of allegiance and go through the
formal process of naturalization exactly as a
foreigner would do. To be sure thiB seems
ridiculous. And yet it must be remembered
that "wo are dealing with an absurd judicial
opinion; and wo think it fair to Bay that iTus
lice Brown has made it clear in this holding
v that only citizens of states are citizens of the
' ; United States, except where congress has ex-
. pressly made them citizens.
England and Ireland.
A reader of The Coatmoneii has enquired
whether there is any difference between the cit
izens of Ireland and tho citizens of England in
respect to rights enjoyed under the go vernmen,t
ot threat Britain. This subject was recently
discussed editorially in Mr. Finerty's paper,
The Citizen, of Chicago. Tho followincroori-
densation of tho Citizen's editorial not only
.answers the inquiry but shows -the necessity
for a written constitution to protect tho rights
"of citizens (oV -subjects either for that matter).
The Citizen says: '
"Tho following are 'some, of the differences be
:,tweon British law as administered In Great Britain
and the laws that govern Ireland:
"In Great Britain the people have the right of
public meeting, In-Ireland public meetings are
enbject to 4he good will a? magistrates, who are
almost invariably opposed to tho 'politics! senti
ment of the people.
"In Great Britain volunteors for the defense
of tho country are encouraged. In Ireland they
,are forbidden. In Great Britain young men can
form military, corps and drill when and where they
please. In Ireland to do so would constitute tho
crime of treason felony. In Great Britain ovpry
man has the right to bear arms. In Ireland only
those licensed for that purpose can own a weapon
of any description. To obtain a license- is ex
ceedingly difficult for a man with Irish national
sentiments. Vendors of firearms aro obliged to
keep a register of sales for the inspection of the
police, giving name and address of purchasers.
"In Great Britain the judiciary is beyond the
pollution of politics; the judges once appointed to
any one grade of tho judiciary canndt be promoted
to a higher one, they aro thus independent of the
government, and not tempted by hope of further
judicial rewards to be subservient to any political
party. In Ireland political service opens the way
to tho bench; and, as a judge can be promoted
from the lowest to the highest grade in the judic- ,
iary, it has been proven by experience that to stand
well with the government is a much higher recom
mendation for promotion than knowledge of the
law. Hence in any question at issue between tho
people and the government, bitter experience has
proved the more than fiias of the judges in favor
of the government. In Great Britain packing of
juries is unknown. In Ireland in all cases that
hinge, however so remotely, upon social and politi
cal conditions the packing of juries is practiced
with an almost open contempt for public opinion.
"In Great Britain the public peace is main
tained by peace officers in large cities and by con
stables in country villages a regular police force,
just as we have it in America, only the carrying of
revolvers by policemen is more restricted. In Ire
land the so-called police force is a standing army
of 15,000 men, armed, equipped, and drilled, just the
same as regular soldiers, and for which the Irish
people have to pay about $7,000,000 per annum
all this in face of the fact that Ireland is absolutely
the most crimeless country in Europe, the only
country where the judges of assize are so frequent
ly presented by the county sheriffs with white
gloves as a token of a blank criminal calendar.
"In Great Britain, with the exception of certain
districts of Scotland, the relations between land
lord and tenant do not resemble those that pre
vail in Ireland. Ireland has a peasantry, that is,
a class of small farmers. England has none. . Her
military history is just now proving the truth of
111 fares the land to hastening ills a prey .
Where wealth accumulates and men decay.
Princes and lords may flourish, or may fade,
A breath can make them as a breath has made;
wBut a bold peasantry, their country's pride,.
When once destroyed can never be supplied.
"English greed destroyed . the English peas
antry. English farms are large, the farmer looks
upon it as a mere agricultural plant for the prose-,
cution of his business. The farm is not to him
what tho few acres of ground mean to the Irish
man, or did 'mean to the expatriated Scottish High
lander. If it does not suit him he readily seeks
another. The landlord provides house and offices,
fences, gates and drains; the tenant simply culti
vates the land, and the rent is mutually agreed
upon on the basis of agricultural prospects and
prices. In Ireland, as a general rule, the land
lord never expends a penny upon the farms. The
tenants build houses, fences and drains and until
the passage of the compensation for disturbance
bill, when the tenants were evicted, the value of
tho improvements were confiscated to the landlord.
At the present time the rents are not based on the
productive capacity of the land, nor upon the prices
of produce, but where they are not arbitrarily im
posed by tho landlord, they are judicially im
posed by a land court to run for a certain num
ber of years independent of crops or prices. When
it is understood that the Irish farmer's Cottage and
few acres attached have been the home of his
fathers for generations, the land is perhaps the
confiscated property of his ancestors, or communal
land of his clan, he is far from occupying the posi
- tion of,the English farmer as a free contracting
party; The Englishman is rarely hampered by
local and traditional ties.
. "In thd legislature English and Scotch meas
ures aro discussed upon their merits. Irish meas
ures are treated with absolute contempt. Irish, rep
resentatives stand 103 against 58 British, and the
odds are rendered more hostile by bitter national
hate. When Isaac Butt was leader of the Irish
party he brought in 100 bills of the first importance
to Irish national and industrial affairs. In every
case he was backed by a majority of the Irish
members. Every single bill was thrown out. It is
just the same today, and the Irish representative
is forced to conceive a feeling of contempt for a
majority that seems to take pleasure in treating
Irishmen with the cowardly brutality of unreason
"In 1800 Ireland's national debt, including the
amount charged up to her as the price paid by
England to carry the union, was 26,41,219. Eng
land's debt at the same time was 420,305,210. By
a clause in the Act of Union, on this basis, tho ox
chequers of the two nations were to be kept sep-
arate. In 181G this treaty was broken. The two
exchequers were consolidated, and Ireland's share'
was put down at 110,730,511). First robbery!'
'On the question of England's overtaxation of
the Irish 'let the English tory paper, "the Saturday
Roview of July 25, 1896, make the confession of
thqsecond robbery. ' '
" 'The royal commission appointed to inquire
into the financial relations of Great Britain and
Ireland published its report several weeks ago.
Ten out of the thirteen commissioners agree that
we have taken 2,750,000 a year more from Ireland
than Ireland ought to have paid. And this fleecing
of England's weaker sister has been going on at
this rate for something like half a century. Ac
cording to the finding of a commission, mainly
composed of Englishmen, we owe Ireland consid
erably over 100,000,000.'
"In point of fact it is nearer to 150,000,000.
Think of it a little island less than half the size
of Nebraska robbed of $750,000,000 in fifty years of
the late Queen Victoria's reign and that through
only one source of plunder overtaxation.
"In Great Britain, a Protestant country, the
vast majority of government officials are of the
Protestant faith. In Ireland, a Catholic country,
the vast majority of the officeholders holding un
der the crown are selected from the Protestant
minority, and especially Is this discrimination
found in the magistracy. In Great Britain great
universities founded by Catholics are now Protes
tant institutions endowed by the state, but when
the Catholics of Ireland ask for the endowment
of a Catholic university they are refused.
"Evidently a different set of principles gov
erns the administration of the law in Ireland from
that which prevails in Great Britain, and the dif
ference illustrates the wonderful elasticity of that
intangible thing called the British constitution,"
The American Flag. ,
JosErn Rodman Drake.
When Freedom, from her mountain height;
Unfurled her standard to the air,
She tore the azure robe of night, .
;,.And set the stars of glory there! .
She- mingled with its gorgeous 'dyes
The milky baldric of the skies,
And striped its pure, celestial white
.With streakings of the morning light;
.Then, from his mansion in the., sun,.. (
bne called her eagle-bearer down, "
And gave into his mighty hand -
The symbol of her chosen land. ...
Majestic monarch of the cloud!
Who rear'st aloft thy regal form, v
To hear the tempest trumping loud, ...
And see the lightning lances driven,
When strive the warriors of the storm,
And rolls the thunder-drum of heaven
Child of the Sun! to thee 'tis given
To guard the banner of the free, .4
To hover in the sulphur smoke, ., c
To ward away the battle stroke, ."'?
And bid its Mendings shine afar.
.Like rainbows on the cloud of war,
.The harbingers of victory!
Flag of 4the brave! thy folds shall fly,
The sigh of hope and triumph high!
When speaks the signal-trumpet tone,
-ana me long nne comes gleaming on,
Ere yet the life-blood, warm and wet, -Has
dimmed the glistening bayonet, .
Each soldier's eye shall brightly turn;-.
To where thy sky-born glories burn, . -And,
as his springing steps advance, ''
' Catch war and vengeance from the glance.
And when the cannon-mouthings loud -Heave
in wild wreaths the battle shroud,.
And gory, sabres rise and fall
Like shoots of flame on midnight's pall, - '
Then shall thy meteor glances glow,
And cowering foes shall shrink beneath '
Each gallant arm that strikes below . :',-. .
That lovely messenger of death,
Flag of the seas! on ocean wave ' ';
Thy stars shall glitter o'er the brave;' vr"-'
When death, careering on the gale,
Sweeps darkly round the bellied sail, .!. ...
And-frighted waves rush wildly back ''."' :
Before the broadside's reeling rack, '
Each dying wanderer of tho sea
Shall look at once to heaven and thee,
. And smile to see thy splendors fly;
In triumph o'er his closing eye.
Flag of tho free heart's hope and home; ;
. By angel hands to valor given! , ":
Tliy &tars have lit the welkin dome, ' '
'.And all thy hues were born in heaven. ",t
Forever float that standard Bheet! ..
.'Where breathes the foe but falls before us;, ,
With Freedom's soil beneath our feet, ;
And Freedom's banner streaming o'er us!j