The herald., 1896-08-28

There was an impulsive response tc
an imprisoned speech that selected the
nominee. Not amid such surrounding
as that, not under such influences are
those calm. discreet things done that
will commend themselves to the judg-
ment of the people. (Applause) They
denounce in their platform interference
by federal authorities in the local af-
fairs as violation of the constitution of
the United States and q crime against
1 free institutions. Mr. Tillman, in his
speech, approved this declaration. 1t
| was intended to be in words of direct
condemnation of Mr.. Cleveland, as pres
ident of the United States, for using the
! power of the executive to brush out of
| the way every obstacle to the free pas
sage of the mail trains and interstate
commerce. And, my friends, whenever
our people approve the choice of pres
ident who believes he must ask Gov.
| Altgeld or any other governor of any
state permission to enforce the laws of
the United States, we have surrendered
the victory the boys won in 1861.
| Great applause.)
Once we were told a grave question
was raised whether the United States
could pass it's troops through Kentucky
| to meet rebel army in Tennessee. My
friends, this constitutional question
| this division between the general and To-
cal authorities, is plain and easy one
A disturbance which is purely local in
state is a state affair. The president
cannot send troops or lend any aid un-
| less the 1eCfc11 n Fl, 1Te L;
help, or, if the legislature is not in .es-
Sion the governor; but when a law of
! the United States is invaded and broken.
it is the sworn duty of the president to
execute it. and this convention arraigns
! the president for doing what his office
compelled him to do. (Applause)
Comrades of the great war for the
union, sons of those who went out to
battle that the flag might not lose it's
luster, will we consent after these years
(Cries Of mo, no") that the doctrine
that was hot to death in the great war
shall be revived and made victorious
in civil campaign? (Cries of No no.")
But this assault does not end there
The supreme court of the United States
an dthe federal lower courts are arraign-
ed because they use the familiar writ
of injunction to suppress violence-to
restrain men from breaking the laws
and to show you what the platform
means, l will tell you that it was un-
derstood In the convention and the COM
mttee on resolutions that the Demo-
cratic policy was that when the supreme
court, exercising its constitutional DOW
er and duty, gave an Interpretation to
d law of the United States that was
not pleasing to congress, they would in
crease the number of judges and pack
the court to get a decision to please
them. (Applause.) My friends, our
fathsrs who framed this government
divided its great powers between three
departments, the legislative, the ex-
ecQtive and the judicial. 1t sought to
make these independent, the one of the
others, so neither might overshadow or
destroy the other. The supreme court,
the most dignitied judicial body in the
world (applause) was appointed to in
terpret the laws and the constitution.
and When that court pronources de-
cree as to the powers of congress or
as to any other constitutional question,
there is but ore right method if we disa-
gree, and that is the method pointed out
by the constitution, to amend it to con-
form to our views. Mr. Hill said in his
speech on this assault upon this court:
That provision, if it means anything,
means that it is the duty of congress to
reconstruct the supreme court of the
country. 1t means" and now note his
words land it was openly avowed that
1t means. the adding Of additional num-
bers to it or the turning out of office
and reconstructing of the whole court.
I will not follow any such revolutionary
step as that"
You are to answer, then. my friends
and fellow-citizens, in all the gravity of
a great crisis, whether you will sustain
party that proposes to destroy the,
balance which our fathers instituted in
our form of government. and wherever
a .tumultuous congress does not agree
with the supreme court, and a subserv-
lent president is in the White House,
that the judgment of the people shall
be reconsidered and reversed by in
creasing the number of judges and pack,
ing the court with men who will decide
as congress wants them to do. l cannot
SHoe SAoeSi eiAC etNlty anu
of this assault upon our constitutional
form of government.
One of the kindest and most discrim-
mating critics who ever wrote with a
foreign pen about American affairs,
Mr.. Brice, in his American Common
wealth, pointed out this danger that
the constitution did not fix the number
of the supreme court judges, and it was
possible for a reckless congress and a
reckless executive to subordinate and
practically destroy the supreme court
by the process I have just described,
and the Englishman, after speaking of
this, says: What prevents such as
saults on the fundamental law? Moth
ing but the fear of the people, whose
broad good sense and attachment to the
principles of the constitution may be
generally relied on to condemn such
perversion of its powers" (Applause)
Our English friend did not misjudge
think, the sound good sense of the,
American people when an issue like this
is to be presented, whatever the question
is, whether Mr. Bryan's view of the con-
stitutional question shall prevail or that
of the august tribunal appointed by the
constitution to settle it. The rich and
powerful have other resources, but the
poor have not. The high-nlinded, inde-