The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-13

tablished for themselves a plan OF gov
eminent The objects to be effected
are clearly set forth. The scope and
design OF the instrument are plain.
They chose agents. for them and in
their name, to accomplish such pur-
poses by the exercise Of certain pow
ers entrusted to them. These agents
may be false TO their trust by using
those powers for different ends, or 30
as to alter the scope and design of the
enterprise. as well as by doing what
they are not authorized to do at all.
9TH idea seems 10 be somewhat
common hat obligation to support the
constitution merely refers to the usur-
patton and not TO the abuse or misuse
of powers. This error may be partly
due to a Misrepresentation. Within the
sphere assigned to IL. the federal gov
eminent Is said to have all the at
tributes of sovereignty. In executive
and political affairs the president and
congress are the federal government.
The courts cannot question or control
what they do. but must accept 1t in
all matters which do not directly af-
feet guaranteed private rights. Other
countries are obliged by the essential
principle of the law of nations 10 treat
our government as sovereign like them
selves. They annot raise questions OF
it's authority, because to do so would
DC W ~ ~
constitution is not officially known TO
other nations.
But this idea of the sovereignty Of
our government disappears when its
relations TO the people are involved.
Theirs Is the only sovereignty, none
the less supreme because not always
in action.
Whatever the government does IN
all public and foreign affairs is the act
of TIE nation. The parts Of the con-
stitution which relat to them have no
present assurance nave In the con-
science of the president and congress.
There is eventually an appeal to the
people, who can punish but often can
not prevent. What is done may in
some cases be undone TIE distorted
lines 90 .he law may be set straight
again. Until then, what is done re-
mains. and we must abide the conse-
quence.
But we are now discussing. on the
side of the people, action proposed for
servant, not for a sovereign. And the
fact that from the nature of govern
ment no power is or can be set in i'm
mediate control of what those servants
do, does not operate to increase theft
authority, though some seem to think
it does. We are beginning to hear a
new style of an argument-'What are
you going 70 do about it?' Constitu-
tlOndl kONeTnfiltnl Cduupl lphS tlAiuAt
IL it's operations be committed to men
who see no difference between a right
to do a thing and the power to do it
with a good chance.
THE plan and purpose of our union
might be entirely perverted by n
wrongful use of the power entrusted
to the federal government merely to
enable IL to carry them out.
mo Limitation is expressed of the
war power. May ngress involve us
in a war for mere conquest or oppres-
sion? Might our forces have been sent
to aid Spain instead of the Cubans"
The terms which give the power to
make treaties are broad May we join
with Russia n Germany to restore
the Bourbons to the throne of France
THE power to admit new states is
general. May congress admit Indian
tribes, or Mexico, or the South Amer
lean republics, or Switzerland, as
states of the union?
The power to dispose of N terri
tory is not restricted in terms. May
congress Grant Arizona to japan. or
Oklahoma to Gilman
These are all extreme cases, but
hey merely enlarge our view of the
subject we are testing.
Surely none of these things could he
done consistently with the constitution.
And this is because our government is
not absolute even in the exercise of
the powers delegated to 1t, but is
bound to use them only to further the
design of it's founders.
That design was to secure the
blessings of liberty to them and
their descendants by means OF a
more perfect union of the com
munities founded n to be found
ed by them on this continent. IL
is new states which may be admitted
not other states. They are The United
States of America Their mission is
peace. Common defense against inva-
sion and protection against domestic
violence are provided. There Is no hint
of aggression or domination.
The clause to provide for the gem
eral welfare which is often appealed
to, is not mentioned in the body of
the constitution except as one of the
for which taxes may be lew
led, One of the strongest arguments
against the adoption of the instrument
advanced by George Mason and others
was that this clause gave unlimited
authority to employ the powers grant
ed to do whatever congress might
think best for the country. A king
could be no greater. But since Jeffer-
son and Hamilton agreed that Ii mere
ly related to taxation, no recognized
authority has claimed more for IL. IL
was taken from the articles of confed-
Grafton, where IL certainly had no sucf
royal scope as some have sought tc
give Ii in the constitution.
"If those who drew and adopted the
constitution meant to grant the power
of acquisition at all, IL was only by i'm
plication, and every expression, every
circumstance of its history show II
was merely to make room at home for
our own people-for growth to the visi-
bic boundaries which nature marks fol-
every great nation, outside Of which
IL can only go as a conqueror. Nero
expansion is not growth. 1t Is only
swelling. We may push across tbs
seas but we cannot grow there. Ele'
~phantiasis is not an unknown form oil
national malady, and has always
proved fatal. There are still chapter:
of English history TO be written.
The power TO govern territory AM
hat for the admission of new states
are Joined in a section by themselves
Tba foruar was MAINLY intended as 1T