The San Francisco call., 1898-07-24

1t was not with the thought that from the circumstance was to grow a long discussion. Indeed, the space given me must prevent an answer of the inn posing verbal dimensions of that by which Publicola makes rejoinder. I am bound to say that his second paper evidences scholarly research, that it's arguments are, at casual reading, plausible; it's phraseology digniffed and even beautiful. But I cannot agree with it's conclusions. They impress as being of the heart rather than of the understanding. They are developed arbitrarily instead of crystallizing from fact, reason and elucidation. pa triot thinks certain things desirable for the land of his birth and his affection; he thinks certain lines will lead to these things. Such a patriot is Pub licola. It seems to me that while he wants the country to grow great, all the methods he prescribes are restric- tive. He would put 1t in a bottle, bid it expand, but by no means expeI the cork
 I do not wish any reader to regard me as posing as a constitutional law yer. I am able to swear to not being a lawyer of any sort, and as to famiI- iarity with the constitution can claim only such as any intelligent citizen should possess. hope I respect the constitution as deeply as does PubH
 cola, but I am not prepared to believe
 that the inteiligences conceiving and promulgating it could by less than mi raculous power have framed an instru- | all time, and applicable to conditions of which they had never dreamed. I do not think the world of to-day should be governed by hands long ago turned to dust, nor that In sudden emergen- cies we can be guided by precedent, when the whole scope of history af-
 lords no precedent. PubHcola says the boast T am a Roman" was once as proud as that 'I am an American" !" True. Yet equip the American with the knowledge he has by training and as a birthright, the tastes he has cul- tivated, and set him down among the glories of old Rome. He would view the barbaric magnificence, the narrow
 mental horizon, the crude mechanical devices, the uncouth populace, with the utmost contempt. Let us concede that we have advanced, that Rome is not a precedent.
 l Publicola asks a number of ques-
 tfons, first: 'Is 1t not true that the American Government, cemented by
 the Civil War, rests upon the consti-
 tution?" The American Government
 rests upon the constitution. It rests
 none the less securely because there have been amendments made to the constitution. The question implies more than can be sustained. That war left cruel rifts between~ sections. Ii
 is the war with Spain which has com
 pletely restored unity, swept aside the lingering hate tinged prejudice,
 brought us all with equal devotion, un- der a common flag.
 l Next, .Is it not true that the consti- tution Is the supreme law of the Iand?'' It is, and should be. AS the concrete expression of the will of the people it's sway Is only to be questioned by the people themselves. But if the will of people dead remain afterward to clash with the will of the living shall the liv- l ing have no voice? Publicola wants
 to know where authority is found to
 annex, conquer, hold or govern terri | tory which cannot be converted into | States. In section of the constitu- l tion, defining the powers of Congress, there is the authority for the declar- l ing of war and for making rules con- corning captures on land and water" :" The term used, as the lay mind appre-
 hends it. is a general one. The talk l ing of Santiago was a capture. The
 taking of Manila will be a capture.
 This strikes me as being authority enough, and susceptible of exercise
 without the rendlng of the constitution
 or the twisting awry of its intent.
 Pubicola admits the right to demand indemnity and to exact temporary se-
 curity. At what stage shall this right
 disappear? If Spain never pay would
 not the right be permanent? Then
 the dreaded thing-territorial expan-
 sion-would have taken place without
 jar
 The attempt of Publicola to draw a
 parallel between the acts of King l George. just before the revolution, and
 those of the United States now, was
 unhappy. how very unhappy I can not take the trouble to demonstrate in detail. We are not expressing any one. On the contrary, we are offering
 to alien races better government than
 they ever knew. Nor do I see why
 Publicola should have abolished the limitations of treason and so broad ened the crime as to make 1t embrace | all who do not think the constitution forbids change. or who, putting such construction upon it, are even ready to
 have the constitution changed. Ac- cording to his idea, although he does not definitely so state, Mckinley must be rated as a traitor. In word my opponent would have the Government supported just as it is made under his construction of the constitution, no abuse eradicated, no wrong redressed, no advancement possible save that tending to promote congestion at home. He says, five must lift humanity up to our ideals" How? By declining to come in contact with humanity. By leaving down -trodden peoples to writhe
 under oppression. If we stand on a l foundation so frail that we cannot