The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-08-18

strength of his arguments carried the
federal constitution against a defiant
majority in the New York convention;
when Webster by his majestic speech
inculcated in the hearts of Americans
that flaming spirit of nationality which
saved the union twice and will preserve
it forever, when Fessenden and Trum-
bull sacrificed their political futures to
rescue the great Office of the federal
executive from destruction they fur
nfShed examples for the lawyers of all
times to stand at all hazard for public
justice and for public honor.
But it seems to me that it would be
out of place for US today to undertake
to pronounce, as the organized repre-
SentatiVes of the American bar upon
the possible, but as yet unformulated
questions in diplomacy, in policy, and
in public law which will naturally fol-
low upon such mOmentOuS struggle
and such overwhelming victories by
sea and land. In the meantime I prefer,
as 1 hope you prefer, to rely upon the
wisdom and the patience, the courage
ana the nrmneSS, OF the president and
his constitutional advisers, who have
conducted the campaigns of our gallant
army and navy TO swift and sweeping
victory.
You will remember that only two
years ago in this very presence, the
lord chief justice of England in his
admirable discourse before you on ar
bitratiOn, declared, with your unani-
nous approval, that there may be even
greater calamities than war. and that
national dishOnor, is one of them. Now,
nothing can be more certain than that
we should have incurred real national
dishonOr if we had any longer refrained
from intervening for the rescue of our
oppressed and dOWn-trOdden neighbors.
The God of Battles and the judgment
of the nations have completely Vindi-
Gated that step, and 1 have no fear
that any ambition for dominion or any
lust Of glory will bring upon US any
calamity or dishOnOr whatever. In
terms of peace offered to our fallen and
PROSTATE foes have already demon
strated that. The constitutional power
to declare war is in congress, but the
equally important power to make peace
rests with the president, subject to the
subsequent approval of the senate as
to the terms Of the treaty. 1t rests
safely with him, and for one 1 am not
in favor of intruding upon him too
much outside advice and assistance.
The war of course, could not cease IN
til every foot of American soil was
purged of the last Vestige of Spanish
power: but in war, as in laws, the
beaten party must pay the costs, and
in settling the terms of peace. and
meeting the novel problems and the
serious and unexpected responsibilities,
which the triumph of our arms has i'm
posed upon US in both hemispheres, re
sponsibities which we can not sh1rk If
we would, and would not if we could,
the government must not be held TOO
rightly to purposes and expectations
declared before the commencement of
the war, and in utter ignornace of its
possible results. If that had been the
rule our fathers would never have been
permitted to declare and maintain their
independence, for it was only month
before the battle of Lexington, that
Franklin declared to Lord Chatham
that he had Travelled far and wide in
America and had found not one man
drunk or sober who was in favor of
independence. If that had been the
rule. the proclamation of emancipation
could never have been issued, and the
shame of slavery would still blot the
stars upon our flag, for at the outset
nothing was more distinctly declared
by Lincoln and his advisers, than that
slavery where it existed would not be
interfered with. In war, events change
the situation very rapidly"
Reports were made by the standing
committee on Jurisprudence and law
reform on judicial administration and
remedial procedure on legal education
and admission to the bar, on CONNER
ciaI law, on international law, on griev-
ance and on law reporting and digest