The San Francisco call., 1898-12-24
THE CONSTITUTION oUToRoWN.

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 from the annexation of Hawaii to the conquest
 of the Philippines, feeble attempt has been made to defend that policy constitutional grounds No argument of that kind so far made has appealed to constitutional lawyers The late Judge Cooley pressy denied constitutional for colonial auisition Ex-Senator Edmunds and Senator Hoar take the same view Indeed the constitutional gument IS so obviously against taking and holding these tropical conquests that its advocates aban doning that view entirely.
 In speech this week at the banquet of the New England Society General Merritt sad ''We have outgrown the constitution. It is not worth while to discuss it." That IS very short statement Of very great matter. It should be soundly pondered by the American people, It is the declaration of a soldier that Federal constitution is obsolete and beneath the courtesy of discusson A year ago major general of the United States army no soldier in uni form would have dared make such declaration. It is an expression of military contempt for civil gov ernment It shows that the same spirit is in most military men that was in Alarc the Goth, Attila the Hun, and many leaders of armies from the beginning That spirit has been reused by the appointment of Military Governors for these tropical islands, who to rule by the force of great army backing them Our Government organized as to subordinate the military to the civil power. There be without declaration by the civil authority vested in Congress. The constitution provides that Congress shall raise and support armies, but shall make ap propriaton for that purpose longer than term of two years and that Congress shall have the power to provide navy and make rules and regulations for the government of the land and naval forces. Such au- thority in the civil government has always chafed military commanders and they have seldom failed to overthrow 1t when state of gave them the op- portunity.
 The advocates of imperialism in Congress have all ready addressed the country ervidly upon the exten sion of our institutions and the blessings of form of government to the tropical But must not be forgotten that those institutions and blessings have their origin in the constitution and nowhere else Withdraw that and they fall with 1t. They can no longer exist at home, nor be extended abroad. Obso ete the constitution and every judicial court to be- Every judicial safeguard of person and prop erty falls to the ground. All the civil rights enjoyed by our people cease when their source the consttu ton, ceases to be-
 Under these circumstances this soldier comes home after three weeks in Manila to inform that have outgrown the constitution, which no longer merits discusson This only mean that the country has grown out of its organic and fundamental law, and that it has cast off its form of civil government like worn-out garment But this major-general does not suggest that in outgrowing the constitution have
 
 old constitution having ceased to deserve respect discussion the titular military Governor General of the Philippines, the successor of Weyler in those islands who informs us of the fact does not suggest that we have clothed us in the abundant gar ments of another form Of civil government. A sol der's sword follows and cuts where his word has gone before. Having uttered the word of disrespect and contempt for civil government, he does not compromise his military position and view by indi- eating that any other form of civil power is installed in its place Granting his judgment good to the failure and ougrowth of the fundamental law, notll ing is left but military government by the army or civil and social chaos.
 At the close of our Revolution there a great commander at the head of the Continental army It was plastic in his hands and the country ready c accept what he dictated There was no constitution to limit him. no at hority equal to the task of curb ing his army or subordinatng 1t to the civil power Continental Congress had made him the head of the army without limit to his commission But that com mander had conscience and patriotic spirit, which supplied the limitations that externally lacking Meeting the Continental Congress in session in the old Courthouse at Annapolis, body feeble in power and authority that would have dispersed at of his sword Washington handed that sword back and resigned the commission which gave him the right to bear it.
 When Miffn, the President of that Congress, re- ceived Washngton's sword and commission, the civil power advanced to primacy of the military power, the foundation of the constitution was laid, and the in- sttutons of freedom were planted thereon.
 In less than six score years from that scene told by professional soldier that have no civil government and freedom no foundation!