The times. [volume] (Richmond, Va.) 1890-1903, 1898-07-13

ton and not to the abuse or misuse OF
powers. This error may be partly due
% a Misrepresentation. Within the sphere
assigned 10 It,. the Federal government
IS said 10 have all the attributes OF SOW
ereignty. In executive and political az
fairs the President and Congress are the
Federal government. The courts cannot
question or control what they do, but
must accept IL I'm all matters which do
not directly affect guaranteed private
rights. Other countries are obliged by
the essential principle OF the law OF ma
lions 10 treat our government as sOver-
eign like themselves They cannot raise
questions Of its authority because 10 DO
so would be 20 challenge its sovereignty
Our Constitution IS not officially known
to other nations.
'But this idea OF the sovereignty OF
our government disappears when It's re-
lations to the people are involved. Theirs
is the only sovereignty, none the less
supreme because not always In action.
THE GOVERNMENT THE NATION.
Whatever the government does I'm all
public and foreign affairs is the act OF
the nation. The parts OF the Constitution
which relate 20 them have no present as
surance save IN the conscience OF the
President and Congress. There is event
ually an appeal TO the people, who can
punish. but often cannot prevent. What
is done may In some cases be undone
The distorted lines OF the law may be set
straight again Until then. what Is done
remains. and we must abide tho 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 government
no power is or can be set in immediate
control OF what those servants DO does
not operate TO increase their authority.
though some seem 10 think IL does We
are beginning TO hear new style OF an
argument-'What are you going 70 DO
about IT, Constitutional government can
not long endure n it's operations be COM
mitted TO men who see no difference be-
tween a right to do a thing and the
power to do Il with a good chance.
"The plan and purpose OF our Union
might be entirely perverted by a wrong
full use OF the power entrusted 10 the
Federal government merely to enable IL
to carry them out.
"No Limitation Is expressed OF the war
power May Congress involve us In
war FOR mere conquest Ut oPPt'So'O'A
Might our forces have been sent 20 ale
Spain instead Of the Cubans? The terms
which give the power 70 make treaties
are broad. May we join with Russia and
Germany 10 restore the Bourbons TO the
throne Of France?
THE POWER OF CONGRESS.
"The powers to admit new States Is
general. May Congress admit Indian
tribes or Mexico. or the South American
republics. or Switzerland, as States OF
the Union?
The power to dispose OF our territory
Is not restricted in terms. May Congress
grant Arizona TO Japan. or Oklahoma to
China?
"These are all extreme cases. but they
merely enlarge our Views OF the subject
we are testing.
Surely none OF these things could be
done consistently with the Constitution.
And this Is because our government Is
not absolute. even In the exercise OF the
powers delegated 10 Il. but Is bound to
use them only to further the design OF its
founders.
THAT design was 20 secure the bless
ings of liberty TO them and their de
scendants By means OF more perfect
union OF the unities founded and TO De
founded by them on this continent II
Is new States which may be admitted.
not other States, They are Tho United