The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-12
(special Correspondencel

was one Of the ablest efforts made il
The entire debate upon that subject. L
was carefully listened to, and is regard
ed as having put the Utah senator fal
TO the front among the great constitu'
tional lawyers Of the senate. The AS
ISOLATED Press has heretofore carried
10 all its newspapers a handsome &C
count OF the speech. But for the con-
stituents of Senator Rawlins the bril-
liant effort of that gentleman is here
With given in full by The Herald.
Senator Rawlins said; The atmos-
phere Just now seems to be clOuded
with pefplexing problems. Everyone,
presume. is imbued with wish to adj
here to justice and do the best he can
for his country. Heretofore l have not
been opposed to expansion. This nation
has been one of growth in population
from 100000 to 75,000,000 people, and
III territory from the shores of the At
lantic across the continent into the
swelling waters Of the Pacific. Millions
of homes of our sturdy and patriotic
people and magnificent states have
been the fruits of our expansion. Some
OF us cannot afford to cut the limb
which supports US between ourselves
and the trunk Of the tree.
Territorial expansion with Commen-
surate extension of constitutional free
dom is twice blessed. 1t bleSseS them
that give and them that receive. No
man can set an artificial barrier to the
inevitable progress of the American
people. So far our progress has been
that Of freedom, and not of tyranny.
Mr.. President. when our fathers
christened this republic they gave il a
name which they doubtless deemed suf-
ticient TO cover all the exigencies and
developments of its future career. That
name was the United States OF Amer
lea We might stretch out to the north
and to the south until we encompassed
the two continents and all the islands
of the Caribbean sea, and still we might
appropriately bear the name which our
fathers gave US.
Mr.. President, the mere idea of eX-
pansion, Of extending our borders, does
not alarm me so much as some Of the
startling doctrines advanced in its JUS
tlfica ton. We are today confronted
nth the question as 10 whether we
shall change the name of the republic;
and, if so, what shall the new name be,
and what shall it symbolic? Shall it be
the United States OF America and the
Kingdom of the Philippines, or shall it
be the Empire of America and Asia?
Already there are spectral visions of
shis in the political sky.
Il is not necessary, in order 10 uphold
tie right and power of this government
10 acquire territory, to hold territory,
and govern its inhabitants. TO maintain
llidl lIiiS Is al dDSOlulE IlOndECtN OI
an imperial despotism. The right to
acquire and hold property is an ordi-
nary one. 1t belongs to every private
individual 1t is incident to the exist
ence of every corporation. whether pub
lie or private, with the implied limita-
zion that il must be to subserve the OBJ
jects and purposes Of the corporation
This nation possesses that power No
sane disputes it. But it is a power not
existing independent of and apart from
the constitution. but is deriVative from
the express authority which that in
strument cOnferS upon the federal gov
ernment.
This being an implied power. there
are, of course, no express limitations
upon it, but there is always the implied
one that the territory acquired must
be to subSerVe some of the great OBJ
jectS and ends for which the govern
ment itself was created.
If we should concede for the purposes
of the argument that the power to ac-
quire and to hold territory was unlim-
tied. it would by no means follow as
an implication from that, or as q cor
relative proposition, that this nation
would have absolute and uncontrolled
power over the inhabitants which
would thereby become subject to our
jurisdiction by reason of the acquisi-
ton Of such territory. The arm of this
nation, so potent for purposes Of ag-
erosion or defense against a foreign
foe, becomes impotent the moment it
is turned TO the oppression of any of 1
our people. whether living in a state
or in territory.
CONSTITUTION HERMENEUTTCS
MIR. President. there have been two !
schools of political thought in this ,
country. Both, l understand, have {
agreed that the constitution is the pe0- I
of na
of the United States. They have diff /
fered only as to the latitude of the /
construction of the grant. Both alike /
have agreed that all power not grant /
ed according to the one view of inter 8
probation or the other and not pr0hib- /
tied by the constitution and its amend /
mentS to the state is reserved TO the /
states and 10 the people. But a new
school OF constitutional hermeneutics
seems to have arisen in the person of /
the distinguished senator from Con-
necticuL tAIr. PLATE. l quote his exact
language. He says:
Il propos2 To maintain that the
United states is a nation; thai as a
nation il possesses every sovereign
power not reserved in its constitution
10 the states or the people"
Mt. President. the power TO define
and punish crime, part of the sCVer-
-iSn police power. Is nowhere in the
constitution reserved to the states.
Therefore. according to the logic Of the
senator, the states do not possess that /
power. The sovereign power CT en-
1leLL domain is nowhere IL the consti-
tuition reserved 10 the states. There
fore. the states do not possess il. The
power 10 create corporations, recog-
liZed as me exercise OF a sovereign
5owsr, is nowhere IL the constitution
-rscrVed T. chc states. Therefore, The
states do not DoSsess it. So Tie prCpc-
iiJion Of the senator IS reduced 10 alb
;urdity
TIE senator from Connecticut afTirms
nat this is 4 nation; that it is pos
'esScd of plerary and absolute power,
specially as relates to all its inter
rational relations and to the terrific
les which may become subject to its
Jurisdiction
Dir. President, what is this thing
.hicl the senator calls q nation, which
&c so idolizes and eXaIts? 1t is not the
tates or the people. They, according
9 his proposition, constitute no part :
f il. They possess only such crumbs :
# power as may be reserved to them
expressly in the constitution itself
IS il the president, the executive, who I
S the Gutocrat poSSeSSor Of this IN :
cntroiled and uncomfortable authori- : :
y; or are we, the individuals who COM !
ioSe the congress Of the United States,
be more than forty tyrants whose :
rown is pi2ced upon long pole with !
he command that the people as they !
ass by must fall down and worship !;
y +
Mr. President. il is not in the nature :
T essence of our institutions, and it is :
Il Impossible conception. that this gov 9
rnaent, in any part of its internal !
tructure and administration, can be at /;