davidaulloa/AmericanStories huggingface dataset:
The Conservative, 1900-10-11
THE DECLARATION OF INDEPEN-
DENCE AND GOVERNMENT BY
CONSENT.


meaning of the Declaration of Indepen
dence was written for the Chicago Rec
ord by Professor Harry Pratt Judson,
of the University of Chicago
The declaration of Independence has
of late been pressed into politics with
an Interpretation which would amaze
the trainers of the immortal document.
One would almost think that the Dec
laration is legal and not a political,
instrument; that it was intended as law,
and not primarily to influence opinion ;
tion, part of the supreme law of the
land, and is to be applied therefore in
the exact and literal meaning of it's
every word, so as to rule every proposed
policy. This has not heretofore been
the view taken by students of political
science. Indeed, until this time it
would be difficult to find any scholar
of authority who would risk his reputa-
ton on such an Interpretation. That
such Interpretation was far from being
in the minds of the trainers, and that
the American people as whole have
never acted in accordance with such a
view of political philosophy, is a matter
which in other times than the present
would hardly seem to need serious dis
cussion.
Governments, said the congress of
1776, "derive their just powers from
the consent of the governed ;" and now
we are told that that proposition must
be construed as true with literal exact
ness, and must be applied in that sense
to every case which may arise.
Did the trainers so understand it?
At the very time when Jefferson was
writing the Declaration slaves were
held in his own colony of Virginia and
in every other colony which united
with Virginia in the insurrection against
Great Britain. Did the government of
these slaves rest on their consent? Did
the congress which voted the Declara-
tion think for moment that it's doc
trines applied to negroes? No doubt
we regard slavery as morally indefensi
BILE and rejoice in it's abolition. But
the fact remains that with reference to
this large part of the community the
trainers never thought of applying liter
ally the doctrine of the consent of the
governed.
1t requires no great stretch of imagin-
alton to realize the way in which the
congress of 1776 would have received
the proposition to apply the doctrine
to women. Some states in our time
have admitted women to share in gov
ernment. But does any one suppose
that as the revolutionary congress lis
tened to the report of Jefferson's COM
k1 -, 1c
The Conservative, 1900-10-11

head. The city of New Orleans, it is
sometimes said, was only trifing
settlement too small to take into ac-
count in this question. In 1900 there
were only six cities in the union
with population over $1,000 At that
time the population of New Orleans was
between 5000 and 10000, and thus
when annexed it fell within the largest
seven cities in the area of the republic.
Can as much be said of Manila? No,
the consent of the governed was not
asked in the case of Louisiana, doubt
less because Mr.. Jefferson was convinc-
ed that the most important interests of
the United States were at stake. Doubt
less he was right. And he probably
knew what he meant by the "consent of
the governed" clause in the Declaration.
The Southern Confederacy.
In 1861 number of our states decid-
ed that they no longer were willing to
be governed by the rest, and so set up
government of their own. This was no
scanty population in vast wilderness.
The seeding states were compact, were
inhabited by millions of our own race,
had their own local governments which
the people had been long accustomed to
administer, and undoubtedly if they
had been allowed their independence
would have held dignified position
among the nations of the world. But
the remaining states of the Union
waged long and bloody war
on the southerners in order to
force on them government to
which they did not consent. If the
Declaration ever had an application in
it's literal meaning it was in 1861. But
such an application was utterly disre-
garded, partly from sentiment, largely
because the north believed, as did JEFF
ferson in 1903, that the vital interests
of the whole ought to prevail over even
the earnest desires of a part.
In our own time we have another in
teresting case in which the literal appli-
cation of the Declaration is in question.
North Carolina, Louisiana and other
states have recently modified their fun.
damental law in such way as to disfran-
chise nearly all of their negroes. Now,
for my part, am quite convinced that
ignorant and shiftless negroes should
have no share in political power.
Whether the same principle. should be
applied to similar classes of whites is
question to which there are two sides,
and which need not be considered now.
But it is perfectly plain that the dis
franchised negroes, many thousands in
number, are governed irrespective of
their consent, in square contradiction of
the literal Interpretation of the Declare.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
BOERS SURRENDER.
Twelve Hundred Lay Down Their
Arms Internationally.
Rv Associated Pre-

{Ry Associated PTeSS.J
LONDON. July 3e-The following ON,
,,a1 6.spatcn has been received from Loro
Roberts: go.
PRETORIA. July 29.-"on July 2sth.
Macdonald fought rear guard action
with the enemy from early morning uEti'
dark. nine miles outside Of NaauWpoort, ~
the Bethlehem Hills. resulting in ms Ell
fectually blocking Naauwpoort Mex TO me
Boer wagons Hunter reports that the
enemy twice checked his advance pE
holding strong positions two neks, one
of which vas taken before dark by Inc
scots, the Royal Irish, the Wiltshire ana
the IIeinster regiments. Our casuaIG.S
were only five OF six. The second Mex
was taken during the fight by the Scots
and guards without opposition, the enemy
retiring closely to Naauwpoort.
..Prisoners taken state that 200 Burghers
would surrender il guaranteed that they
would be treated as prisoners of war ana
not as rebels. To this I had assented AS
a result of these operations. Prins!oo, COM
,nanding the Beers. asked, under nag
Of truce this morning, 2 four days arms
iice for peace negotiations HunteT reiheo
the only terms he could accept, were IN
conditional surrender. and. until these We're
complied with hostiiifies could not cease
] expressed my approval and told Hunter
on no account TO enter into negotiations
As I am writing, telegram has come
from Hunter saying that PTInsioo hao
written a second letter expressing WliEhs-
ness TO hand over himself with his men,
rifles. ammunition and other fire arms up
on condition that horses, saddles. efioles
and other possessions Of the Burshers be
guaranteed them and they be free to re-
turn 10 their homes.
II have replied that the surrender must
DE absolutely unconditional: that all rifles.
ammunition. horses and other possessions
must be given up and that the Burghers
viii be considered prisoners OF war l
added that Prinsioo's overtures will not be
allowed in any way TO interfere with Hun
ter's operations, which must be contin-
a,ed until the enemy is defeated or has
surrendered
A later dispatch from General Roberts
dated c9th confirms the surrender Of Prins-
zoo, with $500 Beers.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
At Brighton.

By Associated Press.)
NEW YORK, July Ga driving rain
limited the attendance at Brighton Beach
to-day 10 the regulars. The track was a
sea Of mud but form was lived up TO. four
favorites getting to the wire first. Sum-
mary:
First race-Hurdle race, one and one
half Neutrality-suspicious. &c to 81 first,
Monroe Doctrine G to l and to . sec
ond. Protus Is to u third. Time. 2:54 %.
Second race-ive furlongs-Marothon Is
to 81 first, Street Boy 90 to and to -
second. Ford l5 to u third. Time, LOB SO.
Third race-five furlongs- Salanis 6 to y
first. Balou % TO l and 3 to y second,
Shark Is to u third. Time, 1:0A.
Fourth race-six furlongs. selling-Rinal-
do g to 81 first. Ortud go to l and 20 to y
second, sFederalist &c to y third. Time, ZIG.
Fifth race-seling. five and half fur
longs-Quiz IL q to 81 first, Wine and
Song 90 to and to D second, Mateo Is
to y third. Time, :O9 So.
Sixth race-one and one-sixteenth miles
Herbert G. to - first, Native 11 to 10 and
to 81 second, Alsike q to y third Time,
LAG As.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
BARGEs WENT DOWN.
The Crews of Both Were Rescued by
the Tug Boxer.
0Bv ASSOCIATED Press.)


NORFOLK, VA, July Con- Tuesday
morning, July oath, the ocean-going tug
Boxer Of Boston, Captain Beed. towing
the two barges, Nina and Pinta, loaded
with railroad iron, and small Baltimore
tug. the .Agu.erre, set sail from Norfolk
for Ponce Porto Rico.
After the Capes had been passed rough
weather was encountered, and the heavy
seas beating against the sides of the
barges made the situation dangerous. On
July Goth. in latitude %. longitude a. or
about $50 miles southeast of Cape HATTIE
ras. the Nina sprang aleak. Her crew
was taken off and the barge and cargo
abandoned She went to the bottom.
At later hour the same day the Plnta
succumbed to the angry waves. She be-
gan to leak badly, and her crew was re-
moved to the Boxer. The Pinta was also
swallowed up by the waves. Her cargo
went down with her.
The Boxer made fast a hawser aid took
the little tug Aguierre in tow, which latter
had on the 9TH instant sprung aleall
with pumps out of order. In this condi-
tons of affairs, the master of the latter
craft requested to be towed back to Nor
folk This was done, the Boxer with her
disabled tug and crews, arriving here yes
terday.
Captain Beed is now awaiting orders
from the owners of his boat. Captains
Beed and r. w Caseier, of the tugs, with
the captains Of the barges noted protest
to-day.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
PROTECTING THE LEGATIONS.
The Railroad Must Revert to British
at Termination of Hostilities.
(By Associated Press.)

(By Associated PresS.)
LONDON, July 39.-In the House of
Commons to-day the Parliamentary Secre-
tary for the Foreign Office, Mr.. Broderick.
read the dispatch from the British Consul
1T lien Tsin saying that the foreign min
listers at Pekin were safe July 22d.
Mr.. Broderick also read a dispatch In
which the statement was made that a
strong body Of troops, composed almost
entirely of Hwang Sus, was around the
legations, and that the Chinese were forced
to block the river with sunken craft, with
a breach on the left bank, in order to flood
the country to the eastward
Mr.. Broderick added that the council OF
adnirals decided July 10th that the rail-
road between TalSu and Tien Tsin should
be guarded and managed by the Russians.
The Government has informed Russia 1t
acGuiesced. the arrangement might be
the most convenient, but that it must be
clearly understood that the line would re-
vert to its former manag cement. e.. the
British-on the termination of hostilities.
Mr.. Broderick added that he did not yet
know who was to have supreme command.
British troops would be available to CO.
operate with the allies, but no arrange
ments had been made to put them under
command of foreign officers.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
Was Thought Inoffensivc.
(Ey Associated PreSs.)

PATTERSON, n. j., July @0.-The report
that Angelo Bressi. who was arrested yes
terday at Monza, Italy. for the assassina-
ton of King Huubert, had lived here,
caused quite sensation in the Italian
quarter this evening. After a diSent
search among the Italians it was found
that a broad silk weaver named Angelo
Brissi, aged about thirty years, had work
ed in the silk mills owned by Hamu "
Booth, in this city, up TO May Ith. last.
He left for italy about that date and no.
thing had been heard of him since.
During his stay here, which was about
six months, he lived at Hotel Bartholdi,
No. 3225 Straight Street. Those who knew
him say that he was of quiet temperament
and an inoffensive man. He said he had a
wife and a seven-year-old daughter VINO
lived somewhere in Hoboken, and that ne
visited them regularly every SUNDAY
Where they lived or whether they accom-
panied him on his return to Italy could
not be ascertained.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
The Pope Deeply anected.

(By Associated Press)
BRUSSELS. July GA special dispatch
from Rome, says:
'.Monsignor Angelo Di Pietro CPrefect
of the Congregation of the CounciD took
it upon himself to inform the Pope OF the
assassination Of King Humbert. He en-
tered the chamber of Leo at an early hour
The latter was already awake.
The Cardinal cautiously first stated
that an attempt had been made upon the
life of the King, Whereupon the Pope I'M
mediatey asked if the wound was danger
GUS The prelate replied: Very danger
GUS But his anxious air was noticed by
the Pope, who at once OWNED the truth.
His emotion was such that he was I'M
able to speak for some time. When his
distress had passed he wished to leave his
bed and to celebrate mass FOR the repose
of the Kings soul.
Later he summoned Cardinal Rampolla
PapaI Secretary Of State.) whom he re-
quested to send dispatch of coincidence
to Princess C!otilde, sister of the Queen.
The audiences fixed for to-day were sus-
DenGeG.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
THE SURRENDER.
The Bocrs Allowed TO Keep One Rid
iM:: Horse Apiece.
Ey Associated Press.


BLoEMFONTElN, July 3o.-General
Hunter having received a written uncon-
c.tional surrender of all the Beers in Gale
don Valley, attended 10 accept the surren-.
der General Priasloo, lately elected TO the
chief command, arrived and tried to repU-
date the unconditional surrender. General
Hunter, however refused any concession
except 10 allow the Beers to keep one rid
ing. horse.
About II o'clock the troops We're drawn
l,p in two long ZONES on the hills and over
the valley, and the Beers rode in between,
1hrow.ns down their rifles together with
-notiey collection OF clothing and
blankets and gear, such as was found in
General Cronje's lager. The Ficksburs
commando was first to lay down arms
consisting of about $50 men. Then came
,be I.a5vbrand commando with about 45o
men. Fifteen horses. two guns and lifty
wagons were given up.
General Prinsloo and CommandanI Crow
ther were received by General Hunter al
his tent. where they We're Well treated ana
accorded every courtesy
A commando of the Beers have gone
through TO Maauwpoort. and VIII SURRENDER
10 General Macdonald.
Some of the Beers who got through the
Gordon are still al large but the boefs say
that these Will soon surrender
The prisoners say that they would not
have surrendered had they not been sur
rounded. The prisoners are confined IN
laager.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
EsE VIZ ( 3 for acceptable ideas.
g l q State if patented.
4 "a "a aaHTHE PATENT RECORD,
b * <R3 r. Baltimore. Md.
AGES OF CANDIDATES.
Peter Cooper the Oldest and Bryan the
Youngest Man Named for President.

Although William J. Bryan was. in 1895.
ths youngest man ever nominated for the
Presidency, tbs Democratic party has had
several candidates OF about his present
age Gen Mcclellan was only IS when he
was nominated FOR the Presidency against
Lincoln in 1851. Four years earlier John
c. Breckenridge. the candidate OF the
Southern Democrats was only SO. Aaron
Burr was only 70 when. in 1885. he received
thirty electoral votes, and only 10 when he
came so near being eiected by the House
in February. 1851. No other Democratic
candidate was under Il, the age Of Ste
Ehen \. Douglas in 1860 and of Cleveland
in ISL. All the other Democratic cand.-
dates were past 20 when nominated. save
Pierce. who was IS in 1852 and Polk. who
was in q few days OF his forty-nirth birth
day at the election OF lS.t- TiIden, who
was 81 in 1876. was one o: the oldest of
Democratic candidates. Hugh l.. White.
candidate Of a Democratic faction in 1896.
was 63.
The nominee &c the Federa!ists. the
Wings and the Republicans have usually
been above 10. though Fremont was only
IS in 1886. Clay was Il when he was a can
didase in the interesting election of 1924.
That was one year more than Grants as,
at the time OF his first nomination. Gar
field was ~ when he received the Repunli-
can nomination in iSNc. Rufus King. VINO
received thirty-four electoral votes against
Monroe in 1876, was 81 years old: William
Henry Harrison was 63 IN 1886. " hen he
first became a candidate for the Presidency,
and 81 when elected Lincoln was 81 at his
first nomination.; Blaine was "A when CIeve.
land defeated him. AMI Benjamin Harrison
was 80 when nominated. Mckinley was 81
at his first nomination.. and Hayes was 3
in 1876.
Third parties have often chosen men con
siderably under or considerably over the
average age OF candidates James c. Biz
ney, who received T.n59 VOTES as a canG.-
dale OF the Liberty party. in 1910. was IS.
John P. Hale, who was nominated by near
" the same influences in 1s5g was ~ Bell,
the Ca nd.date OF tho so-ca!ied Constitutional
Union party, in 1850. and John Floyd. for
whom only the South Carolina electors
voted in 1882. was 90. Peter Cooper. norni-
mated by the Greenbackers in 1876, was
s., and the oldest man ever nominated for
tha PreS:denCy-New York Sun
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
NEARLY OVER
EXCEPT VOTING |
The Merchants Asked TO Close Stores
Election Day.
SPEAKING IN RALEIGH.
There viii Be Grand Rally Mt Char
Iot1c Tonight With Over Ono
Thousand Men ON Horseback.
Butter Ects.
Especial Dispatch 70 re Timcs.)

Special Dispatch TO -.ae Tinncs)
RALEIGH. n. c.. July S0-Mcrchants
here are being urged to close their stores
on election day so as to work and let their
clerks work for the State ticket. This
zrill no doubt be done in many instances.
Hon. Thos. W. Mason and Mr.. ia. W.
Pou made final addresses tonight IN ->asa
square. Both are fine speakers ana oio
the Democratic cause good VI COURSE
every effort is being put forth TO compete
the campaign work now that after to-day
only two more days are lett before ihe
election.
GOVERNOR RUSSELL.
Governor Russell has been rather sack
Ito use slang EXPRESSION OF late IN ms
pardoning proclvity, but on SATURDAY ne
began again by pardoning county coii-
vict who was serving nine months term
for larceny.
II now seems the fusionisfs under But
1er-s direction are working TO save him LOT
the United States Senate and little cares
he for aught else politically. In the be-
ginning they were to take everything IN
sight, but now the man is only looking
out for No. L
BUTLER BETS
Estimates here give the Democrats on
Thursday 10000 majority Senator Butter
to-day bets the amendment will not get
$1,000 majority.
A special edition of the Caucasian, But
aer's paper. was issued yesterday. The
mails are flooded with this literature.
RALLY AT CHARLOTTE.
Especial Dispatch 10 The Tfmes)
CHARLOTTE, N G., July S0-Ai1 is quiet
In this section of the State The Demo-
Gratis are ready and eager to vote. The
rally here tomorrow will be stupendous
N
French. Hon. 7. w. Mason, Hon. ". 81.
Kitchen and J. II. Tou will speak There
win be over thousand men on horse
back
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
The Brownies Victorious.

The Brownies, the well-known baseball
club of Fulton. who have made such a rep
utation for themselves this season, Won
both games played Saturday. The hrst
game was with the lWest-End Tigers, with
the score IS to /. The score by innings
was as follows:
Score: X.
West-End Tigers.-.-..... 0 0 0 0 V-1
Battery for lBrownies-Bushel and Bow
ers. West-End Tigers-McAwel and Beese.
The feature of the game was the work of
Bowers, the Brownie pitcher, who held the
Tigers down to one hit.
The second contest was with the married
men of Fulton, whom the Brownies led
into camp to the tune of 10 TO 10. The
score by innings was as follows:
Score: r.
Married Men. .......o14oo0o5 500
Brownies ...O 100000 3-13
Battery for Married Nlen-Sharp and
Tignor; for Brownies-Bushel and Hogan.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
The Lust OF lis l,ncc.

4 strange bird recently found in British
Guiana. South America. is the only voucn-
ed for survivor of the hitherto supposed ex-
tiuct race. Several OF them are known
among the fossil races, and are called by
natural historians, opisthoconus- cristatus.
The young hoatztns, as this species is
called. have. when Matched, four weII-de-
ve!oped legs. the front pair being some
what OF a reptilian character with strong
claws. They possess the ability to leave
the nest as soon as Matched, and by using
all four legs, climb over branches. twiss
and tree trunks. This bird has also the
power, even while young. to swim. dive
and remain for a long period under water.
Soon after Matching the four legs begin
to change. the claws fall off and the claw
like members become fattened into the
point of an ordinary bird wing: feathers
begin 10 grow. and when fully grown nc
sign rerna ms OF the queer forelegs 1t pos.
sessed at birth.
The adult bird IS nearly as large as
peacock. and lives in the densest forests.
1t is rarely seen. but its loud. wa.linS cry
is often heard in the woods Its flesh has
an offensive smell. from the vegetation I.
selects as food. and thus renders 1t unfit
for eating.
The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-31
PROCEEDING WITH CAUTION.
Diplomatic Relations With China Not
Materially Changed.
(By Associated Press.


WASHINGTON, July 3o.-The effect Of
the days news from China was to freshen
the hope that the Government can soon get
into direct communication with Minister
Conger. The mass of testimony as to his
being alive as late as the ed instant is
now SO great as to warrant the Depart
ment in resuming the consideration OF
projects for the future. With all OF It's
anxiety to get Mr. Conger and the Ameri-
cans in Pekin safely away. the Depart
ment is proceeding with proper caution,
and is by no means disposed to accept any
proposition that would ur.duiy jeopardize
their lives.
Such might be the result Of an off-hand
acceptance of the proposition to have the
Chinese Government send the foreign min
listers to Tier-Tsin, for it is realized that
the escort might be overpoWered by su-
perior forces OF Boxers on the way to the
sea.
The State Department has come to the
conclusion that Mr.. Conger, himself. Is
the best person to judge of the conditions
under which his deliverance Shall be et-
fected and therefore it is again: looking to
the Chinese Government to place 1t In
communication with Mr.. Conger, in order
that it may be advised by him. That re-
ouirement was the first of the propositions
laid down by President Mckinley in his
answer to the appeal of the Chinese En-
porer so that the situation automatically
cannot be said to have been materially
changed by the developments of to-day
The State Department was inclined to
regard Consul Fowlers communication as
the most valuable piece of conti1'matory
evidence received touching the safety OF
the Pekin diplomats. Up to late hour
no answer had been received to the sec
ond Conger message, but in view of Con-
sui Fowler's news the officials were in
clined to look forward to an early reply.
1t is known here that Germany is one Of
the Governments which is putting forth
every effort to get into direct communica-
ton with the beleaguered ministers, and
like the United States has had recourse
to the underground route.
An object of special solicitude is to dis
cover whether Baroness Won Ketteler has
ESCAPED, or whether she shared the fate
of her husband. Up to the present moth
ing has been received to throw any light
on the subject.
The German Ambassador and the French
Charge called at the State Department
to-day to secure the latest information
which Secretary Hay had received. AID
both were immensely pleased with the
Fowler dispatch
General Chaffee reported to-day his ar
rival at Taku in advance Of the expected
time.