The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-10
WINS RENOwN.
CONCLUDED FROM SECOND PAGE.

CONCLUDED FROM SECOND PAGE)
west Territory only; not Louisiana or
Florida only; not territory on this CONT
longing to the Nation. The founders of
the Nation were not provincial. Theirs
was the geography of the world. They
were sailors as well as landsmen, and
they knew that where our ships should
go our flag might follow. They had the
logic of progress and they knew that the
republic they were planting must, In ODE
dience to the laws of our expanding race,
necessarily develop into the greater re-
public which the world beholds to-day,
and into the still mightier republic which
the world will finally acknowledge as the
arbiter, under, God. of the destinies OF
mankind. And so our fathers wrote into
the Constitution these words of growth,
of expansion, of empire if you will, I'M
limited by geography or climate or by
of the American people. Congress shall
have power to dispose of and make all
needful rules and regulations respecting
the territory belonging TO the United
States"
POWER IMPLIED.
The power to govern all territory the
Nation may acquire would have been in
Congress If the language affirming that
power had not been written in the Constitu-
ton. For not all powers of the national gov
eminent are expressed. It's principal pow
ers are implied. The written Constitution
is but the index of the living constitution.
Had this not been true the Constitution
would have failed. For the people in any
event would have developed and pro-
crossed. And if the Constitution had not
had the capacity for growth correspond
ing with the growth of the Nation, the
Constitution would and should have been
abandoned as the Articles of Confederation
were abandoned. For the Constitution is
not immortal in itself, is not useful even
in itself. The Constitution is immortal and
even uSful only as 1T serves the orderly
development of the Nation. The Nation
alone is immortal. The Nation alone is
sacred. The army is its servant. The navy
is it's servant. The President is its serv-
ant The Senate is it's servant. Our
laws are its methods. Our Consti-
tuition is it's instrument This is the gold
en- rule of constitutional Interpretation;
the Constitution was made for the people;
not the people for the Constitution. Hamil
ton recognized this golden rule when he
formulated the doctrine of implied powers.
Marshall recognized Ii when he applied
that doctrine to constitutional l.. terpreta-
ton, in Mccullough VS.. Maryland. Con-
gress recognized 1t when it provided for
internal improvements. The Supreme Court
of the Republic recognized it when Ii con-
firmed the act of Congress in making the
promisscry notes of the Republic legal
tender for debts. Washington recognized it
when he sent the Nations soldiers to sup
press local riot in 1894; and Lincoln, the
soul and symbol of the common people.
recognized the doctrine of implied powers
in every effort he made to save the Nation.
There is no power expressed in the Con-
stitution to charter bank; and, although
the subject was familiar to the trainers
of the Constitution who still remained
silent on it, Marshall said that this power
was implied. There is no power expressed
in the Constitution to make internal i'm
provements, and although it was a SUBJ
ject painfully before the trainers of the
Constitution who yet remained silent upon
1t. Congress said ii is implied There is
power expressed in the Constitution,
but almost the reverse. to make anything
but gold and silver legal tender for pay
ment of debts the Supreme Court declared
it is implied. There is no power expressed
in the Constitution to maintain order In a
State with the Nations soldiers unless the
State first calls for aid: Washington, Lin
coin and Cleveland said ii is implied. The
legislative. the. executive and the judicial
departments of our government have rec
ognized and confirmed the doctrine of i'm
piled powers by which alone the Constitu-
ton lives. the people make progress and
the Republic marches forward to its i'm
perial destiny. 1.-THE letter killeth but the
spirit giveth life
BY the same reasoning that Hamilton,
Marshall. Washington and Lincolr. en-
ployed, could infer our power to do the
work of administering government In the
Philippines as the situation may demand.
even If that power had not been affirmed
In express words. We could infer II from
the purpose of the Constitution 10 "pfovide
for the common defense and promote the
general welfare" of the Nation and the
power given Congress TO make laws to
cure these ends. For the archipelago is a
base for the commerce Of the East. 1t is a
base for military and naval operations
against the only powers with whom con-
fict is possible: fortress thrown up in
the Pacific. defending western coast.
commanding the waters of the Orient and
giving us a point from which we can in
stantly strike and seize the possession of
any possible foe.
MAY GOVERN UNDER ANY FORM.
The Nations power TO make rules and
regulations for the government of its pos
sessions is not confined TO any given set
OF rules or regulations. 1t is not confined
TO any particular formula OF laws or kind