The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-03-30

CONTROL THE CONSTITUTION.
Do you tell me that under power so broad
we can set up n king in Porto Rico. and
that therefore We must so construe the
Constitution as to forbid such a power? I
answer that we could not. even IL another
section Of the Constitution did not. in
terms. forbid It,
Why not? Because our Constitution IN
terms forbids? Yes But also because
our institutions forbid. Institutional law
is older, deeper, and more vital than con-
sutuional law. Our Constitution Is only
one OF the concrete manifestations OF our
institutions; our statutes are another: de-
cisions or our courts are another Our
INSTITUTIONAL law is like the atmosphere.
impalpable, imperceptible, but all-pervad-
ing and the source of life itself. There
Is scarcely decision of cur courts of last
resort In all the Republic, involving great
constitutional questions. which does not
refer 10 the spirit of our institutions as
interpreting our Constitution. IL is our in
stituticnal law which. flowing like vital
blood through the weaker constitution.
gives that instrument vitality and power
or development. Our institutions were
not esta blished by the Constitution Instf-
tutlonal law existed before the Constitu-
ton. Our institutions had their beginnings.
well-nigh with the beginning of time.
They have developed through the ages.
Magma Charter only marked a period i'm
their growth; the assertion of the rights
OF the commons marked another: our rev.
olution marked another; the Constitution
marked another still. Our institutional
law, therefore, our unwritten Constitution.
If you Will, the soul and spirit and breath
of life of our written Constitution, forbids
the establishment of monarchy anywhere
by and under American authority Par
tisanship shrieks imperialism" and asks
where We find words to prevent the de-
velopment of a car. beginning with alb
solute power in our possessions and end
ing with absolute power in the Republic
If such power as the CONSTITUTION confers
be exercised. / answer: L find the imp -
sibility of such development in cur ins.4-
tutions. / find IL in the speech Of the peo-
pie; in the maxims OF liberty: I'm the in
stincts of our blood; in every syllable of
our ineffable history: in the unspoken. UNI
written and divine tendencies of our race.
Words would not prevent autocracy IL
the desire Tor king was i'm the hearts OF
the people. Words cannot bestow re-
publican institutions, If the idea of and
preference for absolute ruler Is in the
hearts, the history, the traditions. the Gus
toms and the practices of a people as they
are in Asia. Words cannot impose
car upon a people whose very speech is
the speech of self-government, whose ideas
and ideals of self-rule for a thousand years
have grown clearer. brighter dearer. And
those who utter fear of Imperialism. mean
ing by that the overthrow Of republican
institutions. are either insincere and. there
fore subjects of contempt, or else unbe-
neNerS In the SOundneSS or our INSTITUTIONS
the purity of the American heart. and the
noble intention of the American mind. and,
therefore, subjects for our pity.
PROGRESS DUE TO INSTITUTIONS.
Sir, / have no respect for constitutional
learning which deals alone with the written
words of the Constitution. or even with the
intention OF its trainers, and ignores the
sources and spirit of that great instrument.
The Constitution did not give US free insti-
tutions; no-the reverse is true. and free
institutions gave US our Constitution All
our progress toward liberty and popular
government made since the adoption of the
Constitution has been achieved not by vir-
tue of that Constitution. but sometimes I'm
spite Of and over IL. Every impulse toward
human freedom and government by the
people has been the spirit of our institu-
tons, working out its sure results through
the Constitution, when possible. and over IL
when necessary. Jefferson wrote a bitter
denunciaiton of human slavery in the Dec
laration of Independence, and called IL an
"execrable commerce." IL was stricken out
by Georgia and South Carolina, and slavery
was recognized in our Constitution. But
slavery was opposed TO the spirit of our in
situations, and while legalized by our Con-
stitution and defended by armies as brave
as ever marched unfiinchingly to death,
constitutional slavery went down before In
stitutional liberty, and Appomattox was the
Constitution to the spirit of life in our in
situations. The Constitution contemplated
and provided for the election of Presidents
by electors who should be above favoritism
or caprice, and who should select the best
man to preside over the Republic, utterly
irrespective of the peoples choice. That
was the intention of the fathers. They not
only never intended the people to elect che
President: they did their best TO prevent
what they believed to be that dire result
But i'm that they did not correctly interpret
the spirit and tendency of our institutions.
which is toward getting the government as
close to the people as possible, and so, in
spite of the Constitution. in spite of the in
tention of the fathers. in spite of the fact
that this plan was pursued for several cleo
tions, our institutions prevailed over our
Constitution. and no presidential elector
now dare cast his vote against the candi-
date the people instruct him 10 vote for.
Wherever the Constitution correctly inter-
prets our institutions. II lives; wherever IL
does not correctly interpret our Constitu-
ton, Ii dies. and has died Wherever our
institutions have found no Interpretation i'm
our Constitution. the omission has been
supplied by judicial decisions. by legislative
assumption, by executive action The whole
doctrine Of implied powers Is merely this:
That where our Constitution is not broad
enough to give play to institutions. the
courts will read cur institutions into our
Constitution. And had IL not been for this
our Constitution would have long since
been abandoned as the Articles OF Confed-
Grafton were abandoned.
OUR INSTITUTIONS OUR SECURITY.
And so our SECURITY. the security of our
island wards, the security of liberty. is not
in the written word of the Constitution;
it is in our institutions which are the
spirit of the Constitution. England has no
written constitution; France has an ideal
written constitution, and yet England has
| liberty and law; France has bureaucracy
and military absolutism England, without
! a written constitution, is as free a govern
ment as ours. Law reigns supreme The
| poorest gatherer of rags has equal rights
before the bar of justice with belted earl
or millionaire and those equal rights are
| impartially enforced. Neither wealth nor
title are favored more than poverty or
| humble rank i'm the equal courts of Eng
| land; and even royalty must submit 10 pro-
| cess and appear witness, the same as
his meanest subject. The government 1T
| self is absolutely subject to the Will OF the
| people; and no Ministry dare remain i'm
| force into law an act of which the people
| disapprove The English Parliament goes
/ TO the people as often as the voice OF the
| people may command. The suffrage rs con-
| stantly developing, and the rights of labor
| are far more carefully guarded by the laws
of England than by ours. The British Par
| lament has put through a measure for
Ireland and I'm the interest of the Irish
tenant, approaching state socialism, COM
| pelling the landlord 10 sell his land whether
he wants TO not, at a price fixed by
| other than himself. and enabling the tenant
| TO buy the land by the payment OF his