Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-06-27
THE PRESIDENT AND THE
CONSTITUTION.

Believing that unrestrained imperial
istic powers in the hands of the Presl-
dent to be fraught with greater danger
10 the public veal than even the lives of
many citizens. as precious as they are,
the Virginian-Pilot has steadfastly op-
posed every step of the Administration
tending towards interfering with Euro
pean and Asiatlc Powers and countries.
So far it has been n matter of policy.
Now 1t is an aggressive step by the
President. In the teeth OF the Constitu,
ton. which prohibits any act or deed
by the President declaratory of war.
John Randolph Tucker, the greatest
Constitutional lawyer of America in
his work on the Constitution. rebukes
the President In no uncertain language
as though he anticipated Just such a
position as the present Says Mr..
Tucker:
The words to declare Include the
power to make war. with all the Incl
dcris of raising armies and navies.
which the Constitution has coffided in
Congress 1t Is well, therefore, TO guard
against the inference that. because the
declaration of war is not now held nee
essary TO constitute the status of bel
iigereNcy, the President may plunge the
country into war without that which
is equivalent to Il declaration of Il by
Congress"
Mr. Tucker Is almost prophetic in his
Interpretation Of the present Chinese
incident. 1T is WELL" says he, Ito
guard against the inference that be-
cause the declaration of pdr ds not now
held necessary to constitute the status
of belligercncy. the President may
plunge the country into war"
Thus. the very ground and principles
OF the Constitution are being evaded.
With the greatest care the trainers,
with II prophetic vision, prepared
against the invasion of the rights of the
people by the Executive. In express
words it prohibits the Executive from
declaring wdr. delegating that power to
the Congress alone. The President is de-
claring war by sending troops to China
That act is of itself n cdSus 6eHi, and so
recognized the world over. Foreigners
have been murdered in this country.
but no foreign troops were landed
But 1t is the principle of the thing.
One can but wonder what other powers
If lie has the temerity to take one.
under cover of a general sympathy with
tho unfortunate missionaries. how soon
Will he act for political reasons?
No war has ever been wagcd by the
United States except by act of Con-
gress And so ought Congress to act
in the the Chinese case. If the Chinese,
like the Mexicans, do unfriendly acts.
then Congress, not the President.
should declare that China. by her I'M
friendly acts. has declared war"
The Nirginian- is waging no war
against Mr.. Mckinley, nor against the
Republican party In particular. 1t IS
fighting for a principle. for the very
groundwork of the American Govern
ment. the Constitution. Take away the
Constitution. and we have a Monarchy
and chooses. in rioldiion and in derogd-
ton of The Constitution and we might as
we'll not have Constitution at all. AL
low 1t in one case. it follows in an
other. Remember how easy 1t is to
become familiar with improper. with
dangerous and with obscene sights.
Violations of the Constitution like:
Vice is monster of such hideous
THAT to be hated needs but to be seen;
But once familiar with its face,
I'VE first pity. then endure. then en-
brace"
Actions of to-day will be precedents
Oh the morrow.