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


I admit and assert the authority of pre-
cedent: I understand the philosophy. deep
as civilization itself, upon whicn the au-
thority of precedent rests. But that very
reason demands that precedents snail ap-
ply only to like situations and that the
solutions of new problems shall not be
hampered and involved by fitting them into
ancient and inapplicable precedents. The
very philosophy of precedent demands the
creation of new precedents out of new &C.
casions Surely we can see more clearly
the situation before us with our living
eyes than with the dead eyes of the IA
theirs, and even those dead eyes looking not
at our problems, but at theirs.
Precedent has its rightful authority. but
IL has its danger. too. Ii sanctines the
past. but, used beyond its rightfui sphere
in forbids the future. China, we say. Is
living i'm the past. She Is living IN her
presidents. She inquiries not the best way
she asks only the way of the fathers she
is reminiscent not inventive. Her mem
DRY is abnormal. her initiative is atrophied
Dragged with the opium or precedent, she
sits and dreams of ancient giories ana the
ancient gods. The science of the modern
world is a lie to her, because the fatners
knew 1T not. Our medicines are poison
because they are not inherited from the
past, and enchantment is efhcaclous De
cause her ancestry dealt with the magic OF
the night Spirits of evil fly upon the air,
and workmen fix charms upon ouiiuinss
where they labor, TO brighten the fell IN
fathers did the like for a thousand years
WHAT PRECEDENT HAS DONE.
Precedent has shod with lead the feet of
this puissant people. and put upon her eye
lids the somnolent spell of dreams. Happy
for China when she shall be aroused from
that narcotic sleep, even by the thunder
of foreign cannon on her soil. Happy for
her when she shakes the slumber from her
blood, even if it be by the division of the
corrupt and reactionary empire and her
people, refreshed and inspired by the en-
ergy of progress, shall meet each new
emergency, opportunity and duty by the
wisdom of a living mind, not by the wis
dom of brain which for thousand years
has been thoughtless dust, and even when
quick and vivid solving, not the problems
of to day, but those OF the entombed and
stored centuries.
so let us admit that old decisions of the
courts cannot avail us. There are some
containing passages one way and some con-
tanning expressions the other way, but none
of them Eliminates the new helos OF
thought and action into Whlcn we enter
Can we therefore, unaided by judicial de-
cisions, find in the Constitution the Tree
hand needful for our new task! have we
the discretion of our own wisdom! Are we
to have the liberty of our nauonal man
hood? Are we to have the power OF our
mission? Did the fathers, unthinking, put
q period to our career as an administering
people and close the door OF the future IN
our faces? Is this great movement, winch
has aroused the world to wonder, inspired
the American people with the nobiest ma
tional feeling mankind has ever seen since
the days of Elizabeth, and which makes
US, for the first time, the masters Oh our
fate because ii makes us the master OF the
nations, is this most hopeful movement IN
the evolution of the world 8 civ1lizatioh'
this awakening Of the American people 10
their power, their opportunity and their mis-
sion on the earth and the waters tnereoi'
is this elemental racial development TO
cease at the bidding OF faction asking by
what warrant of the Constitution the
American people move forward in their des-
tiny? And cease IL must, If we IND not the
amplest power expressed or implied In our
Constitution, for We, above all the peoples
of the world, are a people OF law and our
Constitution is the supreme ordinance or
national life.
CONSTITUTION GIVES FREE HAND.
But the Constitution does give us power
as ample as our opportunities; power so ex-
press and emphatic that the opposition dare
not quote it, lest it confound them, but fly
to subtleties and refinements of other sec
tions not bearing on the matter in dispute;
power SO clear that IL bears almost the au-
thority of command; power written by the
power penned by the racial impulse in the
blood of the fathers; power complete.
emphatic and unusual that there is In il the
suggestion of duty.
.'The Congress shall have power to dis
pose of and make all needful rules and reg
ulations respecting the territory or other
property belonging to the United States.
So the Constitution says that there can
be territory belonging to the United
States" Congress can even dispose OF
that territory. But territory belonging TO
the United States can not be part or
the United States-that is contradiction
in terms. If territory belongs to the
United States, and at the same time is
part of the United States, it belongs TO.
is owned by, a body polite of which 1t Is
itself a part-which is an absurdity in rea-
soning, an impossibility in logic. And Con-
gress may even dispose of territory be-
longing to the United States. dispose
of how? Not by making that territory
States only; not by establishing independ-
ent government only; not by making that
territory a part of the Republic only. No;
and full provision for such disposition of
territory is made elsewhere IN the Con-
stitution. But the words dispose OF any
territory belonging to the United States
stand there unlimited. absolute and i'm
perial We can make il a part of the United
States if we wish. We can set up independ-
ent government if we wish, and ALLEVIATE ii
utterly; and yet We could not do that II IL
is part of the United States, for how can
self, or how can any part of the United
States ALLEVIATE itself from the United
States? Our Southern brothers asked the
latter question, and million men an
swered it with their lives.
Congress shall have power to dispose of
territory belonging to the United States.
dispose Of" We can sell this territory
belonging to us, then; yet, how can we
sell IL If is part of us? We can sell Porto
Rico; we can sell the Philippines: we can
turn them adrift and all this has been
they are part of the United States. Does
any man doubt that the United States can
dispose of Porto Rico by selling ii to an
other nation? And yet this could not be done
il it is a part of the United States. So that
the very power to dispose of territory
belonging to the United States is the
power of the free hand over that territory
The bestowal of that very power is de-
NAL that the Constitution extends over
that territory, since If ii so extended the
power could no longer exist.
1.-THE Congress shall have power to dis.
pose of and make all needful rules and
regulations respecting the territory or Other
property belonging to the United States
Power TO make all needful rules and
regulations"
NO POWER MORE ABSOLUTE.
Think of power broader, more absolute
| more comprehensive than that You can
not. Power to dispose off, to sell, to
| abandon to exchange, to set up independ-
ent government, if we do not keep this
territory belonging to the United States;
| power Ito make all needful rules and regu-
| lations respecting territory belonging 10 the