The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-04
II CONGRESSIONAL DEspoTIsM

| II CONGRESSIONAL DESPoTISM.
For forcible and luminous exposition
of the true constitutional significance of
the recent supreme court decisions in the
insular cases the student can find nothing
In contemporary comment which equals
the article contributed to the current
number Of the North American Review
by the venerable Judge Edmunds, for so
long United States senator from YER
mont r
George F. Edmunds Is perhaps the
most profound constitutional scholar liv-
| ing. His eminence as a statesman was
recognized throughout the land for al
most an entire generation. Together
with the late Allan C. Thurman he called
into existence during his term in the
| senate some of the most far reaching
| legislation affecting constitutional rights
that was ever enacted; but not one of
the measures associated with his name
dicial scrutiny. been found to possess a
| flaw. He is an authority par excellence
on all questions of constitutional con-
struction.
Judge Edmunds always remained
throughout his long political career a de-
voted member of the Republican party,
so that no thought of party political de-
lection can attach to any opinion he may
express which places him in opposition
to the recognized policies of his party.
/ Nor can any consideration of personal
1 or political ambition be regarded as in
] fiuencing him, since he voluntarily with
drew some years ago from active politi-
| CAP life, and has long since passed the
| period of life when mis- re-entry into
politics could be conceived of as even a
possibility
AS a literary performance alone Judge
Edmunds' article affords to the cultivated
reader a measure, of pleasure rarely re-
allied through contributions made to cur
rent literature. The readers interest in
the subject of his article is not allowed
! to waver for moment. In the opening
| paragraphs he sketches with, the pen of
a master hand in constitutional learning
the scope and effect OF the two decisions
in-De Lima VS.. Bidwell and Downes VS..
I BidweIl He shows how under these de-
clsions the liberties of the people of exist
| ing territories, as distinguished from the
! citizens of the several states, are made
| subject to the sway of congress, to be
exercised in any manner however des-
potic which may be determined on by
the majority of that body. Happily"
! says Judge Edmunds, for the inhabI-
| tants of Ohio and Of the great and pros
pering people now living under the sway
and protection3of both national and state
! constitutions, their fair lands have
| ceased to be territories, and they are de-
| livered from the despotism, however
benevolent and wise, of a congress in
which they could nave no vote, and
whose power over their lives, liberties,
fortunes and happiness, was restrained
! by no constitutional barrier. Probably an
able government, provided the ruler is
the embodiment of all wisdom and virtue.
| But in all the history and experience of
| the world, no sucnruler or body of rulers.
or any resembling him or them, nave
ever appeared A conclave of despots
has almost always been found to be
I worse than a single despot."
BY force of a brief historical and con-
stitutional retrospect which he offers he
shows clearly what an utterly changed
conception of the powers of congress
over the rights of the residents of ceded
| territories is embodied in those decis-
ions from that which prevailed when,
after the Louisiana purchase. congress
invested the president with certain lint
! ed powers purely of an executive char
acter and in nowise interfering with
the existing rights or liberties of the
| then inhabitants of the region annexed.
! The right of the president to make any
ton. Without the constitution he has
no powers whatever; yet the new scheme
of constitutional government seems to in
volve the idea that he may rule without
regard to the constitution. thus produc-
ing, among other strange results, the
! one that judges created by him in the
| Philippines, are not called on by tneir
oath of office to swear to obey the con-
stitution.s
This general idea is conveyed in
forcibIe terms by Judge Edmunds in the
following extract from his article:
"The paradox of a sovereignty created
and existing only by the constitution,
but to be exercised contrary to it's pro-
visions, may be found to be best suited
to the needs Of twentieth century civiliza-
ton; but this is more than doubtful
Doubtless, it is highly convenient, as it
always has been, to rulers having ag-
gressive policies, good or bad, to carry
on, that no barriers to their free exer-
else exist. Thus the colonial charters be-
fore the revolution were perverted, SuS-
pended or revoked, as the will of a weak
and wicked king, or the passions of
party. or selfish motives of trade. die
as is reported, the charter of Cape Col
cny has just been suspended. And thus.
congress. thinking itself free from any
constitutional eonstraint. has thought 1t
fit to enact discriminative measures af-
fecting intrinsic rights and interests of
our citizens and the other people Of