The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1901-06-20
IMPERIALISM.

| South by the North the govern
ment developed into one Of prac-
tically unlimited powers, in which
not the constitution, but the un-
restrained will of the dominant
party in power became the SUI
preme law of the land.
This view is erroneous. If I'M
perialism is something which is
bound by no law except such as
it makes for itself, this principle
which it must be confessed is part
of the American government, had
its origin in 1893 when congress
passed the general judiciary act
authorizing all appeal to the SUI
preme court of the United States
of such cases, arising under the
state laws, as state courts had de-
clared not to be repugnant to the
constitution of the United States.
The federalists (the republicans
of that day were in power during
this congress, and they forced
through this measure over the OPP
position of the republicans (the
present demccrats) knowing that
they would thus accomplish by
fraud what they had failed to do
fairly in the federal and state con-
ventions, which framed and rati-
fled the federal constitution. An
examination of Elliot's Debates,
the report of the proceedings of
constitutional convention, will
show that persistent attempts
were made t. confer upon the
United States the power to coerce
the states by legal process, every
one of which failed. John Mar
shall, who was chief jnstice of the
federal supreme court, sustained
the general judiciary act, and at
that instant, imperialism in this
country began; for it can be truly
said that the supreme court of
the United States, notwithstand-
ing that they are theoretically re-
strained by the constitution, are.
in fact, bound by no laws except
such as they make for themselves.
There being no appeal from their
decisions they can and do nullify
the plain provisions Of the articles
of union whenever it suits their
pleasure to do so. The decision
IN the Porto Rico case is an ex-
ample of their arbitrary exercise
of power, in which they hold to
the revolutionary doctrine that
the president and congress, and
not the will of the people as ex-
pressed in the constitution, are the
sources of authority over part of
the American people. This view
is strictly III harmony with that
held by the monarchical powers of
Europe who proceed upon the
principle that kings have divine
rights, that the only use that COM
mon people are to the world is
that they are proper subjects to
be governed.
In fact the supreme court of the
United States, is paramount to the
constitution, to congress and to
the president, since they can,
without let or hindrance, declare
what the constitution means by
certain of it's provisions. even
though their view be plainly op-
posed to that instrument. For
instance that body might hold
that Georgia is entitled to only
one senator; aud, according to the
theory entertained of the powers
of this court, there would be no
redress for Georgia in spite of the
fact that the constitution provides
she shall have two. In the same
manner that tribunal can annul
every law passed by congress and
the state legislatures and thus an
initiate the federal and state gov
ernments. The president can be
controlled IN the same way. That
this is absolutism equal to that of
Russia no sensible man will deny.
1t may be observed that the
practice of annulling laws by the
courts because of. their alleged con-
tilct with constitutions, was an
unknown proceeding prior to 1887,
about the time when the federal
constitution was framed (Coolev's
Const. Lin The courts took the
laws as they found them, and
without attempting to setup their
opinions as to what the people, in
their sovereign capacity intended
by certain provisions in their or
ganic laws, applied them, leaving
it to the people to repeal the pro-
visions if they did not like their
practical application. Pennsylva.
MIA possessed a board of censors
clothed with the power to examine
oll laws DoScad oocb 1voor b1- - o.