The Portland daily press., 1901-02-19

hahsas oorpnss tae prohibition OF ex poss
faeto laws, and OF ali laws Tor the ue-
plivation OF life, liberty or propersy
wi shont due uroeese; all the provisions
against Determinations in favor OF states
or secrions; tbs protsotion thrown
around criminals; tre security OF trial
bv jury; the right to the enjoyment every
whsre OF the privileges and immupities
OF citizens OF the several states; these
were the great guarantees OF tne oonsu-
tuition We ask you, whether. after the
lapse OF a century, they do net All shine
today like the consteliatinnsf Ths build
ers OF our constitution hal not been with
out prsoti0al experience Almost every
state, at tine time the Federal Constltu-
tiopaI Convention met, had written
constitution, which had the great guar
antics OF which we Rave spoken. But
with regard to tae rel ationa OF the statos
20 tns feaerai government, they trod
path never blazeu. On thu one hand,
they came together to make more per-
feet union: on the other, they did not
forget tnat the towns ana the individual
colonies had been aoie to mest success
fully, first the tyranny Of Great Britain,
exercised through OWL authorities, ana,
afterwards. ner armed forces. Iho Two
were at different poles, and were to be
oounterbalanced. The machinery for this
was necessarily experimental, IL was
not possible that it would not osoillats
But when, even here, we take the great
Landmarks set by the Supreme Court,
whose decisions ultimately control both
directly and by appealing 70 the hearts
and good sense Of the people, thsy stand
as they always stood.
Chief Justice Waite, speaking In behalf
of the Supreme Court In 1876. said:
"The government thus Established ana
defined Is to some extent a government OF
the States IN their political capacity. lt
is also for certain purposes, government
OF the people. Its powers are limited IN
mum Der, but not In degree. Within the
scope OF its powers, as enumerated and
defined, IL is supreme and above tha
States; but beyond, It has no existence
1t was erected for special purposes, and
endowed with all the powers necessary for
its own preservation and the accomplish
ment of the end it's people had In view
1t can neither grant nor secure to its
citizens any right or privilege not express
ly or by implication placed under Its jur-
isdiotion. The people the Unitsd States
resident within any state are subject TO
two governments; one State and the other
national butthere need be no conflict
between the two. The powers which one
possesses the other does not. They are es-
tablished for different purpose and have
separate jurisdictions. Together they
make one whole, and furnish the people
Of the United States with a complete gov
ernment, ample for the protection VI all
MIR, Justice Miller, in mis- address at
the ssmi-centennial OF the University OF
Michigan in 1851, In closing his compari-
son OF the decisions Of the supreme Court
sincs this war Of the rebellion with those
before, Raid: $50
"The necessity OF the great powers, con-
oeded by the constitution originally to the
Federal government, and the equal nee
easily Of the autonomy Of the States and
their power to regulate their domestic
affairs remain as the great features OF our
complex form of government"
Everything thus said only echoes Mar
shall and his associates. Personal theo-
ries have nothing to do with historical
questions, but we are persuaded that,
while, in view Of the great and rapid
growth OF our affairs, we have been i'm
patient at the lack OF the restraints Of
law, and have, therefore, appealed to the
stronger power, yet, as our interests be-
come settled, the distinctive forces OF the
Federal government and the several
states will be mors thoroughly value d
ana we will adhere the more closely TO
the fundamental sentiment which under
lies our composite political structure.
1t is said that certain usages have in
terVened, that certain practices have
grown up, which are additional TO the
Constitution ana which, In some sense,
have avoided its puroses. We cannot to-
call the question OF the purchase OF Lou
isiana, and the questions OF local govern
ment which It's acquisition temporarily
presented. What ever has been said con-
csrning them, one thing is certain In
the end no fundamental right guaranteed
by the Constitution was diminished
thereby. On the other hand, the borders
have besn extended within which its
principles have effect, Washington, as
YOU recoIIect, In his farewell address,
deprecated a foreign policy for the United
States as those words are commonly un-
derstood Nothing in the Constitution,
either In the preamble or the text, indi-
oates more than a desire to secure inter-
nal happiness and prosperity, or any pur-
poss Of aggTandlzement,o or OF impressing
ourselves on other. nations by force or
diplomacy. Therefore, Washington laid
down the cardinal pFinciplss to govern
our relations. to others as follows:
'Ohserve good faith and justice towards
all nations; cultivate peace and har-
mony with all. Religion and morality
enjoin this conduct, and can it be that
good policy does not equally enjoin itP
He had especially In mind our relations
with the nations across the Atlantic.
Probably no part of that remarkable
paper, which has impressed itself upon
our people more than any other since the
Constitution, sank deeper Into the hearts
OF his fellow citizens than this caution
against involving ourselves In ths politi-
cal entanglemeuts of Europe In 1923,
George Canning, jealous Of the Holy ALI
ance desired to secure the cooperation
of the United States to prevent the posi-
bllity OF the aggrandizsment OF the ALI
anoe by seizing portions OF South Amer
lea. In a conversation with our minister
at London he made suggestions which
brough out In the messages or Presi
dent Monroe the declarations forming
| the basis of what Is known as the "Mon.
roe Doctrine This Monroe Doctrine ia
in n certain sense, the supplement OF the
cautions OF Washington. 'We Will moi
| interfere IN the affairs OF Europe and
| Europe Ia not to interfere in ours -
There was In this rough equity: "You
| let us alone, and we viii let you alons, y
which appealed strongly to the American
heart ; and, II there were any thing whloi
| can be said to have been added to tht
| Constitution, without going through tn,
| forms or an amendment, IL was this.
The foreign policy thus developed was
indeed, outside of the purview OF the let
ter of the Constitution, but 1t may wei
be accepted as within the spirit of It
preamble, which declared that the pur
pose was to ensure domestic tranouilit.