The times., 1901-05-28

| and unambiguous to permit it's meaning
| to be thus influenced.
| Briefs have been presented al this bar,
! purporting to be on behalf of certain in
! dustries, and eloquently setting forth the
| desirabiity that our Government should
! possess the power to impose a tariff on
! the products of newly acquired terrific
| ries so as to diminish or remove competi-
/ tion. But that furnishes no basis for ju-
! dicial judgment, and if the producers of
! tobacco, or sugar. or rice, in the existing
] States OF this Union, believe the Constl-
! tuition should be amended q as to reach
! that result the instrument .Cself provides
/ how such amendment can be accom-
/ plished The people of all the States are
! entitled to voice in the settlement or
! that subject.
again. it is objected on behalf of the
/ Government that the possession of abso-
/ lutte power is essential to the ACQUISITION
( of vast and distant territories and that
! we should regard the situation as II Is
/ today rather than as it was century
ago. We must look AT the situation as
comprehending q possibility do not say a
probability, but possibility-that the equeS-
! tion might be as TO the powers of this
/ Givernmont in the acquisition of Egypt
and the SOudan, or a section of Central
| Africa, or a spot in the Antarctic Circle,
or section of the Chinese Empire.
But it must be remembered that, as
/ Marshall and Story declared. the COnSti-
/ tuition was framed for ages to come, ana
J that the SagaciOus men who framed II
! We're well aware that a mighty future
waited on their work. The rising sun to
which Franklin referred at the close OF
! the convention, they well knew, was that
/ star OF empire, whose course Berkeley
had sung sixty years before.
They may not indeed have deliberately
! considered triumphal progress OF the
nation, as such, around -the earth, but,
I as Marshall wrote: 1t is not enough TO
/ say, that this particular case was not in
the mind Of the convention, when the ar
ticle was framed. nor of the American
people when it was adopted. 1t is nee
esSary to go farther, and TO say that, had
/ this particular case been suggested, the
language would have been so varied, as
to exclude it. or it would have been made
a special exception.
This cannot be said, and. on the con-
trary. in order to the successful extension
of our Institutions. the reasonable pre-
sumption is that the limitations on the
eXertiOn Of arbitrary power would have
been made more rigorous.
After ALL these arguments are merely
political. and political reasons have not
the requisite certainty to afford rules of
judicial Interpretation.
Congress has power to make all laws
which shah be necessary and proper for
carrying into execution all the powers
vested by the Constitution in the Govern
ment OF the United States, or in any de-
partment or officer thereof. If the end be
legitimate and within the scope of the
Constitution, then, to accomplish it, Con-
STtSS may use al means RhlcH are aD-
pTopriate, which are plainly adapted TO
that end, which are not prohibited but
consist with the letter and spirit of the
Constitution
The grave duty of determining whether
an act of Congress does or does not COM
ply with these requirements is only to ba
discharged by applying the well settled
rules which govern the INTERPRETATION of
fundamental law, unaffected by the theo-
retiCal opinions of individuals
Tested by those rules our conviction is
that the imposition of these duties can
not be sustained.
LIMITED BY THE CONSTITUTION
Mr.. Justice Harlan, besides concurring
in the dissent Of the Chief Justice, added
one of his own, the reading of which con-
Guided the principal case of the day
Quoting Chief Justice Marshall in Nc
Culloch vs.. Maryland and Cohens VS.. Vir-
ginia, the Justice said:
In view of these utterances by this
court, cannot assent to the proposition,
whether it be announced in express words
or by implication, that the National Gov
ernment is a government by the States in
union, and that the prohibitions and lirai-
tatiOns Of the Constitution are addressed
only to the States. That is but another
form of saying that the Government is a
mere league of States, held together by !
compact between themselves whereas, as
this court has often declared, 1t is a Gov
ernment created by the people of the |
United States, with enumerated powers, |
and supreme with respect to certain OBJ
jects throughout all the territory over
which its jurisdiction extends. The Con-
stitution by which that Government was
created speaks not simply to the States !
in their original capacities but TO all peo-
pies, whether Of States or Territories, who |
are subject to the authority and juriSdic- |
tion OF the United States.
I take leave TO say that If the princi- /
pies now announced should ever receive /
the sanction of a majority of this court /
the result will be a radical and mischiev- /
Gus change in OUT system of government. !
We viii, in that event, pass from the era /
Of constitutional liberty, guarded and pro- I
tected by written Constitution, into an /
era Of legislative absolutIsm, in respect |
of many rights that are dear to all peo- |
sAlthough from the foundation of the !
Government this court has held steadily !
to the view that the Government Of the |
United States was one Of enumerated |
nov,rrs. and that no one of its branches, |
nor all of its branches combined, could |
exercise powers not |
granted, or which We're not necessarily |
implied from those expressly granted, we I
are now informed that Congress possesses |
powers outside of the Constitution, and !
may deal with new territory, acquired /
by treaty or conquest, in the same man. /
ner as other nations have been accustom- |
ed to act with respect 10 territories ac- /
Quired by them. In my opinion, Congress |
has no existence and can exercise no au- |
less is # true that Congress can deal with /
new territories just as other nations have |
done or may do with their new territories. |
This nation is under the control of a writ
ten Constitution, which is the supreme law |
Of the land, ard the only source of the /
powers which our Government, or any I
branch or officer OF it, may exercise at |
any time or at any place.
DIFFERENT WITH MoNARCHIES.
"Monarchial and despotic Governments,
In their powers by written
may do with newly acquired |
territories what this Government may not |
do consistently with our fundamental law.
To say otherwise is to concede that Con-
gress may, by action taken outside of
the Constitution, engraft upon our Repub-
ican institutions colonial system such
as exists under nonarchiaI Governments.
That result was never contemplated by
The fathers OF the Constitution, and if
that instrument had contained a word
suggesting the possibility Of a result Of
hat character, il would never have been
adopted by the people Of the United |
States. X he idea that this country may
acquire territories anywhere upon the
sarth, by conquest or treaty, and hold
hem as mere colonies or prOvinces-the |
leCple inhabitlng them TO enjoy only such
tights as Congress chose TO accord TO
hem-is wholly inconsistent with the
spirit and genius az well as with the
words Of the Constitution. II
THE idea prevails with some-indeed.S
mas found expression IN public speeches
md addresses-that we have here in this
substantially TWO national gov
zrnments; one, to be maintained under |
he Constitution, with all It's restrictions; !
he other TO be maintained by Congress
outside and independently Of that instru-
ment. and exercising powers that belong
10 the other nations Of the earth. It is |
one thing to give such a latitudinarian |
ffnH4 inn mill