The times. [volume] (Richmond, Va.) 1890-1903, 1901-01-17
REPLY 10 GENlsi;AL HARRISON.

REPLY 10 GENERAL HARRISON.
Mr.. Charles a Gardiner, one OF the
Brightest lawyers in New York, deltV-
cred an address yesterday before the New
York Bar Association in reply to the ad-
dress delivered recently by former Presi-
dent Harrison at Ann Arbor, on the
Constitution and our new possessions.
General Harrison bases his entire arsu-
nent on the expansion OF the Con
stitution. He holds that annexation ipso
facto extends the document over annexed
territory. That it becomes operative
therein proprio vigore and confers on the
inhabitants our bin of rights and the
civil and political franchise Of American
citizens. That Congress, therefore, can
not govern the islands with plenary power,
but is subject to Constitutional limita-
lions.
We have been favored with q copy of
Mr. Gardeners scholarly reply, and have
read it with no little entertainment and
instruction. He says at the outset that
the proprio vigore doctrine was originated
-
Congress that the Constitution follows
the flag TIE dogma survived Calhoun
and was made an issue in the momentous
election of 1860. Lincoln was elected, and
Mr. Gardiner claims that the Calhoun
dogma was then retired. if not by the
election. certainly by the war between
the States which followed.
His next point is that this nation did
not extend the Constitution TO a single
territory prior to 1850, but on the contrary
extended the ordinance of 1857. which in
many respects WAS even in conflict with
the Constitution. Never in our history, =
says he, has any one in authority as
sumed that annexation ipso facto extend
ed the Constitution, nor that it existed
in the territories proprio visore.' He
adds:
A Constitution is only an organic law;
it has no inherent vitality, no life, no IN
nate power of migration or expansion
il is not a soul. that General Harrison
or Virgil or some other Pythagorean
might claim transnligra les prepric vigore,
from one political body to another, AMI
mating each with its own vitality. 1t Is
a creature. not a creator. II does not act.
ii regulates action. 1t cannot create
rights. or extend itself or 90 anything
but regulate. 1t is itself inert; the life
is in the people wilo institute IT.
The separate clauses OF the Constitution
are equally incapable Of automatic ac-
ton They may all be extended by eN-
ternal fore but none by innate power;
and, as we have seeen, in every Instance
the extending power is an act Of Congress,
the agent of the living people. There Is
no provision in the Constitution for self
extension of any part of it. Corporate
mortgages often provide for extension
TIoprio vigore over after-acdulred prop
erfy But the Constitution has no such
provision.
Upon the question of civil rights, Mr..
Gardiner is particularly interesting. He
asserts that they are our birthright from
our Anglo5Saxon ancestors; that ahcy
belong to no other people, and that they
are for citizens only He draws dis
tinction between natural and civil rights,
natural rights being given by the creator
to all people while civil rights are guar
antees by watch natural rights are pro-
.ected. He holds that the bill OF rights
applleS only 10 ieieIdi SiliLSiiS' ''tiN liz
as Porto Ricans and Hilipnos are not
federal citizens ii does not apply to them.
The civil rights of our Constitution.
says he. belong by inheritance TO the
Anslo-saxon race alone. Other races
may have civil rights, but not those we
possess. They are our tbrtt1risht.'
We would like to hear Mr.. Gardiner on
the civil rights of the negro from that
point OF view.
Coming TO speak of the uniform tariff
laws. Mr. Gardiner holds that they do
not apply to Porto Rico and the Philip
pines. because these are only outlying
dominions" and not integral parts Of the
United States. He declares that all these
questions are political and not judicial,
and that the court has no more right to
consider or determine them to-day than
il has had at any time in our history, and
that always heretofore it has refused ios
consider such questions. Why the Gov
ernment has not awaited itself of this
conclusive point as he terms it, is to
him incompres,ensible.
In conclusion AR. Gardiner draws the
.deadly parallel. to use shop term. on