Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1901-09-02
LITTLEFIELD's CRITICS

LITTLEFIELD's CRITICS
Congressman Iittlenelds structures
ON the Supreme Court delivered before
the Bar Association. have caused al
great deal Of newspaper criticism, and
the INSTRUMENTATION organs have
used 1t as text for number of
scathing articles; but all such argu-
ments are based upon the strict con-
glruction Of the Constitution, disre-.
garding the necessity for % Reliability
in the application OF that instrument,
without which the welfareand progress
Of our country would be impossible.
The Constitution. as framed by our
fathers. was a mere sketch, which re-
CURED filing in and extending, to make
our system OF government harmonious
and operative
n has been favorite saying that
Iobp Marshall did not only interpret
The Constitution. but he made It, And
IN recent wears this decentralization OF in
,ernra,a,ioas that were unpopular in
certain. olarters. could by no means
equal the tirade hurled at Marshall
when ne announced that the acts OF
Congress we're subject to review by the
Supreme Court
But It seems that Mr. Littlcheid has
not even precedent 10 back MS asser-
tions. Judge Townsend, Of New Maven
I'M commenting on the remarkable
speech says'
From the time OF the Louisiana pur-
chase. in 1903, down TO the treaty with
spain In 1898. the treaty making POKER
of the government has exercised the
right to deal as il saw 1T with tbs
status of the inhabitants Of ceded terri
tory. one hundred years ago the SUI
preme Court of the United states said
that contemporaneous construction,
especially when long acquiesced in,
was very strong, if not controlling,
with reference to the provisions of the
Constitution. For one hundred years
we have. acted upon the theory that
such act Of Congress was necessary;
that the imposition Of different rates OF
duty was not in violation of the Con-
stitution. and in our Civil War we
stitution followed the flag And so
gentlemen, / rejoice in this great deci-
sion OF the Supreme Court, which the
trainers Of the Constitution must have
intended, that this country should
come forth not born as a cripple init
the family of nations, but that she
should possess all the essential at
tributes Of sovereignty which woull
enable her to govern her possession
according TO the best interests OF IN
American people, and subject only q
those prohibitlye provisions Of th
Constitution which guarantee protec
lion against Interference with natura
rights.
This sounds reasonable. and an ed
torlal from the New York Tribune {
the same tenor. leaves Mr.. Littleiel
without a base to stand upon. III
Tribune says:
Louisiana. when annexed by Jeffel
son, was ruled without conformity |
the provisions Of the Constitute
which are now invoked to tie u
hands Of the government and make Il
ruling Of the newly acquired islam,
practically impossible. since nantes
~ they could not in practice be 20
erned as we govern ourselves, howev
beautiful the dream Of so administe
ing their affairs may be. Florida WI
likewise governed unhampered by Il
Constitution; our Indian territories a
ways have been, and Alaska for yea
hae been subject to revenue lax
which would have been nnconstit
tionalif applied to New York.
There is room for differing vie
Of the nature and scope Of the Cons
tuition. The question involved in {
island cases IS merely new phase
that larger question which in succet
i've stages-concerning the right to
quite territory at all, the right to Ct
ate Federal corporation or make
ternai improvements or levy a pi
tective tariff. the right TO issue lei
tender notes. and the right TO ma
tain the Union by force without
grant OF that power in the Constl
ti0n-has divided American politi
thinkers. Mr.. Littiefeld is fairly
titled TO hold and advocate his cons
tutional theory, just as Calhoun q
fancy and John Taylor did IN th
day; but It is a little late 70 decl
the opposite view TO be contrary to
precedent or authority and ridicule
supreme Court because majority
its justices hold that doctrine Of ]
eral Construction and national S
eighty.
nro - 49, a. 4,4t~,-.. ,.-t&1r,f ..,,s~