Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-21
coBURN WINS
Continued from page -

liberties Accordingly they restricted hi,
authority by the constitutional provision
which they adopted. This eonuitloIi 40
longer is present with Therefore we
claim If it was the theory of state ngrt'--
a condition formerly existing but long
since crushed--which produ1ed the re-.
straint upon the Presidents power that
since the cause itself no longer exists
there IS no reason why the restraint winch
ii produced should still remain. Thirdly
the new perils which now confront as as
a nation makes it absolutely necessary
that the President should have control
ever extreme eases of domestic violence
This peril is the one that our ignorant for
eign population ensenders The states are
not capable of controlling the eyil. There
fore. SINCE this is the greatest evil that
our nation Is compelled to cope with. We
claim MAT the greatest power. which is
allowed TO deal with it.
Lewis w. Durio. the second speaker for
G cst a sala confer upon the pfe
this resolution is not only unnecessary as
my colleague has shown, but il would be
extremely undesirable Undesirable be-
cause capable of dangerous abuse. State
ments from Lockwood DcFncquevilie and
others prove conclusiveiy that the e&ecu-
tive power is fast approaching tyranny.
But n these statements ar" regarded as
too theoretical turn to the history of
facts. Take jackson. Think of his sys-
tenn of removals and his attempts TO
charter the United States National Bank.
Polk usnrped power when he carried on
war with Mexico without the sanction of
To California and New Mexico the right
to maintain state governments before
they had been recognized as members OF
the Union Remember Buchanans con-
duct in 1850 when he sent his Secretary OF
the Interior to North Carolina TO urge
the people there to secede and recall Van
Hnren's unlawful actions. Lincoln. proof
against any ordinary temptation did yield
to the temptation of power though il MAS
in a good cause.
Consider some of the ways in which
this power might be abused by the Pres
dent. First the proposal would lend itsrtf
to an InWarrdnted exercise nf power IL
the terms of the question il II state does
not apply for aid the President may eAer-
else this power whenever in his judgment
the situation furnishes an ocea sion. The
President is given not only the authority
to act but he must decide when to act.
The President Is not familiar enough with
the local conditions TO interfere in dis
turbances in preference to the local aii-
thorities Second the power could be
used for political capital and with its all
the counting of patronage and control of
elections might be attempted. Third, the
labor question would be Unnamed by prej-
power Of the President necessarily would
he dangerously increased
Mr.. Hupper of Martinsviile. tie third
speaker on the affirmative said i'll part.
MY colleagues have proven thar ar
cording to the true theory of this nation :
government the President should have
the power to suppress domestic violence
without request by Il state: and that IN
view of the vast change in public opinion
as regards the relation Of the federal and
state governments. and in view of the new
Tcris which today confront this nation.
the exercise of his power is absolutely
necessary to the welfare OF the people
Their argument is largely that of the
theory of government. / shall bring to
your attention actual facts ana examples
which in themselves demonstrate the
need of vcSting the President WITH the
power of Interference"
lie then pointed out by til" case of TIL
chicago strike of 1894 that IN the absence
ot the Presidents authority imnease dis
uuhanCcS arise, working very injLrioGSlE
to the people Of the entire country. pro
ducinS untold misery ana trouble. all Of
which might be aNcrted ny VcStnS t!te
President with tic power OF interference.
This IL anply demonstrated by the ac-
ton of Cleveland when, after matters had
reached a state Of anarchy. he saw fit even
to violate the Constitution in order to pro
tcct life and property. And even though
Gov. A!teclG made naughty protest
against his interference, the entire nation
upheld Cleveland i'll his act
Tha recent coal strike affords very sim
itar Instances. Here. after matters had
reached q very serious stage ana many
branches of business activity al over the
country were seriously affected. the only
thing that offered even sign nj improve
incnt was the action taken by RooseVt Il
in bringing about the arbitration OF thu
dispute. Yet he had no constitutional atl-
thority for so doing From this very
reason it is evident that with such au-
thority he could have brought about y set
tlcmcnt much more effectively ana QUICK
Another phase of the question IS illus
tratcd by the case of Italy in the difficulty
regarding the murder of Italian citizens
at New orleans in 1871.
MIR IIupper showed that under the exi
listing prOViSioa this nation cannot luldil
it's treaties III cases where domestic Yih-
lence arises in a stat" and the state au-
thorities do not protect the citlz"ns Of luI+
eign countries with which we are in treaty
relations.
in this case with Italy our country was
greatly Inundated in her inability to pro
ItolN'S
Il very serious nature were narrowly
ayertcd
should have power to suppress rio'euc"
when peaceful relations hang in The bal
:nce.
that this country is unable to protect its
own citizens in their constitutional rights
because the President Is forbidden to in
tcriere in their behalf Hy the 18th. attn
and 18th constitutional amendments. this
nation freed the negro, gave him citizen
ship, and guaranteed him suffrage. Yet,
today. tie negro has practically no right 3
whatever. Even senator's from the south
crn states make bold to state in the Sen,
ate that the South always has suppressed
the negro vote and that sh" always will
by whatever violence necessary. Yet this
is done under The shadow OF law anu JUS
ticc while the President is utterly power
less to protect these cilizenS III ,hrF
rights which the Constitution declares
that they shall have. 1t is clear that Il
provision which ruins the effectiveness Of
the Constitution itself should be swept
away.
From these typical instances OF domes-
tic violence the affirmative draws the cen
cluSion that il would he a wise polics to
give the President the power of interior
Gnce in order to protect citizens in the Sc
curty of their rights and to preserve the
honor and prosperity of this nation a
home ana abroad.
Mr. Estes. the last speaker for Coburn. $
side said: 80 vest in the President TINS
nower OF intervention would be suhver-
sivc of the principles of our government.
In the first place our government IS
unique because it is not the result OF one
government absorbing a number OF oth-
ers. bat rather the result of the fedora
ton OF number OF separate states.
These states possess all power hot eN-
pressly delegated to the national govern
inent TO increase the power of the Pres
idcnt would be contrary to this federal
principle 1t would cause hostility. be
tween state and national governments and
might even lead to secession secondly,
the President is not SO well fitted to be
come the arbter in local affairs as the
local authorities themselves. Thirdly, 1t
is the natural right of the state to DO
police duty and to be the Judge in the cN-
ec,tion of its laws Furthermore o'ir
government is a government of the people
and this power would be subversite OF
Of wDull