The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-30

were not seeking to gain governmental
benefit by clandestine approach and
cunning pretense, but were apt to plain
y present their wants or grievances.
and to openly demand such considera--
ton and care from the general govern
meDt IS was their due under the mani
date o. popular rule. and that in max
ing Their demands they relied on the /
mutual obligations of the rela tionshiD +
between the governed and those n
vested with authority, and invoked the +
reciprocity in political duty which en- I
joins that for the peoples obedience and I
support Of government, there shall BIZ I
given in exchange. by the government
to the people. defense of their personal
rights and the assurance that in safety
and peace they shall surely reap the /
fruits Of their enterprise and labor X 1
may also be well to note the efficacy (
Of the peoples call upon the govern I
ment in those early days. and how
quickly the response came-not by
yielding TO temporary gusts Of popular /
Whlm and caprice-not by c0nferrlns +
benefits on the few at the expense OF
the many-but by quick observation +
of the fact that the withdrawal Of GER /
tam I1ghtful privileges by another ma 7
ton from American settlers had CAUSED I
them distress. and by a prompt deterEni- I
nation to relieve their distress. even u I
the unWelcone visaSe of war fTowned /
in opposition.
Another incident which it seems to /
me we may recall today with profit and I
satisfaction, grew out of the conduct OF I
tAE 4J1GS1QeiiL NHEl the treaty OIL 1cUo +
had been formulated and was returned
TO him for ratification and final COM /
oletlco- He was. as is we'll known 4
originally quite firm in his belief tha<
the constitution as it stood did nc%
authorize such an extension of our linn
its by purchase as the treaty for the
ACQUISITION of the Louisiana territory
COME n.pldted Holding this opinion ana
OF the same time confronted with the
/ clear conviction that the treaty with all
| us stuzoendous advantages could not be
allowed TO fali without positive pei II. If
/ not 10 our national life at least 10 its
most vital object and aspirations. his
perplexity was increased by the re-
ceipt Of an authoritative intimat:on that
any DELAY in final action on the treaty
/ might open the way to a recession on
/ the part of France. In these circum-
stances not daring to risk the delav Of
an amendment 10 the constitution prior
/ to such final action he proposed recon /
cling consistency with duty by pro-
curing a confirmation of the treaty by
! the senate and comprising its unques
tionable valuation by subsequent con
stitutional Amendment.
In view of the conclusive settlement
since that time OF this constitutional
question by every branch of the gov
eminent against Mr.. JeffeFson's original
opinion and in favor of the nation 5
power TO acquire territory as was done
under the treaty of 1903 and considering
the tact that we have since that time
immensely increased our area by the
acquisition not only of neighboring tel
rltory, but of distant islands of the sea-
separated by thousands of miles from
our home domain, we may be inclined to
think lightly Of President Jefferson's
/ scruples concerning the acquisition of
lands not only next adjacent to US. but
lndlSpensa bly, necessary to our peace
and DEVELOPMENT.
There were wise men near our presi-
dent In 1909. who differed with him
touching the nations power to acquire
new territory under the erieinaI rrOvl-
constitution
did not fail to make known their dis
sent Morsover. in the senate to which
the treaty was submitted for eonfirma-
non. there was an bic discussion of its
constitutional validity and effectiveness.
Inc Judgment of that body on this phase
OF the subject was emphaticalIy de-
clared, when out of 81 votes "A were cast
IN IaNOr OF confirmation. An amend
ment to the constitution was afterWard
presented TO congress, but it's first ap-
pearance was its last. 1t does not an
pear that the president interested him
ser IN ITS tate, and it died at the mo-
ment of its introduction
w nile II this day and generation we
may wonder at the doubts which so
perpiexed Jefferson in 1903, and at his
estimate of the limitations of our fun
damental law, and may be startled
when we reflect that if they had been
allowed to control his action we might
nave lost the greatest national oppor-
tunlty which has been presented TO our
people since the adoption Of the con-
stitution. we cannot fail at the same
time to be profoundly grateful that
these doubts and this estimate were
those of man sincere enough and
patriotic enough to listen to wise and
able counsellors and to give his coun-
try the benefit of his admission of the
falliblity of his judgment.
Thomas Jefferson never furnished
better evidence of his greatness than
when just before the submission of
the treaty to the senate he wrote to a
distinguished senator who differed with
MIN on this question. L confess that 1
think it important in the present. case
to set an example against broad con-
structiCn, by appealing for new power
10 the people. If, however our friends
shall think differently certainly [ shall
acquiesce with satisfaction confident
that the good sense of our country will
correct the evil of construction when it
shall produce i'll effects"
A recent writer on American diplom-
acy who is not suspected of partially
for Jeffersonian political doctrine, gave
in strong and graceful terms a good
reason for our gratitude today, when in
referring 10 this subject he wrote 1T
was fortunate for the future of Amer
lea that we had al the head of affairs
a man of such broad views of our
country's future. A less able president
with the same views entertained by
Jefferson as to the constitutionality of
the measure would have put aside the
: ! opportunity Jefferson put aside his
preconceived views as to the fundamea-
tai law. or subordinated them to the
will of the nation, and welcomed the op-
portunity to open up the continent to
the expansion OF American democracy
and free Institutions
We are glad at this hour that JEFF
ferson was wrong in his adverse con-
struction of the constitution. and glad
that he was liberal minded enough to
see that he might be wrong. And yet
may we not probably pause here, long
enough to contrast in our thoughts The
) careful and reverent manner in which
. the restrictions of our fundamental Jaw
were serutinized a hundred years ago,
> with the tendency often seen in later
times to flippantly attempt the adjust
ment of our constitution to the pu~-
poses Of interest and convenience