Omaha daily bee., 1903-03-08

~ lI1O1NE1 # VI litht 1T u w
have not been lacking in praise
- of our constitution and system OF
government. AS the years go by
- IL becomes more apparent that
the distinctive feature of the constitution
is its judicial system, with the supreme
court at its head. Not i'm the mere fact
of a judicial system, for courts were a
part of our AnglO-Saxon Inheritance. In
deed, long before the settlement Of this
country executive, Legislative and judicial
departments and functions were i'm exist
ence. But the Significance is in the powers
given to the supreme court, and given in
a republic formed by a union of states,
which, though surrendering some of the alb
solute supremacy Of. a nation, were con-
tinued in possession of a large amount OF
Independent authority.
We call ours a federal system of govern
ment. 1t Is federal because there is a ma
ton and states within and a part Of that
nation-a nation supreme in national af-
fairs and in foreign relations. and yet pow
erless to control the purely local interests
of the separate states. We rightfully speak
of the republic as a nation possessed in
its relation to the nations of the world of
all the essential attributes OF nationality,
yet we know that the nation. that congress
as the legislative body of the nation, is
impotent to regulate the police affairs of
the smallest village in any state. Over
local affairs the states are as supreme as
though they were not integral parts of the
republic.
This creation of a new nation with all
the elements of nationality, with absolute
control over national affairs and foreign re-
lations, and yet composed OF states having
a like absolute control over the local af-
fairs of the communities within their linn
its, would, in the nature Of things, result in
controversies between the nation and the
states as to their relative control in many
matters. That such disputes might be set
tied peacefully required an independent
tribunal, and so the constitution provided
the supreme court, and to that court were
given vast powers.
do not assume that this nation will for
get Washington's farewell advice to avoid
entangiing alliances with foreign nations.
But our rapidly extending commerce and
our new possessions, especially those in the
Orient, place us in close touch with the
outer world. We cannot, IL we would, live
10 ourselves alone. We must sit in the
council of the nations. The questions which
will consequently arise are not all political;
many are judicial. And our dealings with
foreign nations must be had with a recogni-
tion of the fact that here, far more than
anywhere else, those questions cannot be
finally determined for the nation save by
the action of the judicial department. A
pertinent illustration is found in the case
of Tucker against Alexandroff, recently de-
cided and reported in 1888 U. s., 424, 434.
We had a treaty with Russia for the sur
render Of deserters from ships of war and
merchant vessels. The Russian government
employed a Philadelphia firm to build a
war ship. Variag. and when near compile
tion it sent a body of men over to serve as
its crew. One deserted, was arrested at
the instance of the Russian vice consul at
Philadelphia and committed for surrender
to the Russian authorities. He sued out a