The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1904-08-11
Powers aud DntIes

OF g0Vernment-the executive, 1eg1Sla-
tive and judicial certain powers, and
it is the duty of those administering
each department SO to act as to pre-
serve, rather than to destroy, the po-
tency Of the coordinate branches of the
government, and thus secure the exer-
else of all the powers conferred by the
people.
Thomas Jefferson, in a letter to Will
liam G. Jarvis, touching the perpetuity
of our institutions, written many years
after he had retired to private life,
said: IF the three powers of our gov
eminent maintain their mutual indie
pendence of each other, it may last
long. but not SO if either can assume
the authority of the other 1t must be
confessed that in the course of our his
tory executives have employed powers
not belonging to them: statutes have
been passed that were expressly forbid
den by the Constitution and statutes
have been set aside as unconstitutional
when it was difficult to point out the
provisions said to be offended against
in their enactment; all this has been
done with a good purpose, no doubt,
but in disregard nevertheless, fthe
fact that ours is a government of laws,
not Of men. deriving its Just powers
from the consent Of the governed" If
we would have our government con-
tinue during the ages to come, for the
benefit OF those who shall succeed us,
we must ever be on our guard against
the danger of usurpation of that au-
thority which resides in the whole peo-
pie, whether the usurpation be by Off
scials representing one of the three
great departments Of government, or
by body of men acting without
commission from the people
Mob Law.
Impatience of the restraints of law,
as well as of its delays, is becoming
more and more manifest from day to
day. Within the past few years many
instances have been brought to our at
tention, where in different parts of our
beloved country supposed criminals
have been seized and punished by
mob, notwithstanding the fact that the
Constitution Of each state guarantees
to every person within its jurisdiction
that his life, his liberty or his property
shall not be taken from him without
due process of law.
In struggle between employers and
employees. dynamite is said to have
been used by the latter, resulting in the
loss Of life and the destruction Of prop
erty. The perpetrators Of this offence
against the laws Of God and man, and
all others engaged in the conspiracy
with them, should. after due trial and
conviction, have had melted out to them
he most rigorous punishment known to
the law. This crime, added perhaps to
others, led to the formation of a COM
mittee Of citizens that, with the sup
port of the military authority. deports
from the state. without trial, persons
suspected of belonging to the organiza-
ton of which the perpetrators of the
dynamite outrages were supposed to be
members. In both cases the reign Of
law gave way to the reign Of force.
These illustrations present some evil
dence of the failure of government to
protect the citizen and his property,
which not only justified the action of
your convention in this regard, but
made it It's duty To call attention to the
fact that constitutional guarantees are
violated whenever any citizen is denied
the right to labor, to acquire and to en-
joy property, or to reside where his in
terests or inclination may determine;
and the fuifllment of the assurance to
rebrke and punish all denials of these
rights, whether brought about by indi-
viduals or government agencies, should
be enforced by every official and sup
ported by every citizen. The essence Of
good government lies in strict obser-
.forcement of law and order and rugged
opposition to all encroachment upon
the sovereignty Of the people.
CenasIIustnnaitsm mnd importation.
The foregoing suggestions but empha-
size the distinction which exists be-
tween our own and many other forms
of government. It has been well said,
i'll substance, that there are but two
powers in government, one the power Of
the sword, sustained by the hand that
wields it, and the other the power of
the law, sustained by an enlightened
public sentiment. The difference in
these powers is the difference between
a republic-such as ours, based on law
and written constitution, supported
by intelligence. virtue and patriotism
and a monarchy sustained by force ex-
erted by an individual, uncontrolled by
laws other than those made or sane
toned by him; ane represents Consti-
tutionalism, the other Imperialism.
The TnrIfT
The present tariff law is unjust in its
operation, excessive in many of it's
rates and so framed in particular in
stances as to exact inordinate profits
from the people. So well understood
has this view become that many prom
inent members of the republican party,
and at least two Of it's state conven-
lions, have dared to voice the general
sentiment on that subject. That party
seems, however, to be collectively able
to harmonic only upon plank that
admits that revision may from time to
time be necessary, but it is so phrased
that it is expected to be satisfactory to
those who savor reduction thereof,