The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-10

servative, instead OF rash action; the pro-
lection OF the innocent as well as the
punishment OF the guilty; the encourage
ment OF industry, economy and thrift; the
protection OF property and a guarantee or
the enforcement for the benefit or all OF
mans inalienable rights. among which,
as said in the Declaration OF lndepend-
ence, are life, liberty and the pursuit
or happiness Liberty, as understood In
this country means not only the right or
freedom from actual servitude. imprison-
ment or restraint. but the right OF one 70
use his faculties I'm all lawful ways, 10
live and work where he will and 10 pur-
sue any lawful trade or business.
These essential rights OF life. liberty
and property are not only guaranteed 10
the citizen by the Constitution OF each OF
the several states, but the states
are by the Fourteenth Amendment TO the
Constitution OF the United States forbid
den to deprive any person OF any one OF
them without due process OF law.
THUS FAR SHALT THOU GO.
Occasionally. by reason OF unnecessary
or impatient agitation for reforms or De-
cause the limitations placed upon the de-
partments OF government by the consu-
tuition are disregarded by OFFICIALS desiring
10 accomplish that which 10 them seems
good. whether the power exists In them
or not Il becomes desirable to call atten-
TO the fact that the people, In whom all
power resides, have seen fit. through the
medium OF the Constitution. to limit the
governmental powers conferred and 10
say to departments created by II: rhus
far shalt thou go and no farther.
To secure the ends sought the people
have by the constitution separated and
distributed among the three departments
OF government--the executive. legislative
and judicial--certain powers. ana IL IL
the duty OF those administering each de-
partment so TO act as TO preserve. rather
than to destroy, the potency OF the CO.
ordinate branches OF the governmentand
thus secure the exercise OF all the powers
conferred by the people.
Thomas Jefferson In letter TO VIII
liam c. Jarvis. touching the perpetuity
OF our Institutions. written many years
after he had retired TO private life. said:
IF the three powers OF our government
maintain their mutual independence OK
| each other, II may last long, but not so
! II either can assume the authority OF
! the other" II must be confessed that
| in the course OF our history executives
| has employed powers not belonging 10
them; statutes have been passed that
were expressly forbidden by the consti-
tuition and statutes have been set aside
as unconstitutional when IL 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.
OF the fact that ours Is government OF
laws not OF men. deriving Its Just
powers from the consent OF the gov
erned"
II 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 authority
which resides I'm the whole people, wheth-
er the usurpation be by officials repre-
senting one Of the three great depart
ments OF government or by body OF
men acting without a commission from
the people.
IMPATIENCE OF RESTRAINT.
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 a mob, not
withstanding the fact that the constitu-
tion OF each state guarantees TO every
person within It's Jurisdiction that his life.
his liberty or his property shall not
be taken from him without due process
Of law.
In strugRle between employers ana
employees, dynamite Is said to have been
used by the latter. resulting In the loss
Of life and the destruction Of property.
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 meted out to them the most
rigorous punishment known to the law.
This crime, added perhaps to others.
led TO the formation OF a committee OF
citizens that. with the support OF the
military authority. deports from the
state. without trial. persons suspected Of
the perpetrators Of the dynamite outrage
were supposed TO be members.
In both cases the reign OF law gave
way 10 the reign OF force These Illus
trations present Nsome evidence Of the
failure OF government TO protect the citi-
zen and his property. which not only
justified the action OF your convention
in this regard. but made II It's duty TO
call attention to the fact that constitu-
tional guarantees are violated whenever
any citizen Ia denied the right to labor
to acquire and to enjoy property. or to
reside where his interests or inclinat ton
may determine: and the fulfllment OF the
assurance to rebuke and punish all de-
mails OF these rights, whether brought
about by individuals or government agen-
cies. should be enforced by every official
and supported by every citizen.
/ The essence OF good government lies
| In strict observance OF constitutional
limitations. enforcement of law and or
der and rugged opposition TO all en-
croachment upon the sovereignty OF the
! people.
TWO POWERS IN GOVERNMENT.
The foregoing suggestions but empha-
size the distinction which exists between
our own and many other forms OF govern
ment II has been well said. in sub
stance. that there are but two powers
In government, one the power OF the
sword. sustained by the hand that
wields II, and the other the power Of the
law. sustained by an enlightened public
sentiment. The difference In these
! powers is the difference between re-
public-such as ours. based on law and
written constitution. supported by IN
telligence. virtue and patriotism--and a
monarchy-sustained by force exerted