The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-08-10
JUDGE PARKER S SPEECH
m Accepting the Nomination as the Democratic
Candidate for President.

4 be confessed that in the course of our
i history executives have employed
powers not belonging to them; stat
utes have been passed that were ex-
pressly forbidden 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 good pur-
| pose, no doubt but in disregard, new
erthelesS, of the fact that ours is a
government of laws, not of men, de-
irving it's Just powers from the con-
sent of the governed" If we would
have our government continue dur
ing the ages to come, for the benefit
of those who shall succeed us, we
the danger of usurpation OF that au-
thority which resides in the whole
people, whether the usurpation be by
officials representing one of the three
great departments of governm ent, or
by body of men acting without
commission from the people.
Impotence 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
attention, where in different parts
of our beloved country supposed
criminals have been seized and pun
ished by a mob, Notwithstanding the
fact that the Constitution of each
State guarantees tc every person
within its jurisdiction that his life.
his liberty or his property shall not
be taken from him without due pro-
cess of law.
In q struggle between employers
and employees, dynamite is said to
have been used by the latter, result
ing in the loss of life and the dstruc-
ton Of property. The perpetrators of
and man, and all others engaged in
the conspiracy with them, should, al
ter due trial and conviction, have had
melted out to them the most rigor-
Gus punishment known to the law.
This crime, added perhaps to others,
led TO the formation of committee
of citizens that, with the support of
the military authority, deports from
the State, without trial, persons Sus-
pected 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 its duty to call attention to |
the fact that Constitutional guaran-
tees are violated whenever any citi-
zen is denied the. right to labor, to
acquire and to enjoy property, or to
reside where his interest or inclina-
ton may determine; and the fulfill
nent of the assurance to rebuke and
punish all denials of these rights.
brought about by individuals
Or government agencies, should be en-
forced by every official and supported
by every citizen. The essence of good
government lies in strict observance
Of constitutional limitations, enforce
nent of law and order and rugged OPP
position to all encroachment upon the
sovereignty OF the people.
The foregoing suggestions but en-
DhasiZe the distinction which exists
between our own and many other
forms OF government. 1t has been
we'll said, in substance. that there are
but two powers in government one
the power OF the sword sustained by
the hand that Yields it, and the other
the power of the law. sustained by
an enlightened public sentiment. The
difference in these powers is the diff
terence between rpubic-such as
ours, based on law and a written CON
st!tution. supported by intelligence.
virtue and patriotism-and monar-
by force exerted by an
individual, uncontrolled by laws 9th
er than those made or sanctioned by
aim; one represents Constitutional
SIN, the other Imperialism
The present tariff law is unjust III
is operation, excessive in many Of its
'ates and SO framed in particular in
stances as to exact inOrdinate profits
rom the people. So well understood
las this view become that many prom
nent members of the Republican par
at Of |