The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1906-05-22
POWER OF
PRESIDENT
JudseSpeerOfG Georgia Speaks
at Yale University.
THE UNWRITTEN LAW
Cites Notable Instances Where
Executive Had to Take
Initiative.
THE UNWRITTEN LAW

NEW HAVEN. Conn. May ~
Judge Speer of Georgia lecturer on
the StorrS foundation ut the Yale Law |
school concluded his course with an
address upon The Unwritten Law of
the Constitution" dealing with that
phase of the subject which may be
termed the initiative of the pres
dent." An apt Illustration of the exer
else of the prerOgatiye had reference to
the response of President Roosevelt in
giving aid to stricken San Francisco at
the very moment the appalling extent
of the disaster became known.
Judge Speer said that the presidents
order to General Funston to take in
slant charge of affairs, to declare mar
tia law and to relieve the distressed
was not dictated 10y written law but
was the assumption of Il power which
could not I've looked upon as other than
for the highest interest of the country.
| The response of congress to the appeal
| IF the president aud its appropriation
Of $2,O000O0 out of the public treasury
were in themselves acts confirming alb
soutely the right of presidential initial
tive And yet" said Judge Speer, the
| strict constructlOniSt of the conStitu-
ton would look in vain for any word
or syllable which expressly juStities
this or similar action on the part of the
president"
The history of our constitution was
described by Judge Speer, who In trac
ing the principles on which 1t was
| based went back TO the Magma Charta
He teld also of the limitations of the
exercise of power put upon the chief
| magistrate 10y the written law and
| then cited instances of what hid been
done by presidents without the c1nsti
tutional sanction. The suppression OF
the whlskey insurrection in Pennsylya
mia by Washington, Judge Speer said,
was the first important instance OF
| presidential initiative This convinced
the country for the first time that the
| government was not TO be trifled with.
! II is almost forgotten, but had the
president been a weak man the c0nSe-
qicnces to the young nation might
| have been disastrous.
But Washington never lost the OPP
portunity to urge upon his countrymen
to cultivate the independent American
spirit. \ very different man. with very
different views. was Thomas Jefferson.
He had maintained that the United
States had the inherent right TO do no
net whatever and was the creature OF
the states in union.
Washington had done nothing but eX
ecute the laws which he was directed
by the constitution to do. Mr.. Jeffer-
son, however, in his Louisiana pur-
chase did void act, as he had no ex-
pressy granted power to do what he
did. Yet this act was to give to our
country power, prestige and magnfi-
cence of what perhaps Washington
never dreamed
A disciple of Mr.. Jefferson was Presi-
dent James Monroe His exercise of
the presidential initiative was quite as
marked as that of his teacher and IA
nous predecessor The remarkable
message containing expression of the
Monroe doctrine was mentioned as an
Instance The initiative of the preSi
dent was but expressive Of the spirit
of the people. said Judge Speer The
decisive action of Andrew Jackson in
the days of theory and practice Of
notification saved America from ser-
GUS and continued danger of foreign
aggression and the horror of dsunion
and civil war,at home.
His act was approved by such sup
porter Of the constitution MS Joseph
Story and such defender as Daniel
Webster The most widely known eX-
ercise'6f the presidential initiative was
The emancipation proclamation of Pres
dent Lincoln The reason for it was
given by Mr. Lincoln in Il reply to
Horace Greeley in the words: AS to
.he policy seem to be pursuing. as
YOU say. | have not meant to leave any
1ne in doubt | would save the Tn
on After describing the issuance Of
that proclamation Judge Speer told of
its effects upon the people north and
south, adding:
There does not remain "A trace of
regret or resentment for such eman.
cipation in the hearts Of the people
whom | love and among whom in my
far southern home it is my happiness to
live.
We'll do The American people know
the eXigencies of modern commerce and
interc0mmunication between the PEG
pie of the states. They know that
wherever interstate commerce goes
, there goes the power of the Union
They know that lawless obstruction OF
their shipments in transit may iniiict
upon them calamities for which Their,
can be no adequate redress. They are
well aware that state sovereignitv
however attractive in theory or formid
. able In, expression. ceases to be on
eratiye as their products on their way
t to market are rolled over the stat,
D lines
"rhey believe with James Madison
that the government Of the Union is m
institution To make people do thei
duty And they are coming TO know
that OF all others the president hlmsel
is tie direct representative Of all VIII,
are sheltered or inspired by the hai