Perth Amboy evening news., 1906-05-22
TIE POWER OF
THE
Judge Speer Of Georgia Speaks
at Yale University EIabOrates
the UnwHitten Law.

NEW HAVEN, Conn.,, May d.
Judge Speer of Georgia, lecturer ON
the Storrs foundation at the Yale Law
school, concluded his course with an
address upon "srhe Unwritten Law of
the Constitution dealing with that
phase of the subject which may be
termed the initiative OF the presi-
dent" An apt Illustration of the exer.
else of the ~prerogative had reference to
the response OF President Roosevelt in
giving aid to stricken San Francisco at
the very omen 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
tiai law aud to relieve the distressed
was not dictated by written law, but
was the assumption of a power which
could not be looked upon as other than
for the highest interest of the country.
The response of congress to the appeal
of the president and its appropriation
of $2,O00,000 out of the public treasury
were in themselves acts confirming alb
solutely the right of presidential lnitla-
tive. And yet" said Judge Speer, "the
strict constructionist of the constitu-
tion would look in vain for any word
or syllable which expressly justiies
this or similar action on the part of the
president"
Washington had done nothing but ex-
ecute the laws which he was directed
by the constitution to do. Mr.. Jeffer-
son hnurarar I'm his aufctana nnr
chase did a void act, as he had no ex-
pressly granted power to do what he
did. Yet this act was to give to our
country power. prestige and magnifl-
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
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 seri-
GUS and continued danger of foreign
aggression and the horror of disunion
and civil war at home.
His act was approved by such sup
porter of the constitution as Joseph
Story and such defender as Daniel
Webster. The most widely known ex-
ercise of the presidential initiative was
the emancipation proclamation of Pres
ident Lincoln. The reason for 1t was
given by Mr.. Lincoln in a reply to
Horace Greeley in the words: "As to
the policy | seem to be pursuing. as
you say, | have not mean to leave any
one in doubt. l would save the I'm
ion" 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 l love and among whom in my
far southern home it is my happiness to
live.
"One other illustration and l am
done. On a~ntipodean soil and water
less than a year ago Russia and Japan
were in the deadliest grapple of flu
rious int murderous warfare. On one
side were arrayed the huge men Of
that fierce Slavonic race from whose
regions of Ice and snow in centuries
past many devastating armies have
gon forth to prey on fairer lands.
Confronting them were the forces of
the island kingdom, the little men of
Nippon. To Gthe amazement of the
world ID mott a single conflict have
they been defeated. The world stands
aghast. Then interviews the great heart,
the mighty influence, of the president
of our country. The b~elligerent hear
his benignantf offer. An armistice Is
declared. skL9 ~
"The plenipotentiaries meet in a New
England town. uAt 9one time it seems
as If all efforts are. in vain. The pres
ident ~pcrseveres.i From his own quiet
home he Is in constant touch with the
representatives Of Japan and Russia,
the emperor and the ear. The ma
lions of the world, with expectancy
peyouu compdre, reSdtu the uHWOHteu
scene. And finally the triumph of
humanity comes, and peace to bleed
ing, starving and agonized millions.
1.-The measure of his reward is the
comforting assurance of the Master,
Blessed are the peacemakers, for they
shall be called the children of God
And as it upheld him and gave him all
confidence and trust, in that reward
his country shall SHIRE"