The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1906-05-25
PRESIDENTS POWER
Judge Speer of Georgia Speaks
at Yale University.
ELABORATES The UNWRlTIEy Law
Cites Notable Instances Where EN-
eeutive Had Co Take Initiative as
when Lincoln snid. ~ Would
Save the Union"

when Lincoln said. 81 Would
Save the Union"
NEW HAVEN, Conn, May -
Judge Speer OF Georgia, lecturer on
the Storrs foundation at the Yale Law
school. concluded his course with an
address upon The Unwrittcn Law of
the Constitution" dealing with that
phase Of the subject which may De
termed "the initiative of the prcsi-
dent" An apt Illustration Of the cxer-
else Of the prerogatlye had reference 90
the response Of President Roosevelt iu
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 10 take IN
slant charge Of affairs, 10 declare mar
tial law and 10 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 20 the appeal
Of the president and It's appropriation
Of 100000 out Of the public treasury
were In themselves acts confirming alb
sOlutely the right OF presidential initil-
tive. And yet" said Judge Speer. "thc
strict constructlOnlst of the cOnstitu-
tion would look In vain for any word
or syllable which expressly Justihes
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 10 do. Mr.. Jcncr-
son, however, I'm his Louisiana pur.
chase did a void act, as he had no cx-
pressly granted power TO DO what Doc
did. Yet this act was 10 give 20 our
country power, prestige and magn.h
cence of what perhaps Washington
never dreamed.
A disciple OF Mr. jefferson was prcsl-
dent James Monroe. His exercise of
the presidential initiative was quite ns
marked as that Of his teacher and fa-
nous predecessor. The remarkable
message containing expression of the
Monroe doctrine was mentioned as anil
Instance. The initiative of the prcsi- .
dent was but expressive OF the spirit .
Of the people, said Judge Specr The .
decisive action Of Andrew Jackson in /
the days Of theory and practice OF /
notification saved America from scri- .
ous and continued danger Of foreign .
aggression and the horror Of dlsuuion
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 cx-
ercIse OF the presidential initiative was
the emancipation proclamation Of Pres
ident Lincoln. The reason for II was
given by Mr.. Lincoln I'm n reply 20
Horace Greeley In the words. as 10
the policy seem TO be pursuing. as
you say. have not meant 10 leave any
one IN doubt. | would save the Tn
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 q trace of
regret or resentment for such eman-
cipatlon In the hearts Of the people
whom I love and among whom I'm my
far southern home II is my happiness 20
I've.
"One other Illustration and ! ann
lone. On antlpodean soil and water
ess than year ago Russia and Japan
we're In the deadllest grapple of fu
'lous and murderous warfare. on one
'lde were arrayed the huge men of
hat fierce Slavonlc race from whose
regions OF Ice and snow I'm centuries
)ast many devastating armies have
zone forth to prey on falrer lands
Confronting them were the forces NJ
he island kingdom, the little men of
Nippon. To the amazement Of the
world In not a single conflict have
hey been defeated. The world stands
ghast. Then interviews the great heart.
ne mighty Influence, Of the president
4 our country. The bclligereut hear !
lis benignant offer An armIstice is
declared.
'The plenlpotentlaries meet in New j
England town. At one time It seems
S II all efforts are In vain. The pres
lent perseveres. From his own quiet j
ONE he Is In constant touch with the
OF Japan and Russia, y
he emperor and the car The ma
Ions OF the world, with expectancy d
eyond compare. regard the unwonted
Gene. And finally the triumph Of
comes, and peace TO bleed
~, starving and agonlzed millions.
"The measure of his reward is the j
Dmforting assurance OF the Master %
Blessed are the peacemakers. for they ll
hall be called the children Of God 81
nd as II upheld him and gave him all q
)nfldence and trust. In that reward e
Is country shall share" c
Double Drowning at Union Lake. h