The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-19


N. Harvey, of New York City. in an ad-
dress before the so.is Of St Patrick here
tonight startled. his audience by Wig
orous sledgehammer attack on President
Roosevelt He said:
zone overpowering question now con-
fronts the American people. Shall they
rule themselves. or shall they be ruled?
Shall their sovereignty continue to be
popular, however inadequate, OF become
patefnal, however beneficial? Shall it be
a government of the people or by the
people: q government based upon pTin-
eiplo, or a government relying upon ex-
pedrency?
''The resSts that have ensued, from the
plan OF the founders Of the republic even
TO the excessive prosperity Of which, hap
ply We are now able to complain, would
seem 10 prove the wisdom OF the conclu-
sion reached by those elder statesmen:
and vet we are told by those now in ex-
eeutive authority that the time has come
when the great body of citizens, con-
vinced of the essential fnadequacy Of that
original policy to meet the requirements
OF new conditions. demand that the pen
dulum be swung back and that the Fed
eraI government be vested with plenary
power. Secretary Root smarked the ten
dency, and President Roosevelt in his
speech at Harrisburg not only accepts,
but reaches eagerly for the responsibility.
Intimates Court Is Being Packed.
Constructions OF the Constitution are
made by the Supreme Court. The jus
tices comprising that august tribunal de-
signed by the fathers 10 hold final au-
@tlority exceeding that of either the EX-
ecutive OF the Congress. are named by
she President. One member Of the Cab
met. in avowed sympathy with the ten
dency noted by the Secretary of State,
has just been designated; another. it is
well understood. awaits appointment as
Chief Justice. a member Of the great
court nominated by the Chief Magistrate.
who voted against the contention Of the
administrations in famous case. was de-
nouuced as 'disl0yal. What are We 10
infer7 That constructions Of the Con-
stitUtion will be found sooner or later by
justices of purely judicial temperament
bent solely upon correct Interpretation, OF
by prejudiced puppets of the executive
arm OF thc government
We need. through executive action
through legislation, and through judicial
Interpretation and construction of law, to
increase the power Of the Federal gov
ernment If We fail thus to increase It,
We show our impotence
Again, he indorsed the explicit deola-
ration;
Whatever can be safely left to the
States should be left to them, but where
the interests of the nation require actor
on the part of the Federal authorities
such action should not be withheld OF
the grounds of mere abstract theory.
To Take Authority by Force.
''The Constitution having sunk 10 thc
level Of mere abstract theory it is mol
surprising that the President should Ut
terly ignore the fact that such power:
as are now vested in the Federal gov
ernment were held originally by the State:
and were surrendered voluntarily by then
for definite purpose; and that all Others
were specifically reserved. IN the phras'
whatever can safely be left to them, w
find a plain implication of purpose no
to ask that additional authority be dele
gated, after the manner provided by th'
Constitution. but to take II virtually b!
force. This Is very far from being mer'
disregard Of abstract theory; it is in fla
violation OF solemn compact. frankly de
risive Of the binding force of contractua
obligations, and is based upon the falls
and dangerous assumption that It Is tn
nation. and not the States, that possesse
the right to give or take away.
But One True Fount OF Wisdom.
We have no need 10 inquire who is Il
determine when and in what respect lOca
governments shall have failed to per
form their functions properly; there
but one fOunt OF true wisdom. but on
abiding place Of relentless virtue left t
this benighted land.
1T is no cause OF surprise. therefore
that such a ruler should telegraph hi
Cabinet ministers:
I do not care in the least for tn
fact that such an agreement is uncon
stitutiOnal
''TrIe. the constitution thus spat upo
was not that of the United States. bu
Of Cuba-an instrument which our gov
ernment had participated in framing
had expressly approved. and by plai
implication promised to sustain Tn
assertion, therefore, was not treasonablt
but x does clearly indicate frame
mind which spurns restraint of even OF
ganio law; incidentally, moreover, IL wa
the most gratuitous and insulting utter
ance respecting a friendly neighbOr an
helpless ward that ever emanated froI
the lips OF an American President
Professions and Practices.
IN the Ordinary course of huma
events. especially in the turmoil and e1
citement and misapprehension Of a ns
tional political contest. an error Nigh
be made. and one might be chosen b
the nation as It's Chief Magistrate wh
should combine in himself qualities [,
profession so inconsistent with HIS pras
tlce as to create general distrust and cor
stitute a real menace TO the stability an
permanenoe Of our national institution.
one. for instance. who. while. demandin
vehemently that all SHOULD be doers an
builders, himself should be the mos
striking exemplar Of constant and pei
slstent tearing down; one who shOul
sternly denoTlce all critics. though hin
self the most eensorious of persons; on
. who should sHeer at opponents for az
tag0niz!ng radicalism instead Of propos
ing actual reforms, while himself force
CONTINUED or THIRD PAGE.