The Washington times., 1907-12-24
JUSTICE HARLAN
PUTS NATION FIRST
States Must Yield When
Powers Clash Lest
Liberty Perish.
Supreme Court Judge Guest
at Kentucky Society
Dinner.

NEW YORK. Dec. 24..JustIce Har-
Ian Of the United States Supreme Court
was the chief guest last night OF the
Kentuckians in New York at the Hotel
Plaza. Nearly two hundred persons
were present.
Among the speakers were John G..
Carlisle, president of the Kentuckians;
Judge John L. Dillon OF Washington;
Chief Justice Cullen OF New York. ex-
Senator J. Q. Spooner OF z7ew York.
and Augustus Thomas, ex-pregident OF
the Missouri Society. Justice Harlan
said in part:
There are some, Mr.. President who
think they sec dark clouds upon the
horizon Of our future, and express grave
apprehension as to the stability Of the
government ordained. by the people OF
the United States and established by
the Constitution. In a population %
9O0O0,O0O we must expect TO find many
who indulge in gloomy forebodings as
the future OF the country, and who
seem to cultivate the habit OF predict
ing disaster. Such persons are quite
unhappy when the facts do not Justify
them IN believing that everything is
going wrong. But there IS no occasion
for alarm. The American people. know
ing that eternal vigilance is the price
Of liberty, viii take care that no harm
shall come to the country.
Alive to Rights Now.
The American people are more de-
termined than at any time In their his
tory 20 maintain both national and
State rights. as those rights exist under
the union ordained by the Constitution.
1 say the people or the United S',-te-
for although the Constitution wa ac-
cepted by the separate action % he
people in their respective States. hey
moved together. in their collective ca
pacity, as one people. in creating a na-
tiOn for certain specified objects Of gen
eral concern. They viii not patiently
consider any suggestion or device that
looks TO a union upon any other basis.
They viii maintain, at whatever cost
and b. al their integrity. both national
and S,ate rights.
1T IS true that national power a.
now cNeTIed covers a wider field OF
action than It did IN the early days o.
the republic; but that does not prove, as
the pessimiSt would have uE think. that
the Government has usurped powers
that do not belong 10 a and Eae entered
proves only that the nation has from
time 10 time. as the public interests de-
manded. brought into active operation
powers which Congress had not pre-
viously chosen 70 exert.
Both Powers Hand-in- Hand.
IF. then. the matchIess government
devised by the fathers and ordained by
the people Of the United States IS to bC
preserved and handed down intact q
posterity. national power and State
power must go hand in hand in harmony
with the Constitution. II those powers
clash the paramount authority Of the
Union within its prescribed sphere ol
action must prevail. Such Is the express
mandate Of the Constitution. and such
our common sense and experience tel
US, must always be the case. n liberty
regulated by law IS not 70 perish from
our land.
Therefore let the country gather "
ali the strength that comes from tht
patriotism and loyalty Of the American
people and 20 forward IN It's marvelou.
career. holding 20 the confident belief
justified by the words Of the COnstitu
tiOn, and BY judicial decisions. that tbs
checks in our governmental system vii
act in the future. as they have sUfflceC
In the past, 10 guard our institutions
against insldiOus attacks upon the Iun
damental principles Of free gOveTnmen
OF against Llc eAelClse oL al VI aAJ "
usurped power. Keeping within TIT
scCDe and broad lines Of the Constitu
tion we may walk safely and withou
fear.
I'VE need not hesitate 20 build on IN,
foundations laid by our forefathers
Those foundations are broad and deep
and so long as new measures and poll
Cies are tested by tho plumb line Of th'
Constitution and we keep well within
its wise limitations we may safely reA
-s-h fever sIIDeTStruCtuTe our welfare ant
! greatness as a nation may T.qulre.'