The Washington herald., 1908-04-24

terance or in some way TO temper or TO
moderate il, but there Il still stands as II
did upon the day on which 1t was first
uttered. as q letter OF maTQue and
reprisal TO justify every pirate In his at
tempt to depredate upon the ship Of state.
We had better tear the Constitution into
shreds and start anew than have such n
manifesto as this, emanating from the
heights, thundered down to Congress and
to the Federal circuits of the United
! States.
! 1T says TO Congress: Pass your I'M
constitutional law, and We viii see to it
that the courts Will make them valid by
interpolating them into the Constitution
Fortified by such an authority as this.
is there any wonder that the President
proposed through the treaty-making power
to overthrow the local institutions of
every Commonwealth of the land with
which 1t came in conflict? The States levy
tax for the support Of their local gov
ernments. and without asking any help
or advice from the Federal government in
this regard. they legislate with reference
to the usages and the customs and the
needs and requirements OF their people
But, says the President. you do all
this subject TO my right 20 barter your
rights away. You have the right, but I
have the power with the consent of the
Senate. to make the treaty, and when
the two rights conflict. mine prevails and
the States must surrender.
u want 10 say 20 the Senate now that
10 my opinion If ii had not been for con-
lcessions that the State OF California made.
or for concessions that the foreign gov
ernment made, either one or the other-I
know not which--when this controversy
was at its height, we would have had a
conflict over this question, led by the
President and his Secretary, the result OF
which and its disastrous consequences II
would have been found impossible to fore
see.
| Are we an indestructible Union OF In
destructible States or is this a govern
ment Of inherent power? II so. where is
the power that lies in sovereignty and not
In grant?
Old Doctrine IL Buried.
''The old doctrine is buried in the
graves of those who sacrificed their for
tunes ana their lives In its defense. and
this new doctrine that I am now dis
eussing was ushered into life with the
advent of the present administration.
and the emergencies that have called
forth Federal activities absolutely COM
pei US now to inquire what is the limit
10 their exercise. Is the emergency 20
control them, or are they governed by
law?
i am a representative Of one Of the
original States, and I stand by the terms
OF the covenant, not by the letter but
by the logic and the spirit OF the charter
say. put into execution every dele
gated power when the necessity arises
for its exercise. but not IL can prevent
II shall the instrument be perverted and
new powers that do not belong there In
corporated into its provisions. We want
the Constitution TO stand as II is: and If
IL is TO be amended. 20 have the change
that It provides.
We are fully capable in the States OF
managing our own affairs In accordance
with our traditions and our usages and
our customs We do not want the juris.
diction OF the Federal courts enlarged
unless demanded by the necessities OF
the case. nor our state courts interfeTed
with in the administration OF justice.
We do not want any unnecessary en-
barge laid upon our legitimate commerce
nor our State charters subjected TO Ped
ured terms against the presence OF Fed |
erai inspectors and deputy marshals and
supervisors IN the business establish /
ments Of our States We deny the right
OF the general government to dictate the
kind CT labor that We shall employ IN
our manufacturing establishments"