The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-26

system OF slave labor in vogue IN the
South, and recognized by the Consti-
ana the resources s they would have
established their right. We suppress
ed their rebellion and preserved the
Union, because We had resources OF
me men ne and money to whip this "eo5sen,-
good people OF the South. We forced
government upon them against their
Certain 1T is that the result of the
encroachment upon the great
numbers of rights upon the
great numbers OF rights reserved to
the States. That war was not fought
to make the Government at Washing
ton a centralized despotism./ That
Government remained one unimpaired
s1f IS s n sso 9 nnd ous aRays
to be in practice, Government subject
to the limitations OF a written Consti-
tuition. The right to amend that In
strument In manner provided must al
Without discussing the manner OF
their adoption, for they have been
recognized by all lawful authority as
having been really adopted; a brief
and Fifteenth Amendments and their
effect upos our Government Is appro-
PIRATE. BY the frst of these the In
stitution OF slavery was abolished. The
Fourteenth amendment was adopted to
secure equality before the law. Its
expression, Nor shall any state deprive
any person of life. liberty, or property
without due process OF law. has been
s sss UnsS ss to ssn that Saas
life liberty. or property Is taken in
pursuance Of. and In the regular admin
astration of, the laws, in the tribunals
of State they are taken with due pro-
n w w that must
always square with the declaration that
the Constitution, laws. and treaties OF
the United states are the supreme law
of the land.
know from recent public discussion
in Alabama, does not confer the right
of suffrage upon any citizen. Presf-
dent Taft in his inaugural address,
said:
There was a time when Northerners
who sympathized with the negro in
his necessary struggle for better con-
ditions sought to give MIN the sur.
its exercise against the prevailing sem
timent of the South. The movement
proved to be failure. What remains
Is the Fifteenth Amendment to the
statutes OF States specifying quaiifi-
cations for electors subjected TO the
test OF compliance with that amend
ment. 1t will never be re-
Psssd ana G nsa n 0sver passed. IS DE-
might be difficult now to adopt 1t; but
with 1t In our fundamental law, the
policy of Southern legislation must
and will tend to obey i. and SO long
test OF this amendment and are not
otherwise In conflict with the Consti-
tuition and laws of the United states.
1t is not the disposition or within the
province of the Federal Government
to interfere with the regulation by
southern States of their domestic af-
This timely utterance of the Chief
ton of right of the State and an
acknowledgement Of Federal limita-
lions.
There was a time when the extreme
disciples of Alexander Hamilton sought
to heap obloquy upon the doctrine OF
States rights But that time has
passed.
Whatever may have been the usurpa.
ton of power by the Federal Govern
ment and Federal agencies in time of
war, they cannot be justified in the
times of peace. The danger now, my
fellow countrymen, is not from violent
o. on me tbo psr
administer 1t. The danger comes from
secret usurpations and from the propa-
CATION of the vicious doctrine that the
Federal Government must must grow ..h In
United States must extend in scope by
unauthorized executive and congress
siOnal action and by judicial construc-
tion These MAKE the the g FSIgSd for p sD
pie who value undiminished State gov.
eminent as the chosen guardian Of
most of the rights OF the Individual.
The soundness of that doctrine, modi-
ned by constitutional amendment in the
particulars / have mentioned. was un-
Intentionally recognized. by former
President Roosevelt when he advocated
the heresy Of the Federal usurpap9n
the States, for reasons satisfactory 70
them do not exercise certain OF their
powers This opinion has been echoed
by a distinguished gentleman. once
from New York 1t is strange and
dungeons doctrine to ray that the non.
use OF a power is destructive OF that
F gSwsF the and power verse to that tse
Government the powers of which, ac-
cording to the very terms Of the sol
emn instrument that created II, can
not be added to or subtrscted from ex-
1t is SUFFICIENT to say that the posses
sion of power is valuable whether
1t Is invoked or not, for the posses
sor and others know tnat the P pGb%er
ever he deems 1t either necessary or
LET Let us dissent, too. from the view
that the Federal Government can un,
to a State; can for example, under us
treaty with japan. nullify the state
laws of California, establishing stare
schools and providing separate .b sa61on
These schools were set up and main
tanned wholly by State laws and state
money. They come under no purVieW
of the Federal Constitution. no
ahrORat0 the
State law for treaty that undertook
TO do such is at variance with the pow
ers reserved to the states by the con ,,n-
stitution of the United states taat o1s nas
against the organic law Of the Union
is to the extent of its onending
legal nullity. In the California case
the treaty vas IN It's relseio1 ror 10 ' in
contravention OF the Constitution OF the
United States, and. therefore, JUST az
Ineffective as an act or congress oe-
clarinr that we shall not have sepa-
rate coach laws in Alabama or sepa-
rate/schools for the races.
A former chief executive was Tore
most In the effort to break down tne
guarantees asserted as Or FIshs ~ i Hai Il
not to 20 far afield to say that ne, was
never happier as President than wnen
he was attempting an infractien OF tne
Constitution. The Congress. II must De
confessed had set for him many bad
exampies of Violated tradition and law,
Recent legislation shows growing
disnositIon on the part of Congress to
t taie over matters under the Federal
mower not properly belonging there.
This IL accounted for largely by the
willingness of the States to forego IN
such matters the exercise Of their full
duty in governing for the sake Of hav-
ing the Federal government bear the
exnense OF the work that rightfully
hefongs to the State. And II is also
induced BY the desire Of Senator'S and