The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1912-03-09

Dy 1nBtlnct.
Il would not presume to answer
two such distinguished statesmen as
Mr.. Roosevelt and Mr.. Root with any
argument of my own, but here at
Bound Brook, on the % day of Feb
ruary, shall presume to read the
words of Washington, the foremost
man in the tide of time:
at is important likewise that the
habits of thinking In a free country
should inspire caution in those in
trusted with its administration, to
confine themselves within their re-
spective constitutional spheres, avoid
ing in the exercises of the powers OF
one department to encroach upon an
other. The spirit of encroachment
tends to consolidate the powers of
all the departments in one, and thus
eminent, real despotism. If in the
opinion of the people, the distribu-
ton or modification of the constitu-
tional powers be in any particular
wrong, let it be corrected by an am
endment in the way which the Con-
stitution designates. But let there
be no change by usurpation, for
though this in one instance may be
the instrument of good. II is the Gus
tomary weapon by which free govern
ments are destroyed.
"On the one hand, 1t is proposed
to change the Government we now
have and thereby, as Washington
tells us, create, whatever its form,
a real despotism' by having the court
to find constructions by which all
powers may be centralized in Wash
ington. On the other hand, we are
told that the courts have already
found constructions which will deliv-
er us body and boots into the hands
of the malefactors of great wealth,
and therefore We shall have the re-
call of judges, so that when the UNI
pire decides against the home team,
the whole matter may be referred to
the bleachers.
II am very humble member OF
the bar, and yet hold 1t a high hon
or that | have been permitted to en-
roll my name with the members of
that great profession. I believe the
highest office in any government is
that which calls man to sit in
judgment on the life, the liberty, and
the property of his fellows. The SUI
preme test of the capacity Of any
people for self government is, in the
last analysis: Did they under their
system of government put upon the
bench men who measures up to the
full stature of Just and fearless
Judge? | believe that We have stood
the test.
There was never a time when it
was more universally desired that a
construction of the Constitution
should be found to amplify the Fed.
eral power than when the great
Marshall sat in judgment at the trial
of Aaron Burr. BY killing Hamilton
Burr had incurred the fiery hatred OF
the Federalists to an extent never
seen, except under the impulse of
religious fanaticism. On the other
hand, jefferson had accused him of
treason against his country and so
brought down upon his head the NAL
edictions of the Democrats. From
every side there arose the universal
cry, Cruelty him! Cruelty him!
and yet this great Judge, chief sinner
among the broad Constitutionalists
extend the Federal power as to rec
ognize the doctrine OF constructive
presence where the overt act was
committed, and so Burr was set free.
when the great fancy, worthy
successor to the illustrous Marshall,
was called upon to render the dec
ision in the case of bred Scott, who
demanded his freedom under the
terms of the Missouri Compromise,
the peace of the Nation was at stake,
yet the Supreme Court refused to
find a construction which would ex-
tend the power of the Federal Gov
erment beyond the limitations fixed
by the constitution.
in 1866, when the echo of the last
rebel yell had scarcely faded away
and the roar OF the cannon had but
lately ceased in the valley of the
Shenandoah, when Jefferson Davis, a
vicarious sufferer, lay shakled in Fort
Monroe and the overburdened air