of this power is compatible with national existence and national obligations, in the crises which arise in the history of every country, I would answer in the impressive language of Justice David Davis1 spoken at a most critical period of our country's existence, when, combating the claim that the exigencies of the times following the Civil War demanded a broader construction of the Constitution, he said: "No doctrine involving more pernicious consequences was ever invented by the wit of man, than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism; but the theory of necessity on which it is based is false; for the government within the Constitution has all the powers granted to it which are necessary to preserve its existence, as has been happily proved by the results of the great effort to throw off its just authority." The settlement of America was for the avowed purpose of developing the two great principles of civil and religious liberty under republican institutions, freed from the restraint of monarchical ideas. Our fathers brought with them the Christian religion as their religion, which has spread its benign influence from ocean to ocean in its teachings of high ideals and in the diffusion of the soundest principles of morality and virtue. Under these teachings "might" does not make "right," but governmental action must be sanctioned by moral principles. Human laws and constitutions should be controlled by them, for these are made and ratified as the security for human liberty. To disregard the Constitution under the plea of supposed necessity, is to adopt the specious plea of tyrants in all ages. To abandon our Constitutional Government and supplant it with the fleeting suggestion of some supposed temporary necessity, is to deny that this is a government of law, and to accept the fallacy that it is a government of men. Should we be guilty of such folly there will most surely arise in the near future some 1 Ex Parte Milligan, 4 Wall. 109, 18 L. ed. 281. Poet-statesman who will depict the moral delinquency of our generation in flowing verse similar in sentiment to that recorded by the ancient Latin poet, who, in describing the ethics of the Eternal City in his day, in the advice of a father to his son, said: "Rem facias, rem, si possis recte; si non, quocunque modo rem." ADAMS, President JOHN, INDEX [References are to pages.] dependent on local authority for recommendation by President Harri- son to protect treaty rights of, ownership of land by, in California, receive same protection as accorded differentiation of injustices to, 271. given choice of State or district can inherit, carry away or alienate of money, power of House of Repre- seq. Articles of Confederation, defect in, 72, 87. division of powers under, 359. BAYARD, Secretary, views of, regarding duties of the CALHOUN, JOHN C., views of, on governmental limita- on supremacy of treaties, 9. on share of House of Representa- California, effect of treaty on aliens in, 167, 170. relation of State and Federal power opinion of, concerning powers re- concerning confiscation of debts, China, Representatives in treaty-mak- Clifford, Justice, opinion of, regarding Constitution, Commerce, effect of police power on, 299, 300, power of States to regulate foreign validity of State laws conflicting power of Congress over, where con- where contrasted power, 332, 333. with treaty See also INTERSTATE COMMERCE; Confiscation, of British debts, treaty power over, Congress, power of, opinion of John Page con- Heman W. Morris' views on, 25, 26. opinion of Justice White concern- cannot be curtailed, 49. under Article VI of the Constitu- to legislate on treaty subjects, 130. where concurrence of, is necessary delegates to First Continental, 62. act of, cannot remove rights granted protection of treaty rights of aliens vesting of power to execute treaties legislation of, on matters pertaining |