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T h e Nation.
ad valorem. It now reduced one cenl all through, and with “ ifs THE buts ” about It, is the clause placing most important change in the new per pound, z e , it 18 put at 1 1-5 cents equalto 4 2 percentadva works of art on the free llst. The spectariff is that relatlng t o wool and wool. whlch tacle presented to other civilized natlons lorern. Here we may repeat that an in. len goods, by whlch the raw material by United the States cllnglng Its to on made free and the dutiesthe manufac. dustry which cannot be carrled on on educatlonalandlethe of canned barbarons 30 tnred articles are reduced to per cent. laxing all consumers Influences In theshape of picof tin pans, fining on yarns, 40 per cent. on cloths, and45pe1 goods ancl allthebuyels has been aboutas centondress goods Thereduction on pails, and dippers 42 cents on each dol- turesandstatnaly. anomalous afi t h a t of a Inm with a warthese artlcles 1s chiefly In the speclfic lar’s worth, is a detrlnxent to the counclubatagardenparty One Congress rates, or pound dutles so called, whlch try and ought to be abollshed A morebrazenalthough less irnpor- afteranotherhasmetandadJourned were imposed t o offset thedutles on though wool. These pound duties were in some t a n t Item in the IiIL[cRlnley bill than t h e without getting rid of this cases very onerous, ranglng from 163 tln-plate tax was the duty on pearl but- free-art clauses havebeen introduced in bllls Indifference raised from 25 per cent several of the tariff cents on blanketsto 60 cents on drew tons, which trlmmlngs and on the higher grades of to 243 per cent. average As to sonle va- on the part of the genersl body of legislletiesand sizes I t was muchhlgher, lators has been more oi a factor, percarpets theoly which The upon the haps, thau active olqjoslt1on. in the delald was that I t takes, being about i ,000 per cent Thls swindle pound dutws u io1 csanll)le, €0111 pounds 01 raw wool to was accomplished by cunning phraseolo-fe:,t of repeal,butlhlstlrnethomeasure seenls t o have found fllends in thc gy t h a t c’olnmon people could not unmake one pound of cloth, that is, the was “ 24 committees of both houses and I n the dutles were compensatoly. When the derstandTheMcKinleyduty debates on the floor as well The Arne25 percent ” Wllson bill came the manufacturers centsperlineand not rlcan artlsts who deslred t o be exempt who had the nlalrmg of the McKinley to be regretted that the duty from this offensire sort) o f “ protection” put back to the old rate of 25 per cent. bill, confessed, or rather insist,ed, that It stands in the new bill at 1 cent per and have kept up nctlve war on they had stretched the truth” when tax, are to be congratulated on the sucthey sald that the pound dutles were no line and 15 per cent , which is equal to cessful outcome of thelr labors, and the for the du- 84+ per cent ad valorem. more than a compensation general public on step Increasing their Llnseed oil mas monopolized by ties on r a w wool They now claimed respect fol a l t and thelr reputahon for Trust as soon as the McKlnley bill was thatthepounddutiesaswellasthe Intelligence a t the sanw time passed, the duty being increased from ad-valorem duties were protective (and 26 cents to 39 cents per gallon I t 1s nom and made necessary 01 course), they _ _ _ - ~ -~ _ _ _ reducedto 20 centspergallon.Castor their own former untluths basis the G‘01: CSSET’I, o s .YT.4l’E of ademandthatthe woollen dutles oil was also put into a Trust, the duty being 80 cents per gallon. I t i s now reshould be Increased over and above the EX-GO~E~XOR of Xassacllusetts, compensatory llne of the IilcKlnley blll, duced to 35 cents Flax. hemp, grain bags, cotton bagging his address before the gradnatlng class in and they actually prevalled on the Sehas set forth nate to raise them 6 per cent above the and burlaps are on the free llst This is of the Yale Law School, a very Important change. his own views as to what a constitution Wilson bill asareward thelrpreSolphulic acid, most the important should be and as to what constitution vious dlshonest behavior howThls, the should not be. The Constitutlon ever, can be ovrrlooked now, or relegat- chernlcalagentemployedinmanufacUnited States, it 18 almostneedlessto ed to the tomb which contains so many turing Industry, is restoled to the free list, McKinley having taxed 4 cent per say. 18 It constltutionas I t should be. other tariff cleceptlons and robberles another pound Bichromate of potash, “ In less than thirty wolds,” says GovThe relief topublic the the from indlspensable agent oQ manufacturlng ernorRussell, “ It createdourwhole pound dutles wlll abolitlon of these ” By ‘‘ eight be very g+eat The new schedule of Industry, which has alwaysbeen a close nationalJudlcialsystem leducecl words ” It establibhed admlralty our woollen manufactures does not go into monopoly inthiscountry, 33 per ancl maritime Jurisdiction, whlch, by eifect tlll the first of January, 1895, but from 3 centspelpound(about cent ) to 25 per cent This artlcle ought magnificent ~ u d l c i a l evolution,” has the wool schedule takes effect immedlt o have been put on the free llst broadened origmal the Engllsh Idea, ately. Lumber is at last put on the free ltst “ from the untll Jurlsdlctlon extends Next In importance to wool and a o o l Theduties on whitelead,pig ebb and flow of t h et d e so as to lens the are scheduled of china and m1s- covereveryleague of navigablewater glassware,whlchare reducecl from 55 cutlery, gloves, and nearly all the cellaneous artlcles have been materially withln continental our domain.” and 60 per cent to 30 and 35 per cent The on Iron and system of conlprehensive general prinOf course thele 1s a great outcry on this reduced. reductlon steel, although seeming i o be conslder- ciples and broad powers, sufficiently elassubject from the protected Interests, and no reduction except on tic to allow of expansion by proper conthey all talk of going out of business, able,isreally certain speclalties, being prohlbitory structlon, yet sufficiently dlstinct to be Just the as quinine-makers when did even atthelower ratem nowadopted. effectlve and protectire, has stood the on thefree Congress putthatarticle This is the case with plg-iron and steel test of more than a hundred years, has answer the to llst. It j s a sufficient carried us through forelgn wars and makers of china and glassware that any ralls 1)heThe reclproclty clause of the McKin- clvll conflict, has adequately met a trade whlch cannotbe carrled on in this reclprocal nomenal increase of population, wealth, country wlth a tax 30 per cent. levied ley act is repealed. but the of aud area wlth its new and momentous heretofore on the consumer for its benefit ought to commercial arrangements has adjusted the be abolished. There is no danger, hom- made ” are kept force, “ except where questlons, skilfullp ever of their going out of business per- such arrangements arelnconsistent withdellcate rdatlons between State and nation, and governed as efficlently $0,000,the provisions of this act.” Therefore, manently. The next most important thing in the upon the signlng of the blll by the Pre- 000 of people scatteredthloughfortyfour Statcs, reachmg from ocean the dutles against llst 1s tin plates The increase of tax on sident, retaliatory ocean,asthesmallpopulation of the was perhaps greatest the Venezuela, Hayti, and Colombia which this article narrow coast llne whlch embraced its were established by Presldent Harrison’s outraze ln the McKinley bill. The duty ” Govorlglnal constltuents This is thirteen are on tnl plates In the tarlff of 1883 was one proclamation, abrogated. being equal to 35 per Important as regards the “ mild coffee ” elnor Ruzsell also triumphantly quotes cenG ;L pound, produced by those whlch is Mr. Dicey, when speaking of the cent valorem. McKinley raised It c- 0 1 I . reign power established by Conetidntiabh cents per
T h e Nation.
t u t i o n . “ It needed the thunder of civil In addltion to the egotists who think are restrictions legislation upon war to break his repose, and it may be u pto n he people who elect the thattheycanleglslateforthefuture of with greater wisdom than any leglsladoubted whether anything short leglslatorsButtheyaremorethanreImpending revolution ever will again tors whom the people may hereafter se- s t r ~ c t l o n s . t h e y a r e f u n d a m e n t a l a s s u r arouse him to actlrity ” lect,therearethedemagogues o f t h e ances ant1 guarantees of great and 1mSubstantially every recent constituday, always afraid of the unpopular, and portant of trial by Ilghts right The tion framed in a Southern Western ready to advocate any favorite n~easure J u r y is a i l g h t affecting the individual, s t a t e is manifestly, in Gov. Russell’s of the hour Hotels, theatres. express the prohlbltlon as to titles of nobility is opinion, what a constitutlon should not companies, telephone, sleepthe the anassurance to allmenthatallmen be. Themasterfulpower of enunciat- ing.car, telegraph, railroad, ~nthls country shall be polltically equal; the the Ing great principles In few words ceran estabb e c o m e s u d d e n l y s u b ~ e c t s of constltu- therestr~ctlonconcerning as tionalThe tainlyseemstohavepassedaway law amendment at Al- l i s h n ~ e n of leliglon” assures the nunorit completely as If 500 years interhad bany, prepaled the by unlons, ty of rel~g~ouspersons that they shall not vened-as the ecent onstitut~ons r c which 1s Intended to prevent the embe folcetl by the 1,laJorlty suppoit a a new language---as were written in ployment of convlctsat remunerative state church Such restrlctlons to go If the framers of 1787 were old Romans w o r k i n t h e S t a t e p r ~ s o n s , speclmen t h e c h a l a c t e r of government, and not 1s and t h e f r a m e r s of to-day modern Ztal- o f t h l s P r ~ s o n s prison reform 1 ttll to its pohcy. Thvy are organic and are 1ans As f a r b a c k as 1845, the Constltn- furnish one of the unsettled problenls of Intended to be Inlmutable, m u c h so tlon of Illiuols increased in volume In Social s c i as t h a t “ the Unlted States shall guapresent civll~zation t h e r a t l o of eight to eighteen.” in 18i5, ence is still wrestling with subthe rantee to every State I n this Union a rethe Constitutlon of Mlssouri “ i n the Ject of government ” Their publican Hurnanily demands that the ratio of eleven to thirty-one In 1891, convict be n reasonable ahldlng purpose is to guard the mmoshall given the Constltution of Mississippi became chance to amend h ~ llfe and become a, rlty and the individual, ancl to asoure to s “almost a code of laws,” containing 885 useful self-supporting and member oi all men constitutlonal rights and hbersectionsandcovering 47 pages There ties whlch a transltory majority cannot society. Economics require the that no admlnistrative detail too petty invade. cost of r e f o r n ~ a t i o n bhall n o t be too constltutlonaldelegate to tryhis g r e a t ,t h a tt h e expense6 of theprison To these may be added celtam restrichand at; and the controlling ideaof adnuntstratlve forces oP system be kept w ~ t h ~ n reasonable Ilm~ts, tions upon little constltutlon-makers man~febtly IS andthattheconvictshallbe, If posgovernment-the legislative, the executhat when they get a chance t o manage s~ble. self-supporting How t o tive, the Judicial But such restricmatters. must they fix tllenl to snit whatextentthiscanbe bebt accom- tlons must extend further than these themselresandtrustnobody-notthe phshed 1s still questlon-a question adminlstratlveagencies,that they Leglslature, not the ~udic~ary, not even whichrece~vlng careful is the conmust not h n d t h e principal, thebody the foun- sideratlon of some of the and t h e people whom they extol politic convention, the The for better best of t h e most phllanthroplc n ~ n d s111 the world t a i n of politlcal wlsdom In one securlty of the people, may tell future new States there are prohibltlons Yet at thls pomt there comes a band, or Legislatures how they must work,but not “upon Legislature the In the single It within the what they must manybands, of monopolistshavinga an- corner, matter specialleglslatlon” ; In proper of aconstltutlontopretrying to have a corner, other, the Constitution “ even fixes tho the skilled-labor market they What scribe t h a t t h e e n a c t m e n tof a law shall time within which a judge must renw a n t 1s t h e exclusion of everybody be only by yeas and nays, which shall In North Dakota, der decision”; his entered on the journal, for this sewhose labor compete will lhelr i tr e q u i r e st h eS u p r e m eC o u r t of t h e own, i. e , w l t ht h e i rk i n d o € labor cures the to body polltic proper adS t a t e t o d o the work of thereporter, They Introduce legislatlve the lobby a statute mmistrative actlon where “ to prepare syllabus of the polnts a d - i n t o a body of men have who no would not bind the law-mak~ng power, Judicated in each case ” and regulates legislation by somerlght legislate to upon subject, any T h a t 1s to say, the small nllnds which and they do this to procure legislation thing better than legislatlve rules. But get control of a convention seize them for themselves-legislation whlch will of a i t 1s not within the proper scope opportunity to “ r u n a State,’‘ as pollhelp thelr monopoly many years t o c o n s t i t u t i o n t o p r e s c ~ l b e t h a t t h e p e a s ticlans would it, the term for next come and nays be taken wca rocc, a n d so dotwenty thirtyyears,andby not by a ne l e c t r ~ cI n s t r u m e n tw h i c h A provision to prescribe and restrlct m g undermlne healthy the American would enable each member to print his t h e f u t u r e m a n a g e m e n t of aprlsonis prmclple of self-governmentandcivic the n ~ a n ~ f e s t l ya na t t e m p t l o control own name ancl vote on the roll, a n d all responsibllity. Gov. Russell’s phllosophi- future-an attempt to dlctate a poilcy, the members of a house to vote simultaral comment 1.3. “ Hy the creation of and tell succeeding leglslatols and per neously. A constitution may requirrl lnlportant adm~nlstrative boards and by hapsgenerationswhattheymustand of a blll, and three several readings the many restrictions on the leg~sla,tlve, w h atth e y u sn o t do Uonceinlng that readmgs these on be cllfferm t executive, and Judicial departnlents,the this element of control, Governor Rus- entdays,andthatthetitle of a pritendency of these constitutions is to es- sell most aptly says vate blll correctly set forth its object, tablish a sort of automatlc permanent It may go further and follow the Eng“True, may a malorlty, admlnmtratlon as a substltutefor llsh parllanlentary practlce of r e q u m n g not a k m g ; b u t the vltal question IS not It the usual of government ” as Chief- smrce, D preamble which shall fully declare the their will, I t of Justice Cooley has sald to some these nature and extent of the clalm. and the of I t 1 6 not In wlth the prlnclples lnbtltutlons O C intended scope and purpose of the btll, constitution-makers. In your constitu- acco~d htlerty-loving, tlon you are tying the hands of t h e peomay provld’c that in construing Storyadmonished us morethan The primary purpose of H, c o n s t ~ t u t ~ o euch statutes the preamble shall limit ~l a century ago. ‘‘ The rage of theo- 1s to create and define a government, its the effect of the enacting clauses, for all rists to make constitutlonsa v e h ~ c l e f o r next is to secure personal and political such restrlctlons are In furtherance of the conveyance of t h e ~ r own a n d rights and estabhsh h honest Irg~siatlon, neither “ t ~ te e few of tho great c~ e 1-isionary a p h o ~ ~ oi ~g~ ~ vs ~ n m e n t r e s fnndanlentnlprinciples o f goverll- hands of tbc people nor ‘ ‘ continue the quire4to be guartled against nnth the nlent, snch “ N o title of nobihty mhall leign ol a d c p r t e d n ~ n ~ o r l l”\ - In only ” The nioet untceasing shall make no one Instance. the election of the Pres]. stitutluns which havefollovscJ of United Law rebpectlng an establlBhrnent of dent, dld the Constitution foresiah?;. All the an^ ZR
and within a score of years that provision had to be amended. Distrust is the enemy of republicanmencannottrusteachother, ism. and if society cannot trust itself, there cannot long be a republlc. I n 1787 the publicdlstrustwassectlonaland monarchical one State could not trust the other States, and the distrustful part of societycouldnottrustanythlngthat even looked like the a b p e d monarchy.Theframers of theConstitution treated case the heroically, and in time conlpelled the people of the UnIted States, no matter how far apart they mlght chance to h e , to trust each other. Southern Western These and constitutlonswhich Gov. Russell demnsareoverwhelmingevidences of of dlstrust, and of a distrust which is the most dangerous They kmd show In thoseStates does not thatsoclety trust Itself the selectlon of its own leglslatlve representatives, that society,thoughit does not say to king, ‘‘ Come and rule over us,” does say t o a convention, “ Come and take care of us; we have weakened, we have not the power of self-government which fathershad; we belong tothe servile races, are andIncapable of taking care of ourselves.” It is notunlikely a t h a t some future hlstorlan, after carefulstudy of AmerlcanStates and StatecommunltlesandStateconstitu tions, w11l ph~losoph~cally formulate at a law of pohtlcal sclence, “The longel a constltutlon,theweakerthe people and the more corrupt the community”
T hN a t i o n . e
JeRtionswhich we stated to have been the lbject of dlfferencesof ownlon. It declares lat personsmaybe cltlzens of theUnlted tates w ~ t h o u regard to them cltlzen6hlp of t partlcular State, and I t overturns the red Scott decision by makingall orn wlthln t h e Unlted States and subJect ) ~ t s Jurlsdlctlon cltlzens of the Unlted tates. That Its mampurpose was t o eqtabt h e cltlzenshlp of the negro can admit D d o n p The ‘sub~ectt o Its Ictlon Intended was t o exclude Its r eration children of mmlsters, consuls,
[Vol. 59, No.
Secretary &farcy, writmg instructlons iln 1854, said. ( ‘I have to observe that it f 3 presumed that, accordmg to the comi IOU law, any person born in the United EItates, unless he be born in one of the oreign legations thereln, may be cons1f’ d!ered a citlzen thereof untll he formally r enounces his citlzenshlp.” Secretary F1s11,ln instructlons written 1873, said “ So far as concerns our 1 Cbwn local law, a child born I n the Unite d States to a British subject 1s a cltiThe article in the Law ” In a letter 7;en of the United States . Gew wa9 written by George D Collins )f lnstructlone to Gushing, In 1677, C )f California, an and is argument ‘ Elecretary Flsh said. “ The mmor chlld ~gainet the citizenship of the son OF a )f Spanlard a born the United 3hinaman in country. bornthis 3tates, and while in the United States. lenies without discussion the authority ” citizen of the United States i a )f the common-law rule 1n such cases 3ecretaryBlainerecogn~zedthesame tnd up his opinion as follows: 1881, inwhichhe 7new i n a letter confer therefore not zpso Elaid. “ The chlld born to an ahen in the xtizenship, andIt 1s essentla’.I n order that Jnited States loses on lerson he a natlve natural-bnm cltlzen 01 E 1 ;he United fitetes. that hls father be at thc3 1eaving the Unlted States and returning xme of the bn th of such a person a cltlzer l 1;o hisparents’alleglance ” Thesame hereof.” dea 1s presented in a letter by Secretary THElanguage of thefirstsentence 0: In the case of Elk VE Wilkins the opi . I Frelinghuysen, dated 1883, in whlch he the fourteenth amendment to the fede nion of the United States Clrcuit Cour rays- “ A chlld born thls country to ral Constitutlon indicates that a persor was delivered in 1884 by Justice Gray I foreign father, when taken by his born In this country of Iorelgn parent! action being one brought by an In 1Father abroad, acquires father’s the is a cltlzen The Staats-Zeitung ha) &an against a reglstrar in Omaha fo domicile and nationahty ” lately called attentlon to the construc refusing to register him as a voter, anc1 Two years later Secretary Frellnghuytion mcldentally placed upon this par! -s devoted almost entirely to a dlscus- ;en had revised hls oplnion on thls quesE of the anlendment the United Statea ;ion of the polltlcal status of Indians t,Ion, and in a letter to Ifmister Kasson the IF the words “sub~ect to the jurlsdic. SupremeCourt In thedecislonin the of Ludwig Hausdlng he ’ in case New Orleans slaughter-house cases, and ;ion thereof ” the court says. lays “Not being naturahzed by force to a declslon of Judge Llpplncott, de evldent meaning of these last )f ; < the statute, Hausdlng could only ascase the livered In a before Hudsor s, not, mere’y subjwt In some respect or de. Cree t o the jurlsd1ctIon of the Unlted States E;ert cltlzenshlp on the ground of birth County Clrcult Court in New Jersey 3 u t completely subject t o thew political j u r l s- 1.n the UnitedStates,butthlsclam The United States Supreme Court ir ilctlon, and owlng them dlrect and ln~med~ Kould, If presented,beuntenable,for relate to thc its opmlon in the slaughter-house cases x t e alleglance. And of they t 3 1oy section 1922, R S , I t is made a conc delivered In December, 1872,says: “Thc hme l m e blrth in t h e one case. asother. the t of naturabzatton in Ihe h t i o n of citlzenshlp by birth that the of the fourteenth articll first section $ o m n o t thus subprt to the junsdlctlon n the United States at the time of blrth cannq t 1person benotsubjecttoanyfore~gn openswlth adefinltlonotcitlzenship-no become so afterwards except by natu power.” The sectlon of the statutes only cltizenshlp of the United States, bu rallzed. elther indlvldually. as by proceedlug - 1 I f quoted dlffers from the provlsion o the under the natural~zatlon acts, OT collective y citlz-nshlp of the States No such de6 phraseas by the force nf a treaty by whlch forelgln fourteenth amendment only nltlon was previously found In t h e Con territory IS acqulred.” ,ology I n 1885 Secretary Bzyard destitutlon, had attempt nor any bee] t The opinions above cited present wha cided that’the son of a German subject, made to define it by act of Congress has been said judicially agalnst the righ born in Ohlo, was not a citizen under t The opinion then quotes the first claus the statute or the Constitution, because E of the Eon of a foreigner born in thi of the first sectlon of the fourteenth ai “he was on his bmth ‘subject to a forcountry to be considered a citizen here o ticle, as follows. “All persons born eign power,’ ‘not and subJect the to I t is a complete reversal of the opinio: naturallzedin theUnlted States. andsuk on thiB question which was held by ou r jurisdlction of the United States ” ject to the Jurlsdlction thereof, are cit’ the Unlted States Supreme Court highest authorities before the ratifics zens of theunlted States, andof the Stat does not accept the expression tion wherein they reside,” and goes on to saj of the fourteenth amendment, an a itself used in slaughter-house the cases as so the bearingof the amendment, as COT ‘ / The firat observation we have tp nn thla In the case of bfinor
In the case decided by Judge Llppinthat manbornin o t t I t washeld lrooklyn, but whose father was an aturallzed Englishman, was not a cltien of this country, and could n o t hold he office of councilman Knowing that he case would be appealed to a higher ourt,asithasbeen,theJudgedisqissed this point as follows (we quote rorn a manuscript copy of the unpubished declsion) : “Enon this subject, wlthout further I adopt t h o v1ew6 stated ~n the Law for September-October, 884. volume 18, page 831, t~ponthls subject, also those of Just,lce eray dellverlng he opinion of the Supreme Court of t h e Jmted States in the case of 1s Wllklns, ’. 12 U. 6 ,page
secretaries of state at Washington were in office after its ratlflcation. J ustlce Swayne (who, by the way, wrote 1 a dissentingopinlonintheslaughterh ouse cases), In wrlting an opmlon ~n United States vs. Rhodes (Clr1 366, f c u i t Court, in Kentucky), quoted from 1 XLent’s ‘Commentaries,’ ‘Citlzens,’ d er our constltutlonal laws, means free s the I 1lhabitants born within United States or naturalized under the laws of !ongress,” and said: find no warrant Io1 the opmlon that t l31s great Imnclple of thecommon law e.ver been changed in the Unlted Slates. I t h as always obtalned here wlth t h e same a nd sublect only t o the same exceptions, 51nce as before the Revolutlon.”
“ ” “
liament has been so productive of great measures for thepeopleof Great Brltam. They gamed and have much, they would gamed have nothmg without thesteadysupport of theIrlsh vote. The Government Into came power so far to settle an Irlsh grievance, yet nothrnghas been carriedforIreland. W ~ l Great Brltam at the next election, l in full appreciatlon of the services rendered by Lelandand of thenecessity for a settlement, rally to the Irish cause? Or w111 she, havmg securedso much for herself, forget those to she is EO largely Indebted, and fall back Into one of those lethargies regartlmg reform which have In England so often followed periods of radlcal actLvvlty? The public supineness as to the rejection of thehome-rulemeasurebythe Lords, contrasted wlth the general dlgnatlon when the Employers’ Liab1llty 1s ominous. It bill mutilated, was would be dlfferent If Irlsh were lmked with English reform, If Englishmen felt f o r t h e i n h a b ~ t a n t s Meath and Mayo of as they feel for thoseof Lancashlre and Suffolk, if, In short, public opmlon and across the publlc sentiment extended h s h Sea. this not But is the case. So long as the Lords have the astuteness to pass with llttle material change meam r e e m p o r t a n tto Great Brltaln, it ie t o be feared they will be allowed to mutilate or reject bllls relating to Ireland. Moreover, muchthathasoccurred of late years a t home abroad and has tended discourage hopes to former as radical to changes. Italy has been ; so has the slow disappomtment a progress of orderly liberty South in America Add rise spread the and of of lmposslble Anarchy,theprevalence labor demands and of labor riots In Irelandthisperpetualunsettlement mostdisastrous. I t retards or prevents minor reforms; it too often, local affams, aids unworthy persons and mterests keepmg their hold upon the public conscience and the public purse simple verbal adhesion popular to princlples. Theevents of thepastfewmonths force certainconsiderationsespecially upon theattentlon. One 18 thefallure 3f the Llberal Unionlsts to Justify them exmtenceas a partydetermlnedlyset sgamsthomerule,butstrenuousfor radical reforms the government and nosdminlstratlon of Ireland. There is thing now to dlstlnguish them m this respect from the bluest blue Tones, the of nost orangeof Orangemen Courtney r and M Russell are perhapsexceptions;he in genuine sympathy wlth Irlshnen in their materlal concerns, the other tfriend of Ulster tenants the other nand, it was hoped t h a t Mr Gladstone’s :etlrement would make httle change regarding the progress of the Irlsh quesConcerning that ;ion in Parliament tnd all others, it has made an immense %Iteration. The great debates continue,
vs Happersett, decided in 1874. twc that Great Brltain is increasingly inca years after the decmon in the slaughterpable of leglslatlng for Ireland Nationa house cases, it held ; “ Some authoritiee peculiarities,asbetweenthetwopeo go further and lnclude as citlzens chil. plea, are becoming less marked, but thc dren born wlthin the Jurlsdictlon. wlth. instltutlons of the countries two arc o f growing more complicated and diverse out reference citizenshlp to the their parents As to this class there have Ireland’s desire for home rule 18 not : been doubtsForthepurposes of this fire of slowly dyingembers; i t is on1 solve these bemg constantly fed with fresh fuel il case it isnotnecessaryto doubts ” the shape of newly evolved wants an( In the case of Look Tin Sing, Circuit wishes which the Imperlal Parliamen Court of Cahfornia, declded in 1884, has time, not knowledge, capacit; or Justice Field, wrltmg the opmion, held t o meet. There is no better case in pom thataChmamanwhoseparents were than the land question Parliament ha1 f andalwayshave been subjects o the spent session after session the attemp, Emperor of China, but who himself was to settle I t , and now the parliamtntarJ born in Cahfornia, was “ not within any committee sltting the for past threc of the classes of persuns excepted from months reveals that the work must b e citizenshlp [by the first section of the reconsidered fourteenth amendment], and the jurisRepresentatlves of Irish feeling have diction of the United States over him at always contended that, long a! of theadm~nistration of thelawis the tlme of hls birth was excluslvq no1 t h a t of anyothercountry ” Hethus dominated by publlc opinionIre in defined hls vlew of the words “ subject land as it is In England and Scotland to the jurlsdictlon thereof the efforts of Parl~ament to satlsfy Ire. contention 1s sup land must fall This “ They alone are subJect to the Jurlsdlctlon of the Unlted States who are withln their do- ported by the evidence lald before thc minions and under th9 proLectmn of their laws, abovecommlttee.Theworkmg of tht and w r t h the subs-.quent obligaaon to obey t h e m when obrdlence c a n be rrndered, and land laws, the Interpretation of the actr only those thns subJect by khelr blr or naturalizatlon are wlthiu L e terms of the amend- of Parhament, have been in the handt h ment. . . . The language used has also a of men out of sympathy with the peo more extended purpose I t was designed t o ple of Ireland, cut off from the influenct except h l r n cltlzenh~p persons whn, though of them or nazurallzed in the UnltedStates, hare of theiropinlon.ignorant reuounced alleglance our government plrationsand needs. Irishadministra, and thus dissolved their pol~t~cal connectlons tors rely for their advancement and wlth the country.” cess life on English feeling and the The question may, therefore, be con- splrit of t h e and Scotsman. The in. sideredto be stillawaltmgadefinlte qulries of this committee have broughl declslon of the highest court out an almost grotesque perversionof thc apparently plain wording of acts paseed wlthm the last fifteen yeara, and of the utterances of the statesmen who passed THEREis some fear, as there have been them, and have revealed on the part oi some predictions, that the throwinga u t Irlsh officials analmostChinesesub. by the Lords of the Evicted Tenants bill tlety of intellect in applying them when a fiercerecrudescence of posslble In favor of landlords and against willleadto agrar~an agitation this wmter. It is t o tenantsTheevidenceandproceeding€ be consldered, however, that the “ agl- of this commlttee, published day by table”elements, so tospeak, of Irish day In theIrishpapers,havestrongly society have, by emigration and otherimpressed Irish public opmion, while wise, been ser~ously reduced wlthln inEngland,amongthose who will be nothe final arbltrators,scarcely the past ten years, that the statutable reductions in rents have done much to t u x is taken of the proLeedings, upon of quiet thousands, and that the success of proper e s t ~ m a t ~ o h which the welfare of Irlshmen depends. t h eC o n g e s t e dD ~ s t r ~ c t s Board would of thenlajorlty difficult arouse to the Many a cricket match m London, many render I t very west as formerly. Theinfluence of the a race between the Vagzlant and Bmtanhas attracted more attention than schooling of the last few years in conof thecommltteefrom stltutionalmethods.too,mustnot be all thedoings overlooked In short, may one fairly 6rst to last. conclude that the last desperateweapon The Llberals who espoused the cause of dlsturbance and outrage is no longer D f home rule have proved true, but in available what dlrectlon behind them is British be At the same time it cannot be denied Dpinion tendmg? Is further proof t h atth e positlon of the home-rule afforded that when Ireland quiet her not worthy of grave To demands are deemed movement is exceedingly most thoughtful Engllsh-speaking obsttention;or 1s Enghshopmlon,after its deliberate but welghty fashion, reservers outslde the United Klngdom It 3olving that the home-rule measure foris apparent that the Imperial Parhament, mulated and passed through the House a t present constituted, cannot do its allotted work The claims Ireland must ,f Commonsmust,spite of of the oppobe some way satlsfied. The maJor1t.y $ition of the Lords, become law? It is of Irishmen see more and more clearly no other iifficult to say. Perhaps
[Vol. 59, No.
subJect of contemplatlon than that whlch 1 sufficient leason man “A may be : L should descrlbe follows There are, may heretic~nthetruth,”hesays the upon earth 450,000,000 profewng belleve tian@ There no longer one fold under one ‘ Areopagltica’. * ‘ and i f he ~. shepherd and themajority of things only beoatlsr his EO. tla116 [ take 16 to be, though the h& i THK (;*< 01 the et.sembly so tleternllnea. withoul mlrtorlty 16 large 16 content wlth I JP’ If Eh!htS shepherd heaven, with the other knowmg other reason, though hisbelief made earth flock provlslons He incurableoptinusnlwhlch 18 one be true, yet the very truth he holds be1 broken s up Into scores, I t may be of the essential qualities going to make dreds, of sectlons. Them sectlons are not comes h18 heresy ” It isfromheresy . But wlth of t h a t k m d t h a t t h e m o d e r n w o r l d d e Gladstone an ideal democrattc lead- a t reace, but at all thls segregatmn, end not only er, was never given more strlklng dlsslon but confllcr; rotnds Interests, voutly prays to be del~vered play than in his arti- the answer glven by the four hundred fifly mllliona, or those mere best en” S u b j e c t tttled t o speak cle on “ Heresy and Schlsm them, t o the questlon what THE BRYANT CENTENNIAL. a n d t r e a t m e n t d o u b t l e s s ~ l l u s t l a t e o t h e r the Gospel, IS still the same. With excep t,lons so sllght that we may justly set then) PITTSFIELD, August 17,1894. c l ~ a r a c t e r i s t l c s 111s of If he cannot say out of recltonmg. t h e reply st111 the wlth Emerson that he loves a cowl, at a s it ~n the apostolic age-the AT Cumm~ngton,yesterday, was observed truth of the he9 GospelIn the approprlate fashion the centennirrl of w11least he can that he ltkes a shovel-hat, rentral Trlnlty and the Incarnatlon, in God t h a t Cullen Bryant‘s blrtb tlme to and theological speculatlon and ecclesimade us, and tne Sav~our that redeemed us. ham tlme during past twenty years we have When I conslder what human nature and astical contropersy have had a smgular man hlstory have been, how feeble is t h e 2elebrated the cenlennial o€ events Important fascination ever hls for hlm smce splrlt in warfare the flesh, bow my m our natlonal hlstory, from the Boston Tea ‘ C h u r c ha n dS t a t e ’ of fifty-five years e a1 head In amazement to Washmgton’s maugurat1on. whereas mlracle, marvellous concurrence evolved ago. A certalnmentalflavorandmethe exercises at Cummlngton commemorated from the very heart of dlscord.” thodnotunlikethose of a soholastlc earllest American poet, and, In so domg, theologian hkewise appear and here a man seems they celebrated the birth of Amerlcan poetry. Such optimism in such there in thearticleBagehotlongago to UE almostunexampled. It IE an optim- Bryant’s prlority IS lndlsputable, for hewas smgled thls out quality him in But ism, however, which n otta k e born November 3, 1794, and wrote topsls” In October, 1811 Of the poets what ln~presses one above all else in thlscloseenoughobservatlon of t h e f a c t s belonged t o bls geoeratlon, and constitute latest wrltmg of Gladstone’s is, the upon which it works Narrowly scrutlthe obstinate hopefulness which with he nlzed. t h e “ marvellous concurrence ” what IS already commg to be regarded in 1603, observingly distils out the soul of good- w h m h Gladstone esteems so en- -1assic group, Emerson was born Longfellow and U‘blttler 1807. Holmes and ness in things evil couraging,wouldnotprove of a eort Poe m 1809, and Lowell and Whltman 1819. H i g h C h u r c h m a n of to delight one who holds the doctrines He himself 15 Older than Bryant were three smglepoem thestraltestsectTohlm, a8 h e inti- hementlonsinanysuchsenseashe men, Hopkinson, Key, and Payne; but “Hall, mates in t h e a r t i c l e 1t3elf, t h e C h u r c h does The concurrence is t o o m u c h t h a t Columbla,” “ The Star-Spangled Banner,” is a divine organism. w l t h a Jurisdic- of a relaxed grasp all dogma, of a “Home, Sweet Home” were all written after “ Thanstopsls ” At any rate, these three tlon solemnly constituted ” and vested tionalizing translation thehistoric in thesuccessors of t h e Apostles d c - teaching of t h e C h u r c h i n t o t e r m s of lar pieces would never pass for grear poems 30, too, FItL-GreeneHalleck, born 1790, and cordingly all who “rebel” agalnst that modern thought, of the refining and jurlsdiotiondothereby“frustrate, so transcendentalizlng tendency whlch w111 For many years halled, partlcularly m New as a genlus, has long been properly f a r a s inthem lies,” thework of t h e accept any creed all creeds provtded Aasslfied He does not, llke Bryant the DivineFounder of theChurch.With t h e r i g h t of private interpretation 18 re3ther iembers of t h e group I have mentloned, these convlctlons, how It be sup- served. No onethoroughlyconversant represent any Important idea or reveal t o a posed that an old man, gazing abroad wlththeway In w h i c ht h et w od o c remarkable degree any quality of permanent upon a disrupted C‘hlistendom, would trmes whlch Gladstone mentlons value hterature-as Holmes wit-and consider the caseof those men and sects are actually held among theleading Pro- 5 ,we can no more rank Halleck among the 0 t h a th a v er e n t piecestheseamless great American poets of the century than we testant sects would dare to say that they Bayly among thegreat garment of t h e L o r d ? We should expect mean the s a m e t h m g as in the apos- :an rank Praed English poets such gloon~y views and lamentations as tolic age or the Nicene Creed. Even Bryant’s prlortty tune 1s therefore a* unwe are, fact, accustomed to receive as these dogmas are held at the present questionable as the excellence of from High Church quarters The prtnday, they are accepted for an entirely topsls,” first poem--a work whlch, whether clple of authorlty is broken down Men differentreasonOnce I t wassufficient I t be Judged as the production of a youth of “ hear he hurch t C ” wlll longer no t h a t M o t h e r C h u r c h t a u g h t t h e m Now seventeen, by the strictest canons of critlThey turn thelr backs on the true Ilght, t h e s t a n d p o m t i s r a t h e r t h a t of Cole- rlsm, stands forth among the splendors of and are following wandering stars, rldge-that they “ find” men, that is, language peculiar velu,. a mlnute and w h l c h wlll lnfallibly lead them Into the Inspireandcomfort this of lovmg descrlptlon of nature--“axed, a spray of moralmngblackness of darkness Thls is w h a t itself is EO wlde a departure t h e painters would say, exhibited from the start. After “Thanaany man 111 Gladstone’s position, dlvlnely con~mlssloned Church with its Yellow without unquenchable optmnsm, solemn Jurisdiction that any concur- topsis,” ‘< Waterfowl,” ‘‘ would have told 11s he serenely rence to be made out besldes Beems ne- let,” the “Inscription for a Wood,” and the few other poems llke them published 1821 In turns to tllu great wlrlpensations, nay, cessarily barren his volume, Bryant wrote nothmg the posltlvo blessings. whlch the stoutNaturally the bleESingS of heresy would racterlstic which cannot be traced to asmilar estHlghChurchmanmaysee In t h e be differently very described from R mspiratlon. He found his vocation m spread and powerof heresy moresecularstandpoint.Probably Jaand never went search of novelty Withoutfollowmghimthroughthe n e t p u t s t h e c a s e a way acceptable to The result was that the impressmn heprnsteps by which he thlnks it necessary themodernspirltwhen that duced was deep and uniform, and, we may beNature became through to justify hlmself In E O m u c h a s t a k m g * ‘withoutcriticism and investlgation lleve, permanent his lnterpretatlon moral, as through this point of view, I t 18 enough to say the would universal world be one son‘s she became spiritual, and through She& that the main benefit he modern C h i n a ” Heresy able to maintain itself emotlonal. A moralized nature cannot schlsm 13 its testimony to the power of for a century or two insures free inquiry cease interest and upliftmankind. what calls he “undenominational re- That has come to be the principal thlng Reflections such as these doubtless IU ligion ” What he means he sets with modern man, whether I t leads the minds o€ hundreds of persons made in the following impresslve and pathetic him to heresy orthodoxy Milton de- yesterday the pilgrimage to passage. clared belief. all true or false, to be That vlllage lies northwestern held it w i t h o u t setts, among the hills of Hampshire I do not know on earth a more blessed heresy, provided a b u t in a different, mosphere
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