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I32
THE
most important change in the new
tariff is that relatl ng t o wool and wool.
len goods, by whlch the raw material
made free and the dutiesn the manufac.
tnred articles are reduced to0 per cent.
on yarns, 40 per cent. on cloths, and 5pe1
centondres s goods The educ tion on
theseartlcles 1s chiefly In the speclficrates, or pound dutles so called, whlch
were imposed t o offset thedutles on
wool. These pound duties were in some
casesveryonerous, anglng rom 163
cents on blankets o 60 cents on drew
trlmmlngs and on the higher grades of
carpetsTh eheoly ponwhichhe
pound dutws u lald was tha t I t takes,
io 1 csanll)le, €0111 pounds 01 ra w wool to
make on e pound of cloth, hat s, he
dutleswere ompensa toly. When the
Wllson bill came the manuf acture rs
wh ohad henlalrmg of th e McKinley
bill, confessed, or rather nsist,ed, hat
they had stretched he ruth” when
they sald that the pound dutleswere nomore hanacompensation fo r the du-
ties on ra w wool They now claimed
that hepounddutiesaswellas he
ad-valorem duties were protective (and
necessary 01 course), nd heymade
thei r own form er ntluthshe asis
of ademan d hat he woollen dutles
should be Increas ed over and above the
compensatory llne of the IilcKlnley blll,
and hey actually prevalled on the Se-
nate to raise them 6 per cent above the
Wilson bill asa eward thelrpre-
viouslshonestehavior hls,ow -
ever, can be ovrrlooked now, or relegat-
ed to the tomb which contains so many
othe r tariff leceptlons and obber les
The relief toheublicro mhe
abolitlon of these ound utleswlll
be very +eatThe new schedul e of
woollen manu fact ures does not go into
eifect tlll the first of Ja nua ry, 1895, but
the wool schedule takes effect immedl-
ately.
Next In impor tance to wool and a o o l -
lens rehecheduled of chi na nd
glassware,whlchare reducecl from 55
and 60 per cent o 30 an d 35 per cent
Of course thele 1s a great outcry on this
subject from the protected Interests, and
they all alk of going out of business,
Just s hequinine-makersdi dwhenCongress put hatarticle on the ree
llst. It j s a sufficient nswerohe
makers of china and gla sswa re that any
trade whlch cannotbe carrled on in this
country wlth a tax f 30 per cent. levied
on the consumer for its benefit ought to
be abolished. There is no danger, hom-
ever of their goin g out of business per-
manently.
The next most important thing in the
llst 1s tin plates The increase of tax on
this rticle was perhaps hegreatest
outraze ln the McKinley bill. The duty
on tnl plates In the tarlff of 1883 was one
cenG ;L pound,being qual o 35 pe r
cent valorem.McKinleyaised I t
c- 0 1 -0.. -I.
T h e N a t i o n .
ad valorem. It now reduced one cenl
per pound, z e , t 18 put at 1 1-5 cents
whlch equal o 4 2 pe rcentadva
lorern. Here we may repeat that an in.
dustry which cannot be carrled on
laxing al lheonsume rs of canned
goods ancl al l hebuyels of tin pans,
pails, and dippers 42 cents on each dol-
lar’s worth, is a detrlnxent to the coun-
try and ought to be abollshed
A morebrazenalth ough less irnpor-
tant Item in the IiIL[cRlnley bill than t he
tln-plate tax was the duty on pearl but-
tons, which raised from 25 per cent
to 243 per cent. average As t o sonle va-
lletiesand sizes I t was muchhlgher,
being about i ,000 per cent Thls swindle
was accomplished by cunning phraseolo-
gy t ha t c’olnmon people could no tun -
derstandTh eMcKinleyduty was “ 24
centsper ineand 25 pe rcent ”
to be regret ted hat he duty not
put back to the old rat e of 25 per cent.
It stands n he new bill at 1 cent per
line and 15 per cent , which is equal to84+ per cent ad valorem.
Llnseed o i l mas monopolized by
Trus t as soon as the McKlnley bill was
passed, hedutybeing ncreasedfrom
26 cents to 39 cents per gallon I t 1s nom
reduced o 20 centspergallon.Castor
oil was also put into a Trust , the duty
being 80 cents per gallon. It is no w re-
duced to 35 cents
Flax. hemp, grain bags, cotton bagging
and burlaps are on the free llst This isa very Important change.
Solphulic cid, hemost mportant
chernlcalagentemployed nmanufac-
turing Industry, is restoled to the free
list, McKinley having taxed Itcent per
pound Bichromate of potash, nother
indlspensable gent oQ manufacturlng
Industry, which has always een a close
monopoly in hiscountry, leducecl
from 3 centspelpound about 33 per
cent ) to 25 per cent This artlcle ought
t o have been put on the free llst
Lumber is at last put on the free ltst
Th eduties on white ead,pi g
cutlery, gloves, and nearly all he m1s-
cellaneous artlcles have been materially
reduced. heeductlon on Ironnd
steel, although seeming i o be conslder-
able, s eally no reductionexcept on
certainpeclalties, eing rohlbitoryeven at he owe r ratem nowadopted.
This is the case with plg-iron and steel
ralls
The reclprocl ty clause of t he McK in-
ley act is repealed. but the reclprocal
commercial arrangementseretofore
made ” are kept force, “ except where
such arrangements arelnconsistent with
th eprovisions of this act.” Therefore,
upon the s ignlng of the blll by the Pre-
sident,he etaliatory utles gainst
Venezuela, Hayti, and Colombia which
were established by Presldent Harrison’s
proclamation,rebrogated. This isImportant as regards the “ mild coffee ”
produced by those whlch is
dn t iabh cents pe r
59, No. 1521
all hrough, and with “ if s
buts ” about It, is the clause placing
works of art on the free llst. The spec-
tacle presented to other civilized natlon
by heUnitedStates llnglng o ts
barbarons on educatlonaland e-
fining nfluences In the hap e of pic-
turesandstatnaly. has been aboutas
anomalous afi th at of a Inm with a war-
clubatagardenparty One Congress
afteranotherha smetan dadJourned
without gett ing r id of this though
free-art clauses havebeen introduced in
several of the tariffbllls Indifference
on th e par t of the gen ers l body of legis-
latorshas been more oi afactor,per-
haps , thau activ e olqjoslt1on. in the de-
fe:,t of repeal,but hls lrne homea-
sure seenls t o have found fllends in thc
committees of both houses and I n th e
debates on the floor as well The Arne-
rlcan artlsts who deslred t o be exempt
from this offensire sort) o f “ protection”
and have kept up nctlve war on
tax, are to be congratulated on the suc-cessful outcome of thelr labors, and the
general public on step Increasing their
respect fol al t and thelr reputahon for
Intelligence a t the sanw time
_ _ _ - ~ _ _ _” -~G‘01: CSSET’I, o s .YT.4l’E
E X - G O ~ E ~ X O R ofXassacllusetts,
in his address before the gradnatlng cl
of the Yale Law School, ha s set forth
his own views as to what a constitution
should be and as to what constitution
should not be. The Constitutlon the
United States, i t 18 almostneedless o
say. 18 constltutionas I t should be.
“ In less than thirty wolds,” says Gov-
ernorRussell, “ It createdou rwhole
nationalJudlcialsystem ” By ‘‘ eight
words ” It stablibhedour dmlralty
ancl mariti me Jurisdiction, whlch, by
magnificent ~u dl ci al evolution,”as
broadenedhe rigmalEngllshdea,
untll urlsdlctlonextends “ rom he
eb bnd flow of t h e d e so a so
coverevery eague of navigablewater
withlnour ontinentaldomain.”
system of conlprehensive general prin-
ciples and b road po wers, sufficie ntlylas-
ti c t o allow of expansion by proper con-
structlon, yet sufficiently dlstinct to beeffectlve and protectire, has stood he
test of more than a hundred years, has
carried us through orelgnwars nd
clvll conflict, has a dequately met a )he-
nomenal increas e of population, wealth,
aud area wlth its new and momentous
questlons, askilfullp djustedhe
dellcate rdatlons b etween S tate and na-
tion, and governed as efficlently $0,000,-
000 of people sc atter ed hloug h orty-
four tatcs,eachmg from ocean
ocean,as hesmallpopulation of the
narrowcoast lnewhlchembraced ts
thirteen rlglnal onstltuents ” Gov-
elnor Ruzsell also triumphantly quotes
Mr. Dicey, when speaking of th e
reign power established by Coneti-
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Aug. 2 3 , 18941~ _ _ _ _
tu t ion . “ It needed the thunder of civil
war to break his repose, and i t may be
doubtedwhethernythinghor t of
Impending evolutionwill ver gain
arouse h im to act l r i ty”
Substantially very ecent onstitu-
tionframed n a Southern Western
s t a t e is man ifes tly, n Gov. Russell’s
opinion, what a constitutlon should not
be. Themasterfulpower of enunci at-
Inggreatprinciples n ewwordscer-
tainly eems ohavepassed way as
compl etely s If 500 yearshad nter-
vened-as the ecen t onst i t ut~ons
werewri t tenn a newanguage---as
If the framer s of 1787 were old Romans
and the fra mer s of to-day modern Ztal-
1ans As far back as 1845, the Const l tn-
tlon of Illiuols increased in volume In
the ra tlo of eight to eighteen.” in 18i5,
theCon stit utlo n of Mlssouri “ i n the
rat io of eleven to thirty-one In 1891,
the Const l tut ion of Mississippibecame
“almost a code of laws,” cont aining 885
sections nd overing 47 pagesThereno admlnistrat ive detai l too pet ty
const l tut lonaldelegate to tr yhis
hand at ; and the cont ro l l ing idea f
l i t t le const l tut lon-makers man~febtly IS
tha t when they get a chance to manage
mat ters .heymust fix tllenl to snit
themselresand rustnobody-not he
Leg l s l a t u re , no t t he ~ ud i c~ ary , no t even
th e people whom they extol the foun-
tai n of po litlcalwlsdomInone of the
new States there are prohiblt lons
“uponheLegislature In theingle
matte r special eglslatlon” ; an-
other, the Const i tut ion “ even fixes tho
t imewithin which a judgemust en-der is ecision”; In NorthDakota,
i t equi res heSupremeCou rt of the
S t a t e o d o th e work of th e eporter ,
“ o prepa re syllabus of the polnts a d -
Judicated in each case ”
Tha t 1s to say, the small nl lnds which
get control of a convention seize hem
opportunity o “ r u n a State,’‘aspoll-
t iclanswouldermt,orhe ext
twenty thirtyyears,andby so do-
m g undermlne heheal thyAmerican
prmclple of self-gov ernmentandcivic
responsibllity. Gov. Russell’s phllos ophi-
ra l comment 1.3. “ Hy thecreat ion of
lnlportant adm~nlstrat ive boards and by
the many restrict ions on the leg~sla, t lve,
executive, and Judicial departnlents , the
tendency of these constitutions is to es-
tablish a sort of automatlc permanen t
admlnmtrat lon as a subst l tute or
usual of government ” as Chief-
Just ice Cooley has sald to some f these
constitution-makers. In your const i tu-
t lon you are tying the handsof the peo-
Storyadmonished us more han
a century ago . ‘‘ The rage of theo-
r i s t s to make cons ti tu t lons ve h~c le f or
t he conveyance of t h e ~ r wn and
1-isionary a p h o ~ ~ s ~ ~ ~ si gc~ ve~ nm en t r e -
quire 4 o be guartled against nnth he
nioet ntceasing ” Th e
st i tut luns which havefol lovscJ
foresiah?;.
T h e N a t i o n .
In addlt ion to the egotists who think
that heycan eglslate or he uture
with greater wisdom han any eglsla-
tors whom the people m ay hereafter se-
lect , hereare hedemagogues o f the
day, alw ays afr aid of the unpopular, a nd
ready to advocate any favor i te n~easure
of th ehourHotels , heatres. xpress
companies,heelephone,heleep-
ing.car,heelegraph,heai lroad,
become suddenly sub~ects of const l tu-
t ionalawhemendment at Al-
bany, repaled yhe unlons,
which 1s In tended oprevent heem-
ployment of convlctsat remunerative
work in the S tate pr~sons ,s speclmen
o f t h l s P r~ s ons prison reform 1 ttll
fur nish one of the unsettled proble nls of
presentivl l~zat ion Social sci
ence is still wres t l ingwith he ub-
Jecturnani lyemandshathe
convicthalleiven n reasonable
c ha nc e t o a m en d h ~ slfe and become a,
useful nd elf-supportingmember oi
society.conomicsequireha the
cost of refo rn~at ionbhall not beoo
gre at, hat he expense6 of theprison
s ys te m be k ep t w ~ t h ~ neasonable I lm~ts ,
and hat heconvict hallbe , If pos-
s~ble .e l f -suppor t ingow to
whatextent h i scanbe bebt accom-
phshed 1s still questlon-aquestion
whichsece~vlnghearefu lon-
sider atlon of some of the est nd
m ost ph ll ant hropl c n ~ n d s 11 the world
Yet at thls pomt there comes a band, or
manybands, of monopolistshavinga
corner, t rying ohaveacorner , I n
th ekil led-labormarketWhathey
w a n t 1s the exclusion of everybodywhoseaborwill ompete lhelr
own, i. e , wlth hei rk ind o € labor
Theyntroduceheegislatlveobby
in to a body of menwhoave no
r lghtoegis la te pon nyubject ,
and hey do his o procure legislationfor hemselves-legislationwhlchwill
help helr monopoly many years t o
come
A provision o prescribe and restrlct
the u turemana gemen t of aprlson s
n ~ a n ~ f e s t l ya na t t e m p t lo control he
future-an at tempt to dlctate a poilcy,
and tell succeeding leglslatols and per
hapsgenerat ionswhat heymustandwha theymust o t do Uonceinlng
this elem ent of control, Governor Rus-
sell most aptly says
not a k m g ; bu t the vltal question IS not“True, may a malorlty,
smrce, I t thetheir will, I t
ac co ~d lth the prlnclples lnbtltutlons O Cof I t 1 6 not In
htlerty-loving,
The primary purpose of H, c o n s t ~ t u t ~ o ~ l
1s to create and definea government, its
next is to secure personal and political
rights and estabhsh fe w of tho great
fnndanlentnlprinciples o f goverll-
nlent, snch “N o t i t le of nobihty mhall
shallmake no
Law rebpectlng an establlBhrnent ofA l l the an^ Z R
133
areestrict ions ponegislat ion
uponhe peopleholecthe
leglslatorsBut heyaremore han e-
s t r~ct lons . they are fundamental assur-
anc es ant1 guar antee s of gre at and 1m-
portantlghtsTheight of trial y
J u ry is a i l gh t affecting the individual ,
the prohlbltlon as to titles of nobility is
anassurance to al lmen hatal lmen
~n hls country shall be polltically equal;
the estr~ct lonconcerning an estab-
l i s hn~ en tf lel iglon” assures the nunori-
ty of re l~g~ouspersons that they shal l no t
be folcetl by he 1,laJorlty suppoit a
s ta te hurchSuch estrlct lons oo
the chalacter of government, and not
to ts pohcy. Thvy are organic and are
Intended o be Inlmutable, muc h so
as that “ he Unl ted S tates shal l gua-
rantee to every State I n this Union a re -
publican of govern ment ” Their
ahldlngpurpose s oguard hemmo-
rl ty and the individual, ancl to asoure to
al l men constitutlonal rights and hber-
t ies whlch a t ransl tory majori ty cannot
invade.
To these may be added cel tam restric-
tions upon adnunt stratlve forces oP
government-the legislative, the execu-
t ive, the Judicial But such restric-
t lons must extend further than these
adminlstrat lveagencies , hat they
mustn ot h n d t h e principal, th ebody
politicThe onvention, or hebetter
securlty of the people, may tel l future
Legislatures how they must work,but not
what heymust It with in he
proper of aconst l tut lon opre-
scribe that the enactm ent f a l aw shall
be only by yeas and nays, which shallen tered on he ournal , for h i s se-
curesohe ody olltic roper d-
mmistrat ivect lonwhere a s t a t u t e
would not b ind the law-mak~ng power ,
an degulatesegislationyome-
thing bet ter than legislat lve rules. But
i t 1s not within he proper scope of a
cons t i tu t ion to presc~ lbe that the peas
and nays be aken wca rocc, and
not by an lect r~c ns t rume ntwh i ch
would enable each member to print his
own na me ancl vote on the roll, and al l
the members of a house to vote simulta-
neously. A cons titutio n may requirrl
three everaleadings of a blll, andthatheseeadmgsen cllffer-
entdays ,and hat he i t le of a pri-
vate b l l l correct ly se t for th i t s object ,
It may go further and fol low the Eng-
llsh parllanlentary practlce of r eq um ng
D preamble which shal l ful ly declare the
nature and extent of the clalm. and the
intended scope and purpose of the btll,
may provld’c that nconstruing
euchstatutes hepreambleshal l imit
the effectof the enact ing c lauses , for a l l
such restrlct lons are In furtherance of
honest Irg~siat lon, nei ther “ ~ ehe
hands of tbc people nor ‘ ‘ cont inue the
leign ol a d c p r t e d n ~ n ~ o r l l \ - In only
one Instance. he election of the Pres].
dent , dld the Const i tut ion f United
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134
and within a score of years that provi-
sion had to b e amended.
Distru st s he enemy of republican-
ism. mencannot rusteachother,
and if society cannot trust itself, there
cannot ong be a republlc. I n 1787 the
publicdlstrustwassectlonaland mo-
narchical one State could not trust the
other States, and the distrustful part ofsocietycouldnot rustanythlng hat
even looked li kehe a b p e d mo-
narchy.The ramers of theConstitu-
tionreated he aseheroically, nd
in im e conlpelled the people of t he
UnIted States, no matter how far apart
th ey m lg h t chan ce to h e , o t r u st e ach
other.heseouthernndWestern
constitutlonswhi ch Gov. Russell
demnsar eoverwhelmingevidences of
dlstr ust, and of a distrus t which s of
th emost angerous mdThey how
that oclety In thoseStat es does not
tru st Itself theelectlo n of its
ow neglslatlveepresentatives,ha t
society, hough t does not say toking, ‘‘ Come and rule overs,” does say
t o a convention, “ Come an d take care
of us; we have weakened, we have not
the power of self-government which
fa thersha d; we belong to he servile
races,ndrencapa ble of taki ng
ca re of ourselves.” It is notunlikely
that some futurelstorlan,fter a
carefulstudy of Amerl canStates and
Statecommunltlesan dStateconstitu
tions, w11l ph~l osoph ~cal ly form ulate t
a la w of pohtl cal sclen ce, “The longel
a constltutlon, heweake r he people
and the more corrupt the community”
THE anguage of t he irstsentence 0:
the fourteenth amendment to the fede
ral Constitutlon indicates th at a persor
born In this country of Iorelgn parent!
is a cltlzenhe Staats-Zeitung ha )
lately called attentlon o he construc
tion mclden tally placed upon this par!
of the anlendm ent the Uni ted Statea
SupremeCourt In thedecislon n the
New Orleans slaughter-house cases , and
to a declslon of Judg e Llp plnc ott, de
livered In a ase eforeheHudsor
County Clrcult Court in New Jersey
The United States Supreme Court irits opmlon in the slaughter-house cases
delivered In Dec ember, 1872,says: “Thc
first ection of the ourteenth rticll
openswlth adefinltlonotcitlzenship-no
only cltize nshlp of the United States,u
citlz-ns hlp of the Stat es No such de6
nltlon was previously fo und In th e Con
stitutlon, or ad ny ttempt bee]
mad e to define it by a ct of Congress
The opinion then quote s the first claus
of the first sectlon of the fourteenth ai
ticle, as follows. “All persons born o
naturallzedin theUnlted States. andsuk
ject to the Jurlsdlction thereof, are cit’
zens of theun lted State s, andof the Statwherein they reside,” and goes on to saj
‘/ The firat observation we have tp
T h eN a t i o n . [Vol. 59, No. 1 5 2 1
JeRtions which we stated t o have been thelbject of dlfferencesof ownlon. It declareslat personsmaybe cltlzens of theUnltedtates w ~ t h o u tegard to them cltlzen6hlp of
partlcular State, and I t overturns the
or n wlthln th e Unlted States an d subJectred Scott decision by makingall
) ~ t s urlsdlctlon cltlzens of th e Unltedtates. That Its mampurpose was to eqtab-
t h e cltlzenshlpof the negro can admitD d o n p The ‘sub~ect o ItsIctlonwasntended t o exclude Its
r eration children of mmlsters, consuls,or of
In the case decided by Judge Llppin-
o t t I t washeld that manborn n
lrooklyn, bu t whose fat her was an
aturallzed Englishman, was not a clti-
en of this country, and could no t hold
he office of cou ncil man Knowi ng that
he case would be appealed to a higher
ourt,as tha sbeen, he udgedis-
qissed this point as follows (we quo te
rorn a manuscript copy of the unpu b-
ished declsion) :
I adopt t h o v1ew6 stated ~n the“Enon this subject, wlthout further
884. volume 18, page 831, t~pon hls subject,Law for September-October,
also those of Just,lce eray dellverlnghe opinion of theSupreme Court of t h eJmted States in th e case of 1’s. Wllklns,12U. 6, age
The article in the Law
Gew wa9 writtenby George D Collins
)f California,ndsnrgument
~gai net the citiz enshi p of the son OF a
3hinaman ornnhis ountry.
lenies without discussion the authority
)f the common-law rule 1n such cases
tnd up his opinion as follows:
xtizenship, and It 1s essentla’. n order thattherefore not zpso confer
lerson he a nat lve natural-bnm cltlzen 01
;he United fitetes. that hl s father be at thcxme of the bn th of such a person a cltlzerhereof.”
In the case of Elk VE Wilkins the opi
nion of the Un ited State s Cl rcuit Cour
was delivered n 1884 by Ju sti ce Gr ay
action being one brought by an In
&an against a reglstrar n Omaha fo
refusing to register him as a voter, anc
-s devoted almost entirely o a dlscus-
;ion of the pollt lcal stat us of Indians
IF the words “sub~ect to the ju r lsd ic .
;ion thereof ” the court says.
evldent meaning of these lasts , not, mere’y subjwt In some respect or de.Cree t o the jurlsd1ctIon of the Unlted States3ut completely subject t o thew political jur l silctlon, and owlng them dlrect and ln~med~x t e alleglance. And relate to thchme of blrth in the one case. as they tcthe t lme of naturabzatton in Ihe other.$ o mnot thus subprt to the junsdlctlon n
the United States a t the time of blrth cannqbecome so afterwards except by naturallzed. elther indlvldually. as by proceedlugunder th e natural~za tlon cts, OT collective y
as by the force n f a treaty by whlch forelglterritory IS acqulred.”
The opinions above cited present wha
has been said judicially agalnst the righ
of the Eon of a fore igne r born n hi
coun try t o be considered a citizen here
I t is a comp lete revers al of t he opinio:
on thiB question which was held by ou
highest authorities before he ratifics
tion of the fourteenth amendment, an
the bearing f the amendm ent, aso CO T
J1
a
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a
18 secretaries of state at Washing ton
.ho were in office after its ratlflcation.
ustlce Swayne (who, by the way, wrot
dissentingopinlon n heslaughter-
ouse cases), In wrlting an opmlon ~n
366, United States vs. Rhodes (Clr-
u i t Court, in Kentucky), quoted from
Lent’s ‘Commentaries,’ ‘Citlzens,’
er our constltutlonal laws, means free
lhabi tants born withinheUnited
tates or naturalized under the laws of
!ongress,” and said:
find no warrant Io1 th e opmlon that31sgreat Imnclple of the common l awve r been changed in the Unlted Slates. Itas always obtalned here wlth the samend sublect only t o the same exceptions,nce as before th e Revolutlon.”
Secretary &farcy, writmg instructlon
n 1854, said. ( ‘ have to observe that t
3 presumed that, accordmg to the com
IOU law, any person born in the United
Itates, unless he be born in one of the
oreign legation s th ereln, may be cons1-
!ered a citlzen thereof untll he formally
enounces his citlzenshlp.”
Secret ary F1s11,ln inst ruct lons writ ten
1873, said “ So fa ras concernsou r
bwn local law, a child born I n the Unit-
d States to a Brit ish subj ect 1s a clti-
;en of the Unit ed Sta tes ” In a etter
)f lnstructlone to Gushing, In 1677,
lecretary Flsh said. “ The mmor chlld
)f apanlardorn theUnited
3tates, and while in th e United States.
a itizen of theUnitedStates ”
3ecretaryBlaine ecogn~zed he ame
new in a let ter 1881, inwhichhe
laid. “ The chlld born to an ahen in the
JnitedStates loses on
eaving the Unlted States and returnin;o hi sparents’alleglance ” The ame
dea 1s presented in a letter by Secreta
Frelinghuysen, dated 1883, in whlc h he
rays- “ A chlld born thls country to
I foreign ather,when aken by his
Father abroad,cquiresheather’s
domicile and nationahty”
Two years later Secretary Frellnghuy-
;en had revised hls oplnion on thls ques
,Ion, and in a letter to Ifmister Kasson
n he ase of Ludw igHausdlnghe
lays “Notbeingnaturahzed by force
)f the statute, Hausdlng could only as-
;ert cltlzenshlp on th e groun d of bir th
.n theUnitedStates,but hls la mKould, If presented,beuntenable, or
oy section 1922, R S , I t is made a con-
ht io n of citlzenshlp by bir th tha t the
person benot ubject oany ore~gn
power.” Theectlon of the tat ute s
quoted dlffers from the provlsion of th e
fourteenth amendment only phrase-
ology In 1885 SecretaryBzyarde-
cided that’the son of a Germa n subject ,
born n Ohlo, was not a citizen under
the statute or the Consti tution, becaus
“he wa s on his bmth ‘subject to a for-
eignpower,’ nd not ubJect o he
jurisdlction of the United States ”
the Unlted States Supreme Court
itself oes not ccep the expression
used inhe laughter-house ases snn thla In he case of bfino
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’3, 18941~- ____
vs Happersett , ecided in 1874. twc
years after the decmon in the slaughter-
house cases, it held ; “ Some authoritiee
go further and lnclude as citlzens chil.
dren born wlthin the Jurlsdictlon. wlth.
ou teferenceoheitizenshlp of
their parents As to thi s class th ere ave
been doubtsFor hepurposes of this
case it isno tnecessary o solve these
doubts ”
In the case of Look Tin Sing, Circui t
Co urt of Cahfornia ,declded n 1884,
Justice Field, wrltmg the opmion , held
thataChmamanwhoseparents were
andalwayshave been sub ject s of the
Empero r of C hina, but who himself was
born in Cahfornia, was“ not within any
of th e classes of persun s excepte d from
citizenshlp [by the first section of the
fourteenth amendment], and he uris-
diction of the United States over him at
the lme of hls birth was excluslvq of
tha t of an yothercountry ” He hus
defined hls vlew of the wor ds “ subject
to the jurlsdictlon thereof ”.
of the Unlted States wh o are with ln their do -“ They alone are subJect to the Jurlsdlctlon
minions an d under th9 proLectmn of heir laws,and wrth the subs-.quent obligaaon to obeyt h e m when obrdlence c a n be rrndered, andonly those thns subJect by khelr blr or natu-ralizatlon are wlthiu Lhe terms of the ame nd-ment. . . . The language used has lso a
except h l r n cltlzenh~p ersons whn, thoughmore extended purpose I t was designed t o
or nazurallzed in the Unlted States, harereuounced alleglance our governmentand thus dissolved their pol~t~ca lonnectlonswlth the country.”
The question may, therefore, be con-
sidered o be stillawaltmgadefinlte
declslon of the highest court
THERE s some fear, as there have been
some predictions, that the throwing ut
by the Lords of the Evicted Tenants bill
will ead o a fierce ecrudes cence of
agrar~an agitation his wmter. It is to
be consldered, however, that the “ agl-
table”elements, so tospe ak, of Iris h
society have, by emigratio n and other-
wise,een ser~ouslyeducedwlthln
the past en years, hat he statutable
reductions in rents have done much to
quiet thousands, and that the success f
theConge s te dD~str~cts Board would
render I t verydifficult oarouse hewest as formerly. The nflue nce of th e
schooling of the last few years in con-
stltutionalmethods. oo,mustnot be
overlooked Inhort, nema yairly
conclude that the last desperateweapon
of dlsturban ce and outrage is no longer
available
At the same time it cannot be denied
tha the positlon of theome-rule
movement is exceedinglyrave To
mosthoughtfulEngllsh-speaking b-
servers outslde the United Klngdom It
is apparent that the Imperial Parhament,
at present constituted, cannot do its
allotted work The claims f Ireland must
be some way satlsf ied. The maJor1t.y
of Irishmen see more and more clearly
T h e N a t i o n .
that Great Brltain is increasingly inca
pable of leglslatlng for Ireland Nationa
peculiarities,asbetween he wope o
plea, are becomi ng less marked, but thc
instltutl ons of the wo ountries arc
growing more complicated and diverse
Ireland’s desire for home rule 18 not :
fire of slowly dyingembers ; i t is on1
bemg constantly fed with fresh fuel il
the shap e of newly evolved wan ts an(
wishes which he Imperlal Parliamen
ha snot ime,knowledge,or apacit;
t o meet. There is no better case in pom
than he and question Parliament ha1
spent session after session the att emp ,
to settle I t , and now the parliamtntarJ
committee lt ting or hepast threc
months reveals hat he work must be
reconsidered
Represe ntatlv es of Irish feeling have
alwaysontendedhat, long a!
theadm ~ni str atio n of the aw s no1
dominated by publlc pinionnre
land as it is In England and Scotland
the efforts of Parl~a ment to satlsf y Ire.
land must fall This contention 1s sup
ported by he evidence ald before thc
abovecommlttee.Th eworkm g of tht
land laws, t he Interpret ation of t he actr
of Parha ment , have been in the handt
of men out of symp athy with the peo
ple of Ire lan d, cut off from the influ enct
of theiropinl on. gnoran t of them
plrationsand needs. Irishadministra,
tors rely for their advancement and
cess life on English feeling and the
splrit of the and Scotsman. The in.
qulries of this committee have broughl
out an almost grotesqueerversionof thc
apparen tly plain wording of ac ts paseed
wlthm the last fifteen yeara, and of theutt eran ces of the statesmen w ho passed
them, and have revealed on the part oi
Irlsh officials analmostChinese ub.
tlet y of intell ect in apply ing t hem when
posslble In favor of landlo rds and against
tenantsTheevidenceandproceeding€
of this omm lttee , published day by
day In the rishpapers,havestrongly
impressed rishpublicopmion, while
inEngland,among hose who will be
the final arbltra tors, carcely no-
t ux is taken of the proLeedings, upon
proper es t~ ma t~ ohf which the welfare
of thenla jor lty of Irlshm en depends.
Many a cri cket matchm
London, manya race between the Vagzlant an d Bmtan-
has attracted more attention than
all thedoing s of thecommlttee rom
6rst to last.
The Llberals who espoused the cause
D f home rule have proved rue, but n
what dlrectlon behind hem s British
Dpinion te nd mg ? Is fu rt he r proof be
afforded that when Irelan d qui et her
demands are ot eeme dworthy of
sttention;or 1s Enghshopmlon,after
its deliberate but welghty fashion, re-
3olving that the hom e-rule measu re for-
mulated and passed thro ugh the House
,f Commonsmust, pite of the oppo-
$ition of the Lord s, beco me aw? It s
iifficult o say. Perhaps no other
~~ ~
135““”liament has been so producti ve of great
measures for thepeopleof Great Brltam.
Theyav eamedmuch,ndhe y
would ave amed othmgwithout
the teady upport of the rlsh vote.
Theovernmentamentoower
to settle an Irlsh grievance, yet so far
nothrnghas been carried or reland.
W ~ l l reat Brltam at the next election,
in full appreciatlo n of the services ren-
dered by Lelandand of thenecessity
for a settlement, rally to the Irish cause?
Or w111 she , hav mg sec ure d o much for
herself, forget those to she is EO
largely Indebted, and fall back Into one
of those lethargies regartlmgeform
which have In England so often follow-
ed period s of radl cal actLvvlty?
The public supineness as to the rejec-
tion of thehome-rulemeasureby he
Lords,contrastedwlth hegeneral
dlgnatlon when the Employers’iab1llty
billasmutilated, 1s ominous. It
would be dlfferent If Irlsh were lmked
with English reform, If Englishmen felt
for th e inha b~ tan ts f Meath and Mayoas they feel for th ose f Lancashlre and
Suffolk, if, In short, public opmlon an d
publlc sentiment extended cross he
h s h Sea.Buthis s othe case.
So long as the Lords have the astuteness
to pass with llttle material change mea-
mre e mpor ta n t o Great Brltaln, it ie to
be feared they will be allowed to muti -
late or reject bllls relating o Ireland.
Moreover, mu ch hatha soccurred of
lateears at homendbroadas
tendedoiscourageormeropes
as o adicalchanges. talyhas been
a isappomtment ; so hashe slow
progress of orderlyibertyn outhAmericaAdd he ise nd pread of
Anarchy, heprevalence of lmposslble
labor emands nd of labor iots InIreland hisperpetualunsettlement
mostdisastrous. I t retards or prevents
minor reforms; it to o often, local af-
fams, aids unworthy persons and mte-
rests keepmg heir hold upon the
public conscience and the public purse
simpleverbaladhesion opopular
princlples.
Theeven ts of th epast ewmonths
force certainconsiderationsespecially
upon theattentlon. One 18 the allure
3fthe Llberal Unionlsts to Justify themexmtenceas a partydetermlnedlyse t
sgamsthome ule,but trenuous or
radical reforms the governm ent and
sdmin lstratl on of Ireland . There s no-
thing now to dlstlnguish hem m this
respect from the bluestf blue Ton es, the
nost orangeof Orangemen Courtn ey
and Mr Russell are perhapsexceptions-
;he in genuine sympathy wlth Irlsh-
nen in their materlal concerns, the other
tfrien d of Ulster tenants the other
nand, it was hoped th at Mr Gladstone’s
:etlrement would make httle change re-
garding the progress of the Irlsh ques-
;ion in ParliamentConcerninghat
tnd all others, it has made an immense
%Iteration. The great debates continue,
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136~. ~-
bu t in a different, more material at-
mosphere
~ ~~
~, ~. ~~
~~
hi& THK (;*<
I JP’ f Eh! tS
incurableopt inusnlwhlch 18 on e
of the essenti al qualities going to make
Gladstone an ideal democrattc lead-
er , was never given more str lklng dls-
play than in his ar ti-
cl e on “ Heresy and Schlsm ” S ub je c t
a nd t r e a tm e n t doub t l e s s ~ l lu s t l a t e o the r
c l~ a r a c t e r i s t l c sf111s If he can no t say
wlth Emerson tha t he loves a c owl , a t
leas t he can tha t he l tkes a shovel-hat,
and theological speculatlon and ecclesi-
astical contropersy have had a smgular
fascinationorlmvermcels
‘ C hur c ha ndSt ate ’ of fifty-fiveyears
ago. A certal nmental lavorandme-
thodnotunlike hose of a soholastlc
theologiankewiseppearerend
there in thearticleBagehot ongago
smgled uthls ua l i tyn imBut
what ln~presses one above all e lse in thlsla tes t wr l tmg of Gladstone’s s, th e
obstinate opefulnesswithwhich e
observingly d isti ls out the soul of good-
ness in things evil
He himself 15 High C hur c hm a n of
thes t ra l tes tsec tTohlm, a8 he inti-
mates in the a r t ic le 1 t3el f, the Chu rch
is a divine organism. wl th a Jurisdic-
tlon solemnly constituted ” and vested
in the uccessor s of th e Apostles d c -
cordingly a l l who “ rebe l” aga lns t tha t
jurlsdiotiondo hereby“frustrate , so
f a r a s in hem lies,” thework of t h e
DivineFounder of theChurch.Wi th
these convlctlons, how It be sup-posed thatanoldman,gaz ingabroad
upon disrupted C‘hlistendom,would
consider the case f those men and sects
tha thave ent p ieces he eamless
garment of the Lor d? We should expect
such gloon~y views and lamenta t ions as
we are, fact, accustomed o receive
f romHighChurchquar te rsThepr tn-
clple of authorlt y s broken down Men
wlllno onger “ he a r heC hur c h ”
They turn the l r backs on the t rue I lght ,
an dreollowinganderingtars,
wh lc h wlll lnfallibly lead them Into the
blackness of darknes s hls is w h a t
anyman 111 Gladstone’s position,
withou t unquenchable p tmnsm,
would have told 11s heerenely
turns to tllu great wlrlpen sations, nay,
the posltlvo blessings. whlch the stout-
es tH lghChurchmanmay ee In the
spread and powerof heresy
Without o l lowmghim hrough he
s teps by which he hlnks it necessary
to justify hlmself In E O m uc h a s t a km g
this point of view, I t 18 enough o say
tha t the main benef i t he modern
schlsm 13 i ts testimony to the power of
whathe a l ls undenomina t ional re-ligion ” Wha themeanshese ts
in the following impresslve and pathetic
passage.I do not know on earth a more blessed
T h e N a t i o n ,~-~~~ ~ ” ~~~ ~~~ - ~~~~ ~ .. ~ - ~ ~
subJect of contemplatlon than that whlch 1should descrlbe follows There are, may
upon earth 450,000,000 profewngtian@ There no longer one fold under one
shepherd and themajority oftla116 [ take 16 to be, though themlrtorlty 16 large 16 content w l t h
provlslons He made earth flockshepherd heaven, with the other
1s brokenup Into scores, I t may bedreds, of sectlons. Them sectlons are no ta t reace, but a t . . . But wlthal l thls segregatmn, end not onlyslon but confllcr; rotnds Interests,the answer glven by the four hundredfifly mllliona, or those mere best en-
the Gospel, IS still th e same. With exceptttled t o speak them, t o the questlon what
t,lons so sllght that we may justly set then)out of recltonmg. t h e reply st111 the
a s i t ~n the apostolic age-the
Trlnlty and the Incarnatlon, in God t h a trentralruth of theGospele9n the
made us, an d tne Sav~our thatredeemed us.
man hlstory have been, how feeble is t h eWhen I conslder what human nature and
spl rlt in war fare the flesh, bow myhead In amazement e a1mlracle, marvellous concurrence evolvedfrom the very heart of dlscord.”
Such opt imism in such a man seems
t o UE almostunexampled. It IE an opt im-
ism,owever,which nota ke
closeenoughobservatlon of the act suponwhich it worksNarrowlyscrutl-
nlzed. the “ marvellousconcurrence ”
whmh Gladstonesteems so en-
couraging,wouldnotprove of a eort
to delight one who holds the doctr ines
hement lons nany uch enseashe
does The concurrence is t oo m uc h tha t
of a relaxed grasp all dogma, of ationalizing translation thehistoric
teaching of theChurch nto e rms of
modern hought , of the ef ining nd
transcend entalizl ng tendency whlch 111
accept any creed all creeds provtded
the r igh t of private interpretation 18 re-
served. No one horoughlyconversantwl th heway In which he wodoc -
t rmeswhlch Gladstonementlons
are actually held among theleadingro -
testant sects would dare to say that they
mean the same thmg as in the apos-
tolic age or the Nicene Creed. Even
as these dogmas are held at the present
day, heyareaccepted oranentirely
different easonOnce I t wassufficient
tha t M othe r C hur c h t a ugh t t he m No w
th estan dpo mt s athe r hat of Cole-
r ldge-that hey “ ind” men, ha t is ,
Inspireandcomfort this of
itself is EO wldeadeparture the
dlvlne ly con~mlss loned Church wi th its
solemn urisdictionhat any concur-
rence to be made out besldes Beems ne-
cessarily barren
Natura l ly theleESingS of he res y wo ul d
be ery ifferently escribedro m R
more ecular tandpoint.Probably Ja-ne t pu t s t he c a se a way acceptable to
themodern pi r l twhen that* ‘withoutc r i t ic ism and investlgation
theorldouldeneniversal
C h ina ” Heresy able o maintain tself
fo r a century or two insures free inquiry
That has come to be the pr inc ipa l th lng
withmodernman,whether I t leads
him to heresy or thodoxy Milton de-
clared llbelief. rue or false, to beheresy, provided a held i t wi thou t
[Vol. 59, No. I 5 2 1- ~ .~ ~~~~ ~~~~~~~~- ~
sufficient leason Am an may be :
here t ic~n he ruth ,”he ays the
‘ Areopagltica’ . * ‘ and i f heelleve
things only beoatlsr his EO .
01 the et.sembly so tleternllnea. withoul
knowmg other reason, though hisbelief
be t rue , ye t the very t ru th he holds be-
comes h18 heresy ” It is romheresy
of t ha t km d tha t t he m ode r n wor ld de -
vout ly prays to be de l~vered
~~
THE BRYANT CENTENNIAL.
PITTSFIELD, August 17,1894.
AT Cumm~ngton,yesterday, was observed
approprlate fashion the centennirrl of w11
hamCullen Bryant‘s blrtb tlme to
t lme during past twenty years we have
2elebrated the cenlennial o€ events Important
m our natlonal hlstory, from the Boston Tea
to Washmgton’s maugurat1on. whereas
the exercises at Cummlngton commemorated
earllest American poet, and, n so domg,
they celebrated the birth of Amerlcan poetry.
Bryant’s prlority IS lndlsputable, for he was
born November 3, 1794, and wrote
topsls” In October, 1811 Of the poetsbelonged t o bls geoeratlon, and constitute
what IS already commg to be regarded the
-1assic group, Emerson was bornn 1603,
Longfellow and U‘blttler 1807. Holmes and
Po e m 1809, and Lowell and Whltman 1819.
Older thanBryan t were three smglepoem
men, Hopkinson, Key, and Payne; but “Hall,
Columbla,” “The Star-Spangled Banner,”
“Home, Sweet Home” were all written after
“ Thanstopsls ” At any rate, these three
lar pieces would never pass for grear poems
30 , too, FItL-GreeneHalleck, born 1790,and
For many years halled, part lcularly m New
as a genlus, has long been properly
Aasslfied He does not, llke Bryant the
3ther iem ber s of t h e group I have mentloned,
represent any Important idea or reveal t o aremarkable degree any quality of perm anent
value hterature-as Holmes wit-and
50 ,we can no more rank Halleck among the
great American poets of the cen tury than we
:an rank Praed Bayly among thegreat
English poets
Bryant’s prlortty tune 1s therefore a* un-
questionable as the excellence of
topsls,” first poem--a work whlch, whether
I t be Judged as the production of a youth of
seventeen, by the strictest canons of critl-
rlsm, stands forth among the splendors of
language peculiar velu,. a mlnuteand
lovmg descrlptlon of nature--“axed,
painters would say, a spray of moralmng-exhibited from the start. After “Thana-
topsis,” ‘< Waterfowl,” ‘‘ Yellowlet,” the “Inscription for a Wood,” and the
few other poems llke them published 1821In
his volume, Bryant wrote nothmg
racterlstic which cannot be traced to asmilarmspiratlon. He found his vocation m
and never went search of novelty
The result was that the impressmn heprn-
duced was deep and uniform, and, we may be-
lleve, permanentNature became through
his lnterpretatlon moral, as through
son‘s she became spiritual, and through She&
emotlonal. A moralized nature cannot
cease interest and uplif tmankind.
Reflections such as these doubtless IU
the minds o€ hundreds of persons made
yesterday the pilgrimage to
That vlllage lies northwesternsetts, among the hills of Hampshire
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