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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-



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



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

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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



’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,



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

nation article bayard

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