I32 T h e Nation. 59, No.

1521

THE ad valorem. It now reduced one cenl all through, and with “ ifs

most important change in the new per pound, z e , it 18 put at 1 1-5 cents buts ” about It, is the clause placing
tariff is that relatlng t o wool and wool. whlch equalto 4 2 percentadva works of art on the free llst. The spec-
len goods, by whlch the raw material lorern. Here we may repeat that an in. tacle presented to other civilized natlons
made free and the duties on the manufac. dustry which cannot be carrled on bytheUnitedStatescllnglngtoIts
tnred articles are reduced to 30 per cent. laxing all the
consumers of canned barbarons on educatlonalandle-
on yarns, 40 per cent. on cloths, and45pe1 goods ancl allthebuyels of tin pans, finingInfluences In theshape of pic-
centondress goods Thereduction on pails, and dippers 42 cents on each dol- turesandstatnaly. has been aboutas
these artlcles 1s chiefly In the speclfic lar’s worth, is a detrlnxent to the coun- anomalous afi t h a t of a Inm with a war-
rates, or pound dutles so called, whlch try and ought to be abollshed clubatagardenparty One Congress
were imposed t o offset thedutles on A morebrazenalthough less irnpor- afteranotherhasmetandadJourned
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 though
casesveryonerous,ranglngfrom 163 tln-plate tax was the duty on pearl but- free-art clauses havebeen introduced in
cents on blanketsto 60 cents on drew tons, which raised from 25 per cent several of the tariffbllls Indifference
trlmmlngs and on the higher grades of to 243 per cent. average As to sonle va- on the part of the genersl body of legis-
carpetsThetheolyuponwhichthe lletiesand sizes I t was muchhlgher, lators has been more oi a factor, per-
pound dutws u lald was that I t takes, being about i ,000 per cent Thls swindle haps, thau active olqjoslt1on. in the de-
io1 csanll)le, €0111 pounds 01 raw wool to was accomplished by cunning phraseolo-fe:,t of repeal,butlhlstlrnethomea-
make one pound of cloth, that is, the gy t h a t c’olnmon people could not un- sure seenls t o have found fllends in thc
dutleswerecompensatoly. When the derstandTheMcKinleyduty was “ 24 committees of both houses and I n the
Wllson bill came the manufacturers centsperlineand 25 percent ” debates on the floor as well The Arne-
who had the nlalrmg of the McKinley to be regretted that the duty not rlcan artlsts who deslred t o be exempt
bill, confessed, or rather insist,ed, that put back to the old rate of 25 per cent. from this offensire sort) o f “ protection”
they had stretched the truth” when It stands in the new bill at 1 cent per and have kept up nctlve war on
they sald that the pound dutleswere no line and 15 per cent , which is equal to tax, are to be congratulated on the suc-
more than a compensation for the du- 84+ per cent ad valorem. cessful outcome of thelr labors, and the
ties on r a w wool They now claimed Llnseed oil mas monopolized by general public on step Increasing their
thatthepounddutiesaswellasthe Trust as soon as the McKlnley bill was respect fol a l t and thelr reputahon for
ad-valorem duties were protective (and passed, the duty being increased from Intelligence a t the sanw time
necessary 01 course),andtheymade 26 cents to 39 cents per gallon I t 1s nom _ _ _ - ~ -~
”” ~

_ _ _
their own formeruntluthsthebasis reducedto 20 centspergallon.Castor
G‘01: CSSET’I, o s .YT.4l’E
of ademandthatthe woollen dutles oil was also put into a Trust, the duty
should be Increased over and above the being 80 cents per gallon. I t i s now re-
compensatory llne of the IilcKlnley blll, duced to 35 cents EX-GO~E~XOR of Xassacllusetts,
and they actually prevalled on the Se- Flax. hemp, grain bags, cotton bagging in his address before the gradnatlng class
nate to raise them 6 per cent above the and burlaps are on the free llst This is of the Yale Law School, has set forth
Wilson bill asareward thelrpre- a very Important change. his own views as to what a constitution
vious dlshonestbehavior Thls,
how- Solphulicacid,themostimportant should be and as to what constitution
ever, can be ovrrlooked now, or relegat- chernlcalagentemployedinmanufac- should not be. The Constitutlon the
ed to the tomb which contains so many turing Industry, is restoled to the free United States, it 18 almostneedlessto
other tariffcleceptlons androbberles list, McKinley having taxed 4Itcent per say. 18 constltutionas I t should be.
The relief to the
public
fromthe pound Bichromate of potash,another “ In less than thirty wolds,” says Gov-
abolitlon of thesepounddutleswlll indlspensableagent oQ manufacturlng ernorRussell, “ It createdourwhole
be very g+eatThe new schedule of Industry, which has alwaysbeen a close nationalJudlcialsystem ” By ‘‘ eight
woollen manufactures does not go into monopoly inthiscountry, leducecl words ” Itestablibhedouradmlralty
eifect tlll the first of January, 1895, but from 3 centspelpound(about 33 per ancl maritime Jurisdiction, whlch, by
the wool schedule takes effect immedl- cent ) to 25 per cent This artlcle ought magnificent ~ u d l c i a l evolution,”
has
ately. t o have been put on the free llst broadenedtheorigmalEngllshIdea,
Next In importance to wool and a o o l - Lumber is at last put on the free ltst untllJurlsdlctlonextends “ fromthe

lensarethescheduled of chinaand Theduties on whitelead,pig ebband flow of t h et d e so asto

glassware,whlchare reducecl from 55 cutlery, gloves, and nearly all the m1s- covereveryleague of navigablewater
and 60 per cent to 30 and 35 per cent cellaneous artlcles have been materially withlnourcontinentaldomain.”
Of course thele 1s a great outcry on this reduced. Thereductlon on Iron and system of conlprehensive general prin-
subject from the protected Interests, and steel, although seeming i o be conslder- ciples and broad powers, sufficiently elas-
they all talk of going out of business, able,isreally no reduction except on tic to allow of expansion by proper con-
Justasthequinine-makersdidwhen certainspeclalties,beingprohlbitory structlon, yet sufficiently dlstinct to be
Congress putthatarticle on thefree even atthelower ratem nowadopted. effectlve and protectire, has stood the
llst. It j s a sufficientanswertothe This is the case with plg-iron and steel test of more than a hundred years, has
makers of china and glassware that any ralls carried us throughforelgnwarsand
trade whlch cannotbe carrled on in this The reclproclty clause of the McKin- clvll conflict, has adequately met a1)he-
country wlth a taxof 30 per cent. levied ley act is repealed. but the reclprocal nomenal increase of population, wealth,
on the consumer for its benefit ought to commercial arrangements heretofore aud area wlth its new and momentous
be abolished. There is no danger, hom- made ” are kept force, “ except where questlons,hasskilfullpadjustedthe
ever of their going out of business per- such arrangements arelnconsistent withdellcate rdatlons between State and na-
manently. the provisions of this act.” Therefore, tion, and governed as efficlently $0,000,-
The next most important thing in the upon the signlng of the blll by the Pre- 000 of people scatteredthloughforty-
llst 1s tin plates The increase of tax on sident,theretaliatorydutlesagainst fourStatcs,reachmg from ocean
thisarticle was perhapsthegreatest Venezuela, Hayti, and Colombia which ocean,asthesmallpopulation of the
outraze ln the McKinley bill. The duty were established by Presldent Harrison’snarrow coast llne whlch embraced its
on tnl plates In the tarlff of 1883 was one proclamation, are
abrogated. This is thirteenorlglnalconstltuents ” Gov-
cenG ;L pound,beingequalto 35 per Important as regards the “ mild coffee ” elnor Ruzsell also triumphantly quotes
cent valorem.McKinleyraised It produced by those whlch is Mr. Dicey, when speaking of the
c- 0 1 -0.. -I
. dntiabh cents per reign power established by Coneti-
Aug. 23, 18941
~ _ _ _ _
T h e Nation. 133
t u t i o n . “ It needed the thunder of civil In addltion to the egotists who think are restrictionsupon legislation
war to break his repose, and it may be thattheycanleglslateforthefuture u ptohne people
who
elect
the
doubted whether anything short of with greater wisdom than any leglsla- leglslatorsButtheyaremorethanre-
Impendingrevolutionwilleveragain 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 1m-
Substantiallyeveryrecentconstitu- day, always afraid of the unpopular, and portantIlghtsTheright of trialby
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 thehourHotels,theatres.express the prohlbltlon as to titles of nobility is
opinion, what a constitutlon should not companies, thetelephone, thesleep- anassurance to allmenthatallmen
be. Themasterfulpower of enunciat- ing.car, thetelegraph, the
railroad, ~nthls country shall be polltically equal;
Ing great principles In few words cer- b e c o m e s u d d e n l y s u b ~ e c t s of constltu- therestr~ctlonconcerning an estab-
tainlyseemstohavepassedaway as tional lawThe amendment at Al- l i s h n ~ e n of
t leliglon” assures the nunori-
completelyas If 500 yearshadinter- bany,prepaledbythe unlons, ty of rel~g~ouspersons that they shall not
vened-as t h er e c e n tc o n s t i t u t ~ o n s which 1s Intended to prevent the em- be folcetl by the 1,laJorlty suppoit a
werewrittenin a newlanguage---as ployment of convlctsat remunerative statechurchSuchrestrlctlonsgoto
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 s1s, speclmen t h e c h a l a c t e r of government, and not
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 present civll~zation Social s c i as t h a t “ the Unlted States shall gua-
t h e r a t l o of eight to eighteen.” in 18i5, ence is still wrestlingwiththesub- rantee to every State I n this Union a re-
theConstitutlon of Mlssouri “ i n the Ject Hurnanily demands that
the publican of government ” Their
ratio of eleven to thirty-one In 1891, convict shall begiven n reasonable ahldlng purpose is to guard the mmo-
the Constltution of Mississippi became chance to amend h ~ llfe s and become a, rlty and the individual, ancl to asoure to
“almost a code of laws,” containing 885 usefulandself-supportingmember oi all men constitutlonal rights and hber-
sectionsandcovering 47 pagesThere society. Economics require thatthe ties whlch a transltory majority cannot
no admlnistrative detail too petty cost of r e f o r n ~ a t i o n bhall n o t betoo invade.
constltutlonaldelegate to tryhis g r e a t ,t h a tt h e expense6 of theprison To these may be added celtam restric-
hand at; and the controlling ideaof system be kept w ~ t h ~ reasonable
n Ilm~ts, tions upon adnuntstratlve forces oP
little constltutlon-makers man~febtly IS andthattheconvictshallbe, If pos- government-the legislative, the execu-
that when they get a chance t o manage s~ble. self-supporting How t o tive, the Judicial But such restric-
matters.theymust fix tllenl to snit whatextentthiscanbe bebt accom- tlons must extend further than these
themselresandtrustnobody-notthe phshed 1s still questlon-aquestion adminlstratlveagencies,that they
Leglslature, not the ~udic~ary, not even whichisrece~vlngthecarefulcon- must not h n d t h e principal, thebody
t h e people whom they extol the foun- sideratlon of some of thebestand politicTheconvention,forthebetter
t a i n of politlcal wlsdom In one of t h e most phllanthroplc n ~ n d s111 the world 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
“upontheLegislature In thesingle manybands, of monopolistshavinga whattheymust It withinthe
matter specialleglslatlon” ; an- corner, trying to have a corner, In proper of aconstltutlontopre-
other, the Constitution “ even fixes tho theskilled-labor market What they 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 ren- w a n t 1s t h e exclusion of everybody be only by yeas and nays, which shall
derhisdecision”; In NorthDakota, whoselaborwillcompete lhelr entered on the journal, for this se-
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 curestothebodypollticproperad-
S t a t e t o d o the work of thereporter, They Introduce the
legislatlve lobby mmistrative actlon where a statute
“ to prepare syllabus of the polnts a d - i n t o a body of men who have no would not bind the law-mak~ng power,
Judicated in each case ” rlghttolegislateuponanysubject, andregulates
legislation by
some-
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 forthemselves-legislationwhlchwill i t 1s not within the proper scope of a
opportunity to “ r u n a State,’‘ as poll- help 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
ticlanswouldtermit,forthenext come and nays be taken wca rocc, a n d
twenty thirtyyears,andby so do- A provision to prescribe and restrlct not by a ne l e c t r ~ cI n s t r u m e n tw h i c h
m g undermlnethehealthyAmerican t h e f u t u r e m a n a g e m e n t of aprlsonis would enable each member to print his
prmclple of self-governmentandcivic n ~ a n ~ f e s t l ya na t t e m p t l o controlthe 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 simulta-
ral 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 threeseveralreadings of a blll, and
the many restrictions on the leg~sla,tlve, w h atth e ym u snt o t do Uonceinlng that these
readmgson
be cllffer-
executive, and Judicial departnlents,the this element of control, Governor Rus- entdays,andthatthetitle of a pri-
tendency 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 not a k m g ; b u t the vltal question IS not llsh parllanlentary practlce of r e q u m n g
usual of government ” as Chief- smrce, It the D preamble which shall fully declare the
their will, I t
Justice Cooley has sald to someof these of I t 1 6 not In nature and extent of the clalm. and the
constitution-makers. In your constitu- acco~dwlth the prlnclples lnbtltutlons O C intended scope and purpose of the btll,
tlon you are tying the hands of t h e peo- htlerty-loving,
may provld’c that in construing
Storyadmonished us morethan The primary purpose of H, c o n s t ~ t u t ~ o euch ~ l statutes the preamble shall limit
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 ~ rown a n d rights and estabhsh few of tho great honest Irg~siatlon, neither “ t ~ teh e
1-isionary a p h o ~ ~ oi s ~g~c ~~vse ~ n m e n t r e - 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
nioetuntceasing ” The shall make no one Instance. the election of the Pres].
stitutluns which havefollovscJ Law rebpectlng an establlBhrnent of dent, dld the Constitutionof United
foresiah?;. All the an^ ZR
134 T hN
e ation. [Vol. 59, No. 1521

and within a score of years that provi- JeRtionswhich we stated to have been the 18 secretaries of state at Washington
lbject of dlfferencesof ownlon. It declares W.ho were in office after its ratlflcation.
sion had to be amended. lat personsmaybe cltlzens of theUnlted
Distrust is the enemy of republican- tates w ~ t h o u regard
t to them cltlzen6hlp of J1ustlce Swayne (who, by the way, wrote
ism. mencannottrusteachother, partlcular State, and I t overturns the a dissentingopinlonintheslaughter-
red Scott decision by makingall
and if society cannot trust itself, there orn wlthln t h e Unlted States and subJect h ouse cases), In wrlting an opmlon ~n
cannot long be a republlc. I n 1787 the ) ~ t sJurlsdlctlon cltlzens of the Unlted 1f366, United States vs. Rhodes (Clr-
tates. That Its mampurpose was t o eqtab-
publicdlstrustwassectlonaland mo- t h e cltlzenshlp of the negro can admit c1u i t Court, in Kentucky), quoted from
narchical one State could not trust the D d o n p The ‘sub~ectt o Its XLent’s ‘Commentaries,’ ‘Citlzens,’
IctlonwasIntended t o exclude Its dser our constltutlonal laws, means free
other States, and the distrustful part of r eration children of mmlsters, consuls,
societycouldnottrustanythlngthat or of I 1lhabitants born within the
United
even looked like the a b p e d mo- States or naturalized under the laws of
narchy.Theframers of theConstitu- In the case decided by Judge Llppin- !ongress,” and said:
tiontreatedthecaseheroically,and o t t I t washeld that manbornin find no warrant Io1 the opmlon that
intime conlpelled the people of the lrooklyn, but whose father was an t l31s great Imnclple of thecommon law
e.ver been changed in the Unlted Slates. I t
UnIted States, no matter how far apart aturallzed Englishman, was not a clti- h as always obtalned here wlth t h e same
they mlght chance to h e , to trust each en of this country, and could n o t hold a nd sublect only t o the same exceptions,
51nce as before the Revolutlon.”
other. TheseSouthernand
Western he office of councilman Knowing that
constitutlonswhich Gov. Russell he case would be appealed to a higher Secretary &farcy, writmg instructlons
demnsareoverwhelmingevidences of ourt,asithasbeen,theJudgedis- iln 1854, said. ( ‘I have to observe that it
dlstrust, and of a distrust which is of qissed this point as follows (we quote fi 3 presumed that, accordmg to the com-
themostdangerouskmdTheyshow rorn a manuscript copy of the unpub- IOU law, any person born in the United
thatsoclety In thoseStates does not ished declsion) : EItates, unless he be born in one of the
trust Itself the
selectlon of its “Enon this subject, wlthout further f’oreign legations thereln, may be cons1-
own leglslatlverepresentatives,that I adopt t h o v1ew6 stated ~n the d!ered a citlzen thereof untll he formally
society,thoughit does not say to Law for September-October,
884. volume 18, page 831, t~ponthls subject, r enounces his citlzenshlp.”
king, ‘‘ Come and rule over us,” does say also those of Just,lce eray dellverlng Secretary F1s11,ln instructlons written
t o a convention, “ Come and take care he opinion of theSupreme Court of t h e 1 1873, said “ So far as concerns our
Jmted States in the case of 1’s. Wllklns,
of us; we have weakened, we have not 12 U. 6 ,page Cbwn local law, a child born I n the Unit-
the power of self-government which e d States to a British subject 1s a clti-
fathershad; we belong tothe servile The article in the Law .;en of the United States
7 ” In a letter
races, and
are
Incapable of taking Gew wa9 written by George D Collins )f lnstructlone to Gushing, In 1677,
C
care of ourselves.” It is notunlikely )f California, and
an
is
argument
‘ Elecretary Flsh said. “ The mmor chlld
t h a t some future hlstorlan,after ~gainet the citizenship of the son OF a
a )f Spanlard
a born the
United
carefulstudy of AmerlcanStates and 3hinamanborninthiscountry. 3tates, and while in the United States.
StatecommunltlesandStateconstitu lenies without discussion the authority
i acitizen of theUnitedStates ”

tions, w11l ph~losoph~cally formulateat )f the common-law rule 1n such cases

3ecretaryBlainerecogn~zedthesame
a law of pohtlcal sclence, “The tnd
longel up his opinion as follows:
7new i n a letter 1881, inwhichhe
a constltutlon,theweakerthe people therefore not zpso confer Elaid. “ The chlld born to an ahen in the
xtizenship, andIt 1s essentla’.I n order that
and the more corrupt the community” lerson he a natlve natural-bnm cltlzen 01 E 1JnitedStates loses on
;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
hereof.” l 1;o hisparents’alleglance ” Thesame
THElanguage of thefirstsentence 0:
dea 1s presented in a letter by Secretary
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
ral Constitutlon indicates that a persor thls country to
was delivered in 1884 by Justice Gray I foreignfather,whentaken by his
born In this country of Iorelgn parent! action being one brought by an In 1Father abroad,
is a cltlzen The Staats-Zeitung ha) &an against a reglstrar in Omaha fo acquires the
father’s
lately called attentlon to the construc domicile and nationahty ”
refusing to register him as a voter, anc1 Two years later Secretary Frellnghuy-
tion mcldentally placed upon this par! -s devoted almost entirely to a dlscus- ;en had revised hls oplnion on thls ques-
of the anlendment the United Statea E
;ion of the polltlcal status of Indians
SupremeCourt In thedecislonin the IF the words “sub~ect to the jurlsdic. t,Ion, and in a letter to Ifmister Kasson
New Orleans slaughter-house cases, and ’ inthecase of LudwigHausdlnghe
;ion thereof ” the court says. lays “Notbeingnaturahzed by force
to a declslon of Judge Llpplncott, de evldent meaning of these last ; <)f the statute, Hausdlng could only as-
livered In acasebeforetheHudsor s, not, mere’y subjwt In some respect or de.
County Clrcult Court in New Jersey Cree t o the jurlsd1ctIon of the Unlted States E;ert cltlzenshlp on the ground of birth
3 u t completely subject t o thew political j u r l s- 1.n theUnitedStates,butthlsclam
The United States Supreme Court ir ilctlon, and owlng them dlrect and ln~med~ Kould, If presented,beuntenable,for
its opmlon in the slaughter-house cases x t e alleglance. And relate to thc
delivered In December, 1872,says: “Thc hme of blrth in t h e one case. as they tc3 1oy section 1922, R S , I t is made a con-
the t l m e of naturabzatton in Ihe other. h t i o n of citlzenshlp by birth that the
firstsection of thefourteentharticll $ o m n o t thus subprt to the junsdlctlon n
the United States at the time blrth cannq
i c person benotsubjecttoanyfore~gn
openswlth adefinltlonotcitlzenship-no of t 1
become so afterwards except by natu - 1power.” Thesectlon of thestatutes
only cltizenshlp of the United States, bu rallzed. elther indlvldually. as by proceedlug
Iquoted dlffers from the provlsion of the
citlz-nshlp of the States No such de6 under the natural~zatlonacts, OT collective y
nltlon was previously found In t h e Con as by the force nf a treaty by whlch forelgln fourteenth amendment only phrase-
territory IS acqulred.” ,ology I n 1885 SecretaryBzyardde-
stitutlon,norhadanyattempt bee]
made to define it by act of Congress The opinions above cited present wha t cided that’the son of a German subject,
The opinion then quotes the first claus has been said judicially agalnst the righ t born in Ohlo, was not a citizen under
of the first sectlon of the fourteenth ai of the Eon of a foreigner born in thi E the statute or the Constitution, because
ticle, as follows. “All persons born o country to be considered a citizen here “he was on his bmth ‘subject to a for-
naturallzedin theUnlted States. andsuk I t is a complete reversal of the opinio: eign power,’and‘notsubJecttothe
ject to the Jurlsdlction thereof, are cit’ on thiB question which was held by ou r jurisdlction of the United States ”
zens of theunlted States, andof the Stathighest authorities before the ratifics the Unlted States Supreme Court
wherein they reside,” and goes on to saj tion of the fourteenth amendment, an a itselfdoes notacceptthe expression
the bearingof the amendment, asso COT used intheslaughter-housecasesas
‘ / The firat observation we have tp
nn thla In the case of bfinor
~-
’3, 18941
____
The Nation. ““”
135
~~ ~

vs Happersett, decided in 1874. twc that Great Brltain is increasingly inca liament has been so productive of great
years after the decmon in the slaughter-pable of leglslatlng for Ireland Nationa measures for thepeopleof Great Brltam.
house cases, it held ; “ Some authoritiee peculiarities,asbetweenthetwopeo They have gamed much, andthey
go further and lnclude as citlzens chil. plea, are becoming less marked, but thc would have gamed nothmg without
dren born wlthin the Jurlsdictlon. wlth. instltutlons of thetwocountries arc thesteadysupport of theIrlsh vote.
outreference to
thecitizenshlp of growing more complicated and diverse TheGovernment cameInto
power
their parents As to this class therehave Ireland’s desire for home rule 18 not : to settle an Irlsh grievance, yet so far
been doubtsForthepurposes of this fire of slowly dyingembers; i t is on1 nothrnghas been carriedforIreland.
case it isnotnecessaryto solve these bemg constantly fed with fresh fuel il W ~ l Great
l Brltam at the next election,
doubts ” the shape of newly evolved wants an( in full appreciatlon of the services ren-
In the case of Look Tin Sing, Circuit wishes which the Imperlal Parliamen dered by Lelandand of thenecessity
Court of Cahfornia,decldedin 1884, hasnottime,knowledge,orcapacit; for a settlement, rally to the Irish cause?
Justice Field, wrltmg the opmion, held t o meet. There is no better case in pom Or w111 she, havmg securedso much for
thataChmamanwhoseparents were than the land question Parliament ha1 herself, forget those to she is EO
andalwayshave been subjects of the spent session after session the attemp, largely Indebted, and fall back Into one
Emperor of China, but who himself was to settle I t , and now the parliamtntarJ of those lethargies regartlmgreform
born in Cahfornia, was “ not within any committeeslttingforthepast threc which have In England so often follow-
of the classes of persuns excepted from months reveals that the work must be ed periods of radlcal actLvvlty?
citizenshlp [by the first section of the reconsidered The public supineness as to the rejec-
fourteenth amendment], and the juris- Representatlves of Irish feeling have tion of thehome-rulemeasurebythe
diction of the United States over him at always contended that, long a! Lords, contrasted wlth the general
the tlme of hls birth was excluslvq of theadm~nistration of thelawis no1 dlgnatlon when the Employers’ Liab1llty
t h a t of anyothercountry ” Hethus dominated by publlcopinioninIre bill
wasmutilated, 1s ominous. It
defined hls vlew of the words “ subject land as it is In England and Scotland would be dlfferent If Irlsh were lmked
to the jurlsdictlon thereof ”. the efforts of Parl~ament to satlsfy Ire. with English reform, If Englishmen felt
“ They alone are subJect to the Jurlsdlctlon land must fall This contention 1s sup f o r t h e i n h a b ~ t a n t sof Meath and Mayo
of the Unlted States who are withln their do- ported by the evidence lald before thc as they feel for thoseof Lancashlre and
minions and under th9 proLectmn of their laws, abovecommlttee.Theworkmg of tht Suffolk, if, In short, public opmlon and
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 publlc sentiment extendedacrossthe
only those thns subJect by khelr blr or natu- h s h Sea.Butthisisnotthe case.
ralizatlon are wlthiu Lhe terms of the amend- of Parhament, have been in the handt
ment. . . . The language used hasalso a of men out of sympathy with the peo So long as the Lords have the astuteness
more extended purpose I t was designed t o ple of Ireland, cut off from the influenct to pass with llttle material change mea-
except h l r n cltlzenh~ppersons whn, though
or nazurallzed in the UnltedStates, hare of theiropinlon.ignorant of them m r e e m p o r t a n tto Great Brltaln, it ie t o
reuounced alleglance our government plrationsand needs. Irishadministra, be feared they will be allowed to muti-
and thus dissolved their pol~t~cal connectlons tors rely for their advancement and late or reject bllls relating to Ireland.
wlth the country.”
cess life on English feeling and the Moreover, muchthathasoccurred of
The question may, therefore, be con- splrit of t h e and Scotsman. The in. lateyears a t home andabroad has
sideredto be stillawaltmgadefinlte qulries of this committee have broughl tended discourage
to former hopes
declslon of the highest court out an almost grotesque perversionof thc astoradicalchanges.Italyhas been
apparently plain wording of acts paseed disappomtment
a ; so has the slow
wlthm the last fifteen yeara, and of the progress of orderlylibertyinSouth
utterances of the statesmen who passed AmericaAddtheriseandspread of
THEREis some fear, as there have been them, and have revealed on the part oi Anarchy,theprevalence of lmposslble
some predictions, that the throwinga u t Irlsh officials analmostChinesesub. labordemandsand of laborriots In
by the Lords of the Evicted Tenants bill tlety of intellect in applying them when Irelandthisperpetualunsettlement
willleadto a fiercerecrudescence of posslble In favor of landlords and against mostdisastrous. I t retards or prevents
agrar~an agitation this wmter. It is t o tenantsTheevidenceandproceeding€ minor reforms; it too often, local af-
be consldered, however, that the “ agl- of thiscommlttee, published day by fams, aids unworthy persons and mte-
table”elements, so tospeak, of Irish day In theIrishpapers,havestrongly rests keepmgtheir hold upon the
society have, by emigration and other- impressedIrishpublicopmion, while public conscience and the public purse
wise, been ser~ously reduced wlthln inEngland,amongthose who will be simpleverbaladhesiontopopular
the past ten years, that the statutable the final arbltrators,scarcely no- princlples.
reductions in rents have done much to t u x is taken of the proLeedings, upon Theevents of thepastfewmonths
quiet thousands, and that the successof proper e s t ~ m a t ~ oofh which the welfare force certainconsiderationsespecially
t h eC o n g e s t e dD ~ s t r ~ c t s Board would of thenlajorlty of Irlshmen depends. upon theattentlon. One 18 thefallure
render I t verydifficulttoarousethe Many a cricket match m London, many 3f the Llberal Unionlsts to Justify them
west as formerly. Theinfluence of the a race between the Vagzlant and Bmtan- exmtenceas a partydetermlnedlyset
schooling of the last few years in con- has attracted more attention than sgamsthomerule,butstrenuousfor
stltutionalmethods.too,mustnot be all thedoings of thecommltteefrom radical reforms the government and
overlooked Inshort,onemayfairly 6rst to last. sdminlstratlon of Ireland. There is no-
conclude that the last desperateweapon The Llberals who espoused the cause thing now to dlstlnguish them m this
of dlsturbance and outrage is no longer D f home rule have proved true, but in respect from the bluest of blue Tones, the
available what dlrectlon behind them is British nost orangeof Orangemen Courtney
At the same time it cannot be denied Dpinion tendmg? Is further proof be and Mr Russell are perhapsexceptions-
t h atth e positlon of the home-rule afforded that when Ireland quiet her ;he in genuine sympathy wlth Irlsh-
movement is exceedingly grave To demands arenotdeemedworthy of nen in their materlal concerns, the other
mostthoughtfulEngllsh-speakingob- sttention;or 1s Enghshopmlon,after tfriend of Ulster tenants the other
servers outslde the United Klngdom It its deliberate but welghty fashion, re- nand, it was hoped t h a t Mr Gladstone’s
is apparent that the Imperial Parhament, 3olving that the home-rule measure for- :etlrement would make httle change re-
a t present constituted, cannot do its mulated and passed through the House garding the progress of the Irlsh ques-
allotted work The claimsof Ireland must ,f Commonsmust,spite of the oppo- ;ion in Parliament Concerning that
be some way satlsfied. The maJor1t.y $ition of the Lords, become law? It is tnd all others, it has made an immense
of Irishmen see more and more clearly iifficult to say. Perhaps no other %Iteration. The great debates continue,
136 ~.
The Nation, - .. - -
[Vol. 59, No.
.~
I52 1
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b u t in a different, more material at- subJect of contemplatlon than that whlch 1 sufficient leason“Aman may be :L
should descrlbe follows There are, may
mosphere upon earth 450,000,000 profewng heretic~nthetruth,”hesays the
~
~,
~~ ~~

~.
tian@ There no longer one fold under one ‘ Areopagltica’. * ‘ and i f he
belleve
shepherd and themajority of
~~

things only beoatlsr his EO.

h i& THK (;*< tla116 [ take 16 to be, though the
mlrtorlty 16 large 16 content wlth 01 the et.sembly so tleternllnea. withoul
I JP’ If Eh!htS
shepherd heaven, with the other knowmg other reason, though hisbelief
incurableoptinusnlwhlch 18 one provlslons He made earth flock
1s brokenup Into scores, I t may be be true, yet the very truth he holds be-
of the essential qualities going to make dreds, of sectlons. Them sectlons are not comes h18 heresy ” It isfromheresy
Gladstone an ideal democrattc lead- a t reace, but at . . . 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 -
all thls segregatmn, end not only
er, was never given more strlklng dls- slon 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- ~~

cle on “ Heresy and Schlsm ” S u b j e c t tttled t o speak them, t o the questlon what
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 THE BRYANT CENTENNIAL.
c l ~ a r a c t e r i s t l c sof111s If he cannot say t,lons so sllght that we may justly set then) PITTSFIELD, August 17,1894.
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
least he can that he ltkes a shovel-hat, rentral truth of theGospel he9
In the approprlate fashion the centennirrl of w11-
Trlnlty and the Incarnatlon, in God t h a t
and theological speculatlon and ecclesi- made us, and tne Sav~our that redeemed us. ham Cullen Bryant‘s blrtb tlme to
astical contropersy have had a smgular When I conslder what human nature and tlme during past twenty years we have
fascination for
hlm ever smce hls man hlstory have been, how feeble is t h e 2elebrated the cenlennial o€ events Important
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-fiveyears head In amazement e a1
mlracle, marvellous concurrence evolved to Washmgton’s maugurat1on. whereas
ago. A certalnmentalflavorandme-
from the very heart of dlscord.” the exercises at Cummlngton commemorated
thodnotunlikethose of a soholastlc earllest American poet, and, In so domg,
theologian hkewise appear here and Such optimism in such a man seems they celebrated the birth of Amerlcan poetry.
there in thearticleBagehotlongago to UE almostunexampled. It IE an optim- Bryant’s prlority IS lndlsputable, for hewas
smgledoutthlsqualityinhimBut ism, however, which n otta k e born November 3, 1794, and wrote
what ln~presses one above all else in thlscloseenoughobservatlon of t h e f a c t s topsls” In October, 1811 Of the poets
latest wrltmg of Gladstone’s is, the upon which it works Narrowly scrutl- belonged t o bls geoeratlon, and constitute
obstinatehopefulnesswithwhichhe nlzed. t h e “ marvellous concurrence ” what IS already commg to be regarded the
observingly distils out the soul of good- w h m h Gladstone esteems so en- -1assic group, Emerson was bornin 1603,
Longfellow and U‘blttler 1807. Holmes and
ness in things evil couraging,wouldnotprove of a eort
Poe m 1809, and Lowell and Whltman 1819.
He himself 15 H i g h C h u r c h m a n of to delight one who holds the doctrines Older thanBryant 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
tlon solemnly constituted ” and vested tionalizing translation thehistoric “ Thanstopsls ” At any rate, these three

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
cordingly all who “rebel” agalnst that modernthought, of therefiningand 30, too, FItL-GreeneHalleck, born 1790, and
jurlsdiotiondothereby“frustrate, so transcendentalizlng tendency whlchw111 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 re-
3ther 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
upona disrupted C‘hlistendom,would trmeswhlch Gladstonementlons value hterature-as Holmes wit-and
consider the caseof those men and sects are actually held among theleading Pro- 50 ,we can no more rank Halleck among the
t h a th a v er e n t piecestheseamless testant sects would dare to say that theygreat American poets of the century than we
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 Bayly among thegreat
such gloon~y views and lamentations as tolic age or the Nicene Creed. Even English poets
we are, fact, accustomed to receive as these dogmas are held at the present Bryant’s prlortty tune 1s therefore a* un-
from High Church quarters The prtn- questionable as the excellence of
day, 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
wlllnolonger “ h e a rt h eC h u r c h ” 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 critl-
They 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
andare
following wandering stars, rldge-that they “ find” men, that is, language peculiar velu,. a mlnuteand
w h l c h wlll lnfallibly lead them Into the Inspireandcomfort this of lovmg descrlptlon of nature--“axed,
blackness of darkness Thls is w h a t itself is EO wlde a departure t h e painters would say, a spray of moralmng-
anyman 111 Gladstone’s position, dlvlnely con~mlssloned Church with its exhibited from the start. After “Thana-
without unquenchableoptmnsm, solemnJurisdictionthat any concur- topsis,” ‘< Waterfowl,” ‘‘ Yellow
would have told 11s heserenely 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 stout- Naturally thebleESingS of heresy would racterlstic which cannot be traced to asmilar
estHlghChurchmanmaysee In t h e beverydifferentlydescribedfrom R mspiratlon. He found his vocation m
spread and powerof heresy moresecularstandpoint.Probably Ja- and 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 heprn-
steps by which he thlnks it necessary themodernspirltwhen that duced was deep and uniform, and, we may be-
to justify hlmself In E O m u c h a s t a k m g * ‘withoutcriticism and investlgation lleve, permanent Nature became through
this point of view, I t 18 enough to say theworld would beone
universal his lnterpretatlon moral, as through
that the main benefit he modern C h i n a ” Heresy able to maintain itself son‘s she became spiritual, and through She&
schlsm 13 its testimony to the power of for a century or two insures free inquiry emotlonal. A moralized nature cannot
cease interest and upliftmankind.
whathecalls“undenominational re- That has come to be the principal thlng
Reflections such as these doubtless IU
ligion ” What he means he sets withmodernman,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. claredallbelief.true or false, to be That vlllage lies northwestern
I do not know on earth a more blessed heresy, provided a held it w i t h o u t setts, among the hills of Hampshire