that are expressly given by the written words of the Constitution; second (and by far the greater number), those not expressly given in the written words of the Constitution, but reasonably implied from them; third, powers neither expressly implied nor clearly deducible from them and yet upheld by the court as implied powers; and, fourth, powers beyond all of these, the necessity and wisdom of which are so evident that nobody objects. I have already given examples of this last class of powers. There are many others.

Where, for example, is there power in the Constitution for the purchase of Alaska? There was no constitutional power for the reconstruction of the seceding states. An example of inherent rights is the right of the citizen to go wherever he likes throughout the Republic, which the Supreme Court in Crandall vs. Nevada declares to be an inherent right which the Constitution does not give and which it is not necessary for the Constitution to give. A volume might be written consisting of nothing but statutes and instances of the exercise by the National Government of national powers which are inherent.

The recognition of these powers does not destroy or impair the Constitution. Such recognition vitalizes it. When Marshall announced the doctrine of implied powers the literalists of that day declared that he had overthrown the Constitution. It is a fact that Chief Justice Marshall was denounced as a "monarchist " because of his judicial opinions which all men now concede to be the foundation of sane constitutional inspiration. But now, after a hundred years, we see that the Constitution could not possibly have lived except for this principle, which, when it was announced, was declared to be fatal to that

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was

instrument. Perhaps no constructive statesman more malignantly abused than was John Marshall for announcing the very principles which have been the salvation of the Republic. The same has been true to a diminishing extent of every judge or statesman who has recognized the expanding powers of the people's government. All of them, at one time or another, have been called the destroyers of the Constitution," when in fact events have demonstrated them to be its preservers.

Of course no one will be so unfair as to assert that this recognition of the plain facts of our legislation — recognition of powers implied as well as expressed and of powers that are extra-constitutional is a recognition that Congress, under any circumstances, may violate any of the expressed provisions of the Constitution. The Constitution points out the general methods of governmental procedure; they must be followed to the letter. For example, the Constitution directs how laws shall be enacted, signed, vetoed and the like; laws can be enacted in no other manner than that. The Constitution enumerates fundamental prohibitions; they must be observed to the smallest punctuation point. The Constitution declares that no title of nobility shall be granted, no bill of attainder shall be passed, and all legislation of attaint or conferring titles of nobility which Congress could pass in a hundred years would be merely waste paper. But where an act of the legislative or executive department of the Government is not prohibited by the Constitution, it may be exercised if expressly granted by that instrument; or if deducible from its written words; or if it is the exercise of a power which is an essential part of the thing called government.

Whether you agree to this or not, all must concede that, as a matter of fact, both Congress and the Executive are almost daily exercising powers not mentioned in the Constitution. And it is certain that the only two theories upon which this exercise of power may be justified are either, first, that these powers are inherent in sovereignty, or else, second, that they are powers reserved to the people and exercised by the people through their agents.

Let no one be apprehensive that the recognition of these powers will endanger the liberties of the people. It was the people themselves who established the Government. It has been the people themselves who have preserved it. It is the people themselves who must and will make the Republic ever grander, nobler and more beneficent. No people on earth, no people of history so great, so powerful, so moral, so high-purposed as the American people! Their past has been glorious, their present is propitious, their future is almost sublime.

But the future of the American people is heavy with difficulties; so is all opportunity for great and splendid work. Increasing population; the knitting together by railway, telegraph and telephone of places most remote until the Republic is a single and consolidated community; the combination of capital and labor, which this development makes necessary; the shrinking of the very globe itself by these same agencies, until nations are neighbors and alien peoples are at elbow touch; the new problems and novel responsibilities which all this brings; the still undreamed-of emergencies of a yet undreamed-of future

all these will demand of the American people all their resourcefulness, purity and power.

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And the American people will solve and overcome them all if their hands are not fettered. The hands of the American people were not fettered, but armed with strength, when the Constitution was adopted. That free hand was not paralyzed, but connected with the mind and heart of the Nation, when Marshall established the doctrine of implied powers. So is our Constitution a source of life and power the spirit and soul of a mighty people's progress. And so God defend and God preserve the American Constitution - a living spirit and not a dead and fading parchment!

FOREFATHERS' DAY

Response to a toast on the occasion of the twelfth annual celebration of the New England Society at St. Louis, December 21, 1896.

Mr. Toastmaster, Ladies and Gentlemen:

"FORE

'OREFATHERS' DAY" is the birthday of modern citizenship. We observe it because we need reconsecration to its ideals. No event deserves celebration unless the world still needs the principles which gave that event its meaning. We have no "Columbus Day," because the Santa Maria carried no principle necessary to our national welfare now; no "Cavaliers' Day," because from Jamestown shines no light for our pathway as the century's evening darkens into night. But " Forefathers' Day" will dawn as long as the Republic lives, because the Puritan principle is to the Republic the very breath of life.

Puritanism is only another name for citizenship. The Puritan is the foremost citizen of history. He was inspired to build free institutions - to tear down rotten. forms of civil abuses. He had the instinct of government; his revolutions were more orderly than the conditions he attacked. Men have believed that he set sail into the inky horizon because of the fanatical fierceness of his desire for freedom of faith. I choose to believe that our forefathers obeyed a divine impulse to found the everlasting commonwealth of liberty.

Freedom of faith they had in Holland; but they