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Government over subjects who are not the Constitution ought to be, but what citizens, and territories which are not part historically it has been; and for every of the United States but belong to it, are statement in these paragraphs authoritapractically unlimited, its powers are tive decisions of the Supreme Court or limited over the States and organized `authoritative action of the people can be Territories and over citizens resident cited. therein. But in determining what these

V. The Federal Government possesses limitations are, the Constitution is not to such powers as are not only by express be interpreted as a body of rules or a terms, but also such as are by necessary codification of statutes, but as a state- implications, conferred upon it. What ment of general principles. The fathers powers are conferred by necessary implicould not foresee and provide for all the cation has been matter of frequent exigencies which might arise in the life debate. Eminent lawyers, eminent juof the Nation, and they did not attempt rists, have often been found divided in to do so. They attempted only to pro- opinion upon this question. Yet we think vide certain fundamental principles in it clear that a study of the course of accordance with which future generations Federal jurisprudence will show that were themselves to solve the national under this principle of necessary impliproblems as from time to time they cation very extensive powers have been should arise. Thus, the fathers did not exercised by the Federal Government and and could not foresee the time when the either tacitly approved or expressly sanccountry would be covered with a network tioned. Thus the Constitution nowhere of railways extending from ocean to gives the courts power to declare unconocean and from the Lakes to the Gulf ; . stitutional and so set aside a law enacted but they provided in general terms that by Congress and approved by the Presiall commerce between the States and dent; but ever since the case of Marbury with foreign nations should be subject vs. Madison in 1803 this has been habitto regulation by the Federal Government; ually done; and this exercise of power and in accordance with that principle not expressly conferred but only necesthe Federal Government is now extend- sarily implied, though received with an ing over the railways the regulatory outburst of indignation at the time by power which it formerly extended over the Jefferson party, has for over a cencoastwise shipping. So again the fathers tury been universally acquiesced in. This never foresaw that the time would arise power of the Supreme Court, derived, not when a State would claim the right to from express terms, but by necessary secede from the Union, and they made implication only, was strikingly illustrated no provision for such an exigency. But a few years ago when its decision, first they foresaw that disorder might arise that the income tax was constitutional and republican stability might be threat- and then on a rehearing of the same case ened in individual States, and they pro- that it was unconstitutional, was univided that the United States should versally accepted and acted upon by the guarantee to every State in this Union a entire people of the country. A not less republican form of government, and striking illustration, though less dramatic, might call forth the militia to execute the of the implied powers of the Federal Govlaws of the Union, suppress insurrections, ernment is afforded by the protective and repel invasions, and under these tariff. The Constitution confers general provisions the United States Congress no express power to promote fought insurrection against the United special industries; but the general power States and compelled the seceding States to tax imports has, with few dissidents, to return to the Union. Doubtless some come to be regarded as conferring implied of our readers still think, as in 1860 power to levy taxes for the purpose of many citizens of the United States promoting manufactures. thought, that the Federal Government The reader who has on hand a file of has no authority under the Constitution The Outlook will find in Vol. 77, 1904, to coerce a State. But we are here pp. 336 and 446, Vol. 83, 1906, pp. stating, not what the construction of 478-481, and Vol. 85, 1906, pp. 595-6,


to go no further back, 'decisions of tion from Harvard, his greatest academic the Supreme Court referred to, illus- distinction-highest final honors—in the trating and sustaining the general prin- theory and composition of music. ciples laid down in this editorial. Those As his text Mr. Wister took the fact, deprinciples may be summed up as follows: rived from the report of the Secretary of The United States is a Nation, with Agriculture, that America not only supall the powers of National sovereignty plies itself with foodstuffs, but supplies not expressly denied to it by the Con- the rest of the world with foodstuffs to the stitution ; these powers over territory enormous total value, for the last year, not a part of the United States, and of four hundred and forty-four millions over persons not citizens of the United of dollars. Then he asked, What is our States, are practically unlimited ; over balance of trade in the native harvest of States and organized Territories and the intellect? His answer was, “ Minus citizens resident therein the Federal 100 per cent." In other words, “ Who, Government possesses only those powers in short, sits in some American academic which are expressly conferred or neces chair, to whose feet the students of the sarily implied ; as new territory is added whole world come as to the supreme to and incorporated in the Union, the authority in his chosen subject?" Taking powers granted to the Federal Govern- up one subject after another, he searched ment are extended over such territory; the world for authorities. Although Mr. and in an analogous manner, as new Wister's list is not final, it is perhaps conditions arise in the Union, these more profitable to make such a list than powers are extended over the

to make one of an All-America Football conditions ; finally, in determining what Team. In physics he found the late Lord powers are implied, the courts and the Kelvin ; in botany, De Vries; zoology, people of the United States are inclined Haeckel; psychology, Wundt ; philosoto a liberal rather than to a strict con phy, Windelband or Cohen; Semitic struction ; that is, to an extension rather philology, Noeldeke; classic philology, than to a limitation of Federal powers. Wilamowitz-Moellendorf; Egyptology, We believe that our readers


readers can Maspero; Assyriology, Delitzsch; Rodepend upon this as a fairly accurate mance languages, Tobler or Schuchardt'; statement of the interpretation of the archæology, the late Adolf Furtwaengler; Constitution of the United States as it mathematics, Poincaré; Sanscrit, Pichel is established by a century of judicial or Oldenburg ; pathology, Metchnikoff ; decisions and National action.

economics, Brentano and Schmoller; astronomy, Struve; geology, Geikie. All these are Europeans. Then Mr. Wister

American Inferiority mentioned three Americans: in Sanscrit

, in Scholarship

Bloomfield, of Johns Hopkins; in chemistry, Richards, of Harvard, who ranks

in Europe almost with Ramsay, von Every year in Sanders Theater at Har- Baeyer, and Fischer; in physics, Michael- 1. vard is held a meeting for the Award of son, of Chicago. Of these Mr. Wister Academic Distinctions. As there are

says: no athletic honors distributed, no social We can study under three Americans, and prizes announced, but only distinctions the rest of the world will tell us that we for achievements in scholarship awarded, could have found only three or four other it has not been necessary to provide an

teachers who were, perhaps, more universally

accepted as masters in their line. To put it elaborate system for keeping tickets of

more shortly, no American university, posadmission out of the hands of specula sesses one single teacher of undisputed pretors. The meeting for the present uni

eminence. versity year took place a week before This fact, he says, ought not to be a wet Christmas. On that occasion the ad- blanket, but a challenge to our patriotdress was delivered by Mr. Owen Wister ism. It is worth noting in passing that this Of course this does not end the American novelist received, on gradua- list of American scholars. Mr. Wister

names many. As “masters in their Schofields are winning further laurels chosen fields ... each in a class by for this place; they continue the shelf himself," Mr. Wister names Henry C. where other books stand, by Goodwin, Lea, Horace Howard Furness, S. Weir by Norton, by James, by Royce, by Mitchell, Wolcott Gibbs, Charles Eliot Perry. But these commissioned officers Norton. To these names he adds a of your army can do nothing unless larger and an honorable group: E. F. backed by the enlisted men.” Smith, Chandler, John B. Clark, Had- Mr. Wister has not covered the whole ley, Sumner, Lounsbury, Osborn, Young, subject of intellectual life in this counNewcomb, Wilson, McMaster, Rhodes, try, but he has struck a strong note Flexner, Welch, Loeb, T. C. Chamber- at an opportune moment; for never, lain, E. H. Moore, Haupt, Remsen, probably, in the history of American colGildersleeve, and, to cap all, this roll leges have there been so many expresof Harvard men, Goodwin, James, Pick- sions of discouragement from college ering, William Davis, Kittredge, Lanman, teachers touching the lack of enthusiasm Gross, Toy, and G. F. Moore. In spite for scholarship and of respect for intelof this list, and in spite of our supremacy lectual ability among undergraduates. in applied science, however, “in the There has come about a curious disarsymposium of the purest and highest rangement of values among college men, scholarship, our chair would be vacant, so that the qualities in a student which our voice silent."

make him a man of distinction and give American brains, he believes, can fill him intellectual eminence and influence not only our wastes of earth with crops in after life almost entirely fail to give of grain but also our wastes of scholar- him rank among his fellows. There is a ship with high authorities. This, how- great deal of thorough work done in our ever, the Government cannot do; “from colleges, but there is probably far less ourselves we must generate the force to general intellectual enthusiasm, passion put behind the scholar.” We must give for general culture, intellectual aspirahim other


than bare subsistence and tion, than a generation ago. There is an loneliness. We are beginning to do this. element of truth in the probably fabuMr. Wister honors Mr. Pinchot for his lous answer of a Yale undergraduate activities on behalf of forestry, and Mr. to the question, “ Who are the first men Carnegie for his generosity to learning. in the University?" "The captain of Yet he hints of something more needed. the football team, the captain of the

His hint is illustrated in this para- baseball team, the captain of the crew, graph:

and Dr. Hadley." When I was in college, I obeyed the in- The usurpation of the undergraduate stinct to flock with my feather. Forgive me mind by athletics to the exclusion of other if I say with regret, now, that those birds interests is not wholly responsible for this we used to call “ grinds" had no attraction

state of affairs. The root of the trouble is for me; doubtless, I was despised by them. It was all a mistake, a natural mistake, to be

to be looked for in the home. Boys are sure, but one to beware of. When I look now sent to American colleges who are back now, I am sorry that fate or intention astoundingly ignorant regarding some did not bring me more into contact with a certain "grind” in my class, whose name

of the greater interests of life. Many of was George Lyman Kittredge. We must

them are as innocent of any knowledge of flock together more if we would get the best literature, the arts, music, or history as results.

if they had come from Central Africa. Mr. Wister's concluding appeal was for Their preparation has been confined exgreater honor and support for the scholar. clusively to the subjects on which they

You do not need to be told,” he said, have to pass examination, and they are “of those who in these years go to Berlin as devoid of intellectual aspiration and and Paris to represent American thought quality as the average professional baseat foreign universities; or of the books— ball player. This is largely due to the about France, and about Shakespeare, absorption of their fathers in business and Chaucer, for instance—with which and to the abdication of both fathers your Bakers and your Wendells and your and mothers of any control or direction of the reading, the interests, and the life. This is the idea of the Church amusements of their children. Mr. Wis- and the conception of missions which is ter's counsel is not one of discourage- taking possession of the imagination of ment, but of stimulus. It ought to be American Christians and rekindling taken to heart by the American under- their enthusiasm. This great conception graduate, and especially by the parents is coming back to them from the missionof the American undergraduate. Great aries themselves, who everywhere are scholars are not created, nor is thorough feeling the breath of a new day, and are scholarship fostered, by present condi- awake to the opening of closed gates, tions.

the universal letting down of bars. In China and Japan especially the opportunities are on a level with those which

One Lord, One Faith the first Christians met, when the Church

set out to be a living army, moving The change of attitude towards mis- aggressively through the world, and not sions in American churches of the Prot- a company of the Faithful comforting estant order is one of the most significant themselves with a truth which they did signs of the times. Not many years ago not feel compelled to share. Many of missions were regarded as a form of the leading missionaries are statesmen church activity, primary in the teaching in their grasp of conditions, their conof Christ, but secondary in the actual ception of the relation of the Church to work of Christians. Missionary activity the world, their view of the function in churches, it is true, was regarded as a and range of missionary work, their register of religious fervor, but there was tactful and far-seeing adaptation of no adequate conception of the place of the Christianity to national needs. They missionary idea or of the function of the are true interpreters of the spirit of Christian Church as a missionary church. Christ and of the fundamental idea of The great commandment of Christ is the Church which he founded. being read to-day with clearer eyes and It is from the mission field that the more trustful hearts, and men are begin- most powerful impulse toward Christian ning to perceive that the Christian Church unity is likely to come. When men are is first and foremost a mission; that it engaged in a common work under the was sent into the world not to preserve same conditions, whatever may be their a body of truth against attack, to main- differences of creed and worship, they tain intact certain forms of worship, to get a true perspective of the relation embody and work out certain orders of of essentials and non-essentials. When ecclesiastical organization. It was not they are facing a common foe, they sink organized as a place of rest, a haven of their differences; when they serve a comrefuge, a fortress in the heart of an mon cause with zeal and devotion, they antagonistic world. All these things it are irresistibly drawn together. This is is and will be, but it is none of these what has happened in China. At a things primarily. It is primarily a mov- conference of missionaries held some ing army whose strength lies in the time ago in Shanghai, in which all Chrisrapidity of its progress, whose safety is tians except Roman Catholics were repto be found in its audacity. It is not a resented, this significant declaration was guardian of a sacred fire upon an altar; adopted : it is a torch-bearer, carrying light and

This Conference unanimously holds the courage and truth in the very forefront Scriptures of the Old and New Testaments of modern progress. In the exact degree as the supreme standard of faith and pracin which it is a torch-bearer, holding aloft tice, and holds firmly the primitive Apostolic the name of faith in fearless hands, is it

faith. Further, while acknowledging the

Apostles' Creed and the Nicene Creed as a living church and not a company of substantially expressing the fundamental men who accept a creed.

doctrines of the Christian faith, the ConferIt is first and foremost a missionary ence does not adopt any creed' as the basis church. Missionary activity is not one

of Church unity, and leaves coniessional

questions to the judgment of the Chinese of its functions; it is the breath of its Church for future consideration ; yet, in view

of our knowledge of each other's doctrinal Brewster, one of the leaders of that symbols, history, work, and character, we

communion. Christians, he said, will gladly recognize ourselves as one body,

never think or worship just alike; unity teaching one way of eternal life, and calling men into one holy fellowship, and as one in is not uniformity. regard to the great body of doctrine of the

Such union is outward and mechanical. Christian faith ; one in our teaching as to the Unity is essential and vital. It is the unity love of God the Father, God the Son, and

in diversity of an organism where the several God the Holy Ghost; in our testimony as to parts are developed each in a freedom which sin and salvation, and our homage to the the more fully ministers to the rich life of divine and holy Redeemer of men; one in the whole. It is a unity living and free, emour call to the purity of the Christian life, bracing distinctions, differences of adminisand in our witness to the splendors of the tration, opinion, and mode of worship, but Christian hope.

all made concordant because taken up into We frankly recognize that we differ as to the large harmony of the whole in the key of methods of administration and Church gov- a common faith and the common life of the ernment. But we unite in holding that these one spirit in one body. The constructive differences do not invalidate the assertion of genius of John Wesley would seem to have our real unity in our common witness to the conceived of the inclusion of great organizaGospel of the grace of God.

tions within the organism of the one body. Equally important and significant was

This to me seems by no means inconceiv.

able. If I hope for some such organic the action of the General Convention of unity, that shall not be dissevered from the the Episcopal Church, recently held in life of the past and yet shall take hold of and Richmond, where, under Bishop Doane's enfold the life of the future, in my mind is leadership, the House of Bishops and the

not the method of some one communion seekHouse of Deputies affirmed the action ing to absorb the rest. I dream rather of the

seeking, by all, of some common basis of of the Conference at Shanghai in this faith and order; the foregoing by all, to that resolution :

end, of things of human ordering and prefer

ence, not insisting, I mean, upon such things Resolved, That the joint session of the for others; a general return, for that comtwo Houses of the General Convention recog- mon standing ground, to the old and well nizes, with gratitude to God and with cordial tried, the great, the simple things of God in acknowledgment of its truly catholic spirit, Christ, that do not dissever, but unite men, the declaration by the Morrison Centenary as at the first, in one Lord, one faith, one Conference of the countless points of unity baptism. and accord among the Christian bodies of every name working in China and other foreign lands and drawn together by the power of their common efforts to banish and drive away darkness and error.

The Spectator, to his great regret, was The same spirit is at work in Japan unable to be present at the marriage of and in the Philippines. The preachers Prince Charles of Bourbon to Princess of the Church abroad are facing the Louise of France, but he is at least greatest opportunities since the begin. equally pleased that, in place of his own ning of the Christian era. They are impressions, he is able to offer The drawing together by the irresistible im- Outlook's readers a first-hand account pulsion of a great need and a fresh reve- from the pen of an American whose part lation of what the Church stands for; in the great event was, despite his wishes, and the Church at home is beginning to just a trifle conspicuous. But first see the vision which is dawning on the should be given a brief account of the Church abroad. They are to be one interesting ceremonies extracted from a Church, in spirit, aim, activity ; bound London paper: together in loyalty to a Lord and Master

Evesham, November 15.–At noon to-day who, in an alien and hostile world, de- Prince Charles of Bourbon, son of the Count clared the Fatherhood of God over the and Countess of Caserta, and brother-in-law one great family of which all men are of the King of Spain, is to be married to

Princess Louise of France, youngest daughmembers.

ter of the late Count of Paris, and sister of The answer of the Church at home to the Duke of Orleans, the Queen of Portugal, the Church abroad was nobly made, not

and the Duchess of Guise. ... An enthuonly at Richmond in the highest govern

siastic crowd gathered outside the station

this afternoon to meet the King and Queen ing body of a great and conservative

of Spain. Only fifty people were admitted communion, but at Hartford by Bishop to the platform, and the station gates were

The Spectator

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