read, "and of
the State _or Territory_ in which they reside." For these opinions
high authorities are also cited, including debates in the Senate, acts
of Congress, the constant practice of the Executive, and most of the
judicial rulings of the last half-century that seem to bear upon the
present situation.
[Sidenote: The Outcome not Doubtful.]
It has been thought best, in an explanation to readers in another
country of the perplexity arising in the American mind, in a sudden
emergency, from these disputed points in constitutional powers, to set
forth with impartial fairness and some precision the views on either
side. It is essential to a fair judgment as to the apparent hesitation
since this problem began to develop, that the real basis for the
conflicting opinions should be understood, and that full justice should
be done to the earnest repugnance with which many conscientious
citizens draw back from sending American youth to distant tropical
regions to enforce with an armed hand the submission of an unwilling
people to the absolute rule of the Republic. It should be realized,
too, how far the new departure does unsettle the practice and policy of
a century. The old view that each new Territory is merely another
outlet for surplus population, soon to be taken in as another State in
the Union, must be abandoned. The old assumption that all inhabitants
of territory belonging to the United States are to be regarded as
citizens is gone. The idea that government anywhere must derive its
just powers only from the consent of the governed is unsettled, and
thus, to some, the very foundations of the Republic seem to be shaken.
Three generations, trained in Washington's warnings against foreign
entanglements, find it difficult all at once to realize that advice
adapted to a people of three millions, scattered along the border of a
continent, may need some modifications when applied to a people of
seventy-five millions, occupying the continent, and reaching out for
the commerce of both the oceans that wash its shores.
But whatever may be thought of the weight of the argument, either as to
constitutional power or as to policy, there is little doubt as to the
result. The people who found authority in their fundamental law for
treating paper currency as a legal tender in time of war, in spite of
the constitutional requirement that no State should "make anything but
gold and silver coin a tender in payment of debts," will fi
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