uthority of these great names, the weight of these continuous
reassertions of principle, the sanction even of the precedent and
general practice through a century. And yet I venture to think that no
candid and competent man can thoroughly investigate the subject, in the
light of the actual provisions of the Constitution, the avowed purpose
of its framers, their own practice and the practice of their
successors, without being absolutely convinced that this whole fabric
of opposition on constitutional grounds is as flimsy as a cobweb. This
country of our love and pride is no malformed, congenital cripple of a
nation, incapable of undertaking duties that have been found within the
powers of every other nation that ever existed since governments among
civilized men began. Neither by chains forged in the Constitution nor
by chains of precedent, neither by the dead hand we all revere, that of
the Father of his Country, nor under the most authoritative exponents
of our organic act and of our history, are we so bound that we cannot
undertake any duty that devolves or exercise any power which the
emergency demands. Our Constitution has entrapped us in no impasse,
where retreat is disgrace and advance is impossible. The duty which the
hand of Providence, rather than any purpose of man, has laid upon us,
is within our constitutional powers. Let me invoke your patience for a
rather minute and perhaps wearisome detail of the proof.
The notion that the United States is an inferior sort of nation,
constitutionally without power for such public duties as other nations
habitually assume, may perhaps be dismissed with a single citation from
the Supreme Court. Said Mr. Justice Bradley, in the Legal Tender Cases:
"As a government it [the United States] was invested with all the
attributes of sovereignty.... It seems to be a self-evident proposition
that it is invested with all those inherent and implied powers which,
at the time of adopting the Constitution, were generally considered to
belong to every government as such, and as being essential to the
exercise of its functions" (12 Wall. 554).
Every one recalls this constitutional provision: "The Congress shall
have power to dispose of and make all needful rules and regulations
respecting the territory or other property of the United States." That
grant is absolute, and the only qualification is the one to be drawn
from the general spirit of the Government the Constitution was framed
to
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