The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
\. / AUDKSS3 OP CHARLBo 6. HAMLIH AT TKB DINTOR OP TBS ALEASY CHAMBER OP C O D E C S AT ALBA1TY, WKDHiSSaCf STHHXHG, JA1.UARY 9, 1907. ’ Hr* Hamlin a^id in puri:Txxt; ia« i wMwiOu you have honored me was received and accepted with deep pleasure# If for no other than personal reasons it weald always b© graiif.yxng to meet uhe citizens of Albany,-a cloy constantly caxlAng to my mind the moat tender ana sacred associations,-a ex»,/ also which represents the very host citizenship of this great empire Stats of hew York. It is also most gratifying to have this opportunity of meeting the Chief Lmccutive of the State, Gov. Hughes, The people of the Old lay State have nsifruiefej&sifx acquired the habit of look" ing through political designations to the man beneath; we see there a strong, vigorous and forceful character, one who looks up on the holding of public office as an obligation imposed for the public good and not for individual or partisan benefit. Y/e be lieve that his rule of action will be the greatest good of the greatest number; that his maxim will oe, in the words of the Latin Poet,f /-i C "Troa Tyriusaps m ihi n u lls dxbcrnnin} a g e t u r # " A which, being fresly,-/ery freely .-translated, means,- "Trojan and Albanian will be treated alike ay me wi'chouc discrimination.n -2 "The Public duties of the Citizeh” is the subject assigned to me for this evening and I shall speak as briefly as I can on the relation of the citizen to the State and to the Nation. The citizen has various duties, just as he has various rights and privileges, but the burden of my theme,-the principal thought running through what X have to say tonight is that wherever there exists a civic right or privilege, there also is a correspond-^ ing duty or obligation* that the former is hut the complement or the supplement of the dattejr that the t ■■to together make a united whole* The citizen owes acoc allegiance to no personal sovereign or ruleri he owe3 the highest allegiance to the Government, State anl National, v/hich his fathers created for him* There is no con flict in this two-fold allegiance; it is recognized ana affirmed in the United States Constitution. The citizen. unto Caesar the things which are Caesar's. i— • ■1 . At different tiraea of our National 3houId render j w m m w , popular attention has been concentrated, even for long periodsof time, upon one of these dual systems of Coverurgent to T,he partial or the almost total eclipse, in the popular interest,at least,of the other. At tne foundation of the Government under the Constitution, the National idea, of necessity, came to the front, for a National Government had been created. The people of the .Sovereign States surrendered with much reluctance a part of their sovereign power. The great builders of the Constitution created a new Nation and under thu interpretation of the great Jurists, toiison, Marshall, Webster and others, its growth has been steady and surf?, While at times the National idea, so-called, has been obscured as^a whole, ' blitv. it^has steadily broadened and developed. f i n a l l y came I t M a ass^in to c o n f l i c t w ith th e extrem e S ta te s r i g h t s i d e a , , and out o f that collision came the Civil War from which the Nation ant al idea emerged triumph^ The so-called Stater; rights doctrine no longer.* as once^marks the line of division between the two great the political parties. In fact, today it serves, ifjpanerailing popular expression can he trusted, hut as a hind of pound tc held in re straint or tc furnish shelter to a few knights errant who have s t a y e d from the ranks of the hosts of triumphant nationalism. A striking example of this growth of the National idea is afforded by the usg of the tens "the United States". In the early yearn of the Nation these words wera always followed by the plural verb; in modern times, however, the words are almost in evitably followed by the singular verb. ?or example, Article Nine of the Treaty of Peace with Great Sritain, concluded in 1814, provided that "The United States of America engaged to put an end •♦"to hostilities#**with all the Indians with whom they m ay be at war* On the other hand, Article five o f the Treaty of Peace be tween the United States and Spain, concluded in December, 1898, provided that:- "The United States will***send back to Spain at its own cost, the Spanish soldiers". This notable change in the usage of the words serves to illustrate well the change in the spirit of the people. \ to be appropriate to pay some attention t \ e rights and duties of the States and of the citizens to their respective States. 4ub hear muon at the present time aa to the need of in creased Federal power, such increase to be accompanied necessarily ^ith a corresponding decrease in po?;er existing, or supposed to exist, in the individual States, Some earnest, public spirited citizens believe that Federal power under the Conctitut.ien lias been exhausted with the enactment of present laws and that a more com prehensive grant of power is needed. Others believe that the power already possessed by the Rational Government is ample for present and future problems and that further exercise of this power is simply a question of national expediency. Others seem to wish State powers co be curtailed in spite of Constitutional limita tions, if any there be. It is ncl my purpose tonight co discuss the scope of the commerce clause of -he Constitution, nor the laws passed to carry out the purposes of that clause, as interpreted by the courts. Let it suffice to say that wherever there exists in fact inter state ocuBLicrcc*, that commerce is subject tc the constitutional con trol of the Federal Government. Furthermore, the principle of regulation of Monopolies, oo often advanced as the justification for Federal control over railroads in interstate commerce should he applied equally co all monopolies granted by the National Go vernment, xo chib enu, in my judgment, the time ought scon to come when, monopolies -n the form of patents granted by the National Government shall contain conditions prescribing reasonable price# for their or use. Nor ia it qy purpose to discuss here tonight the legal proposition whether or not Congress has the present power to de velop along the lines of increasing centralization, apparently so dear to the hearts of many people, The theme I wish to discuss is the advisability ox extending national control to subjects over which i t has no present power, Such centralisation, in my opinion, even if ruao lawful, as ou concrete instances, would not, if ap plied generally, enure lo ^eliarc of the people, hut would in evitably result in x radical, revolutionary changes in our Govern ment , There are many coday who demand Government control ov^r Insurance; others plead, fox* a national divorce law; others clancr to have the National Government taxe over the control of all f o m s of corporate activity ultimately resulting in interstate commerce, even to tne point of controlling produc .ion wii.hin the States, thus interfering with the moat important domestic relations between the States aid tho individual citizens. In short, to many Gstimacls citizens there seems to ha an sternal, hopeless conflict between the National and the State Go vernments which can be abatea only by reducing the States to a condition of subordination scarcely consistent with any sovereign rights. Is such radical centralization necessary for the welfare of the people? Is it necessary to our sal7ation that power should he given to or exercised by the S^aeral Go t ernme rt to lay down uniform rules as to national conduct, controlling even the minutest details of the life of the individual citizen? At the outset, we must recognise that laws which might be highly* advisable for old, settled communities, might prove almost disastrous to young, growing States, liven in the individual states it ie difficult enough to fix any standard v/hich may not "bear severely upon one section at the expense of the other. almost Onfall questions affecting the people as a whole there is the widest diversity of opinion and of individual need among the several States. Yot the fact must be recognized that apparently many would welcome almost an obliteration of State lines creating one State instead of forty-flye. Such a change might indeed he convenient, along the linos of uniformity, hut it would absolutely overthrow the existing form of Government. Let us briefly consider where the application of this specious ruin of uniformity would carry us. We should have to take away from the States the right to fix the qualifications of those who vote for National Repre sentatives and for Presidential electors. The Constitution gives to the people in the States the right to prescribe those qualifi cations and they have exercised it in such manner that the basis of suffrage differs radically. In some States aliens who have declared their intention to become citizens can vote for National Pepresentativea and for Presidential electors; in most of the the States they are excluded froin^suffrage , In some States women can and do vote i, elections for Congress and for Presidential electors; in most States thin obligation has not yet been imposed upon then. We should also have to enact National laws covering all relations of contract between citizens of different States, wiping out all conflicts of law which now give culty. the courts so muck diffi 7 We should have to provide for the service of legal pro cess of any court throughout the United Statpw. We should have tr* frame a rational code of criminal law to supersede the laws the individual State. Wa should have to tako under National control all pro way duction, whether corporate or private, in any^contexpiating inter state commerce, and to do this affectively, every hind of pro duction would have to he t&ksni ove?r regulated and supervised hy the federal Government. We should have to regulate the private lives of the people of the United States by enacting National roarriage and divorce laws. We should have to enact a National law regulating the de scent of property, as to which there is a great lack of uniformity among the several States. finally, ue should have to enact lavs reserving to the National Government the right of imposing all taxation, direct and indirect, in order to do away with the painful lack of uniformity now existing, giving hack to the States such portions of the taxes collected as in the 7/isdom. of our National legislators is deemed necessary for their purely local needs and purposes. If xkiMxxxx* this uniformity should he secured hy Con stitutional changes ve would secura v/hat,apparently ,raany would like,-a single Government, in effect,over the whole extent of the United States. Would such a Government be for the beet interests of our people? I helieva not. On the contrary, to quote the words of that eminent expounder of the Constitution, Tames Wilson, whose -ewords have lately teen quoted Try the highest authority,"To support with vigor a single Government over the whole extent of the United States, w'oald demand a system of the moat unqualified and the most unremitted despot.isit"• consider jEvery citizen should Vbdaxk carefully whether modern tendrv encyes are not along this path declared to he sc3 dangerous to tho future of our Government by this great expounds** of the Constitu tion , If, however, such an extraordinary increase of powsr should "be granted "by the people to the Federal Government by Constitution al changes, where could such povrer safely be reposed? While Con gress could enact the necessary laws, there laws must 'be left to for administration and execution, the Executive Departments^ Can it be that those Departments are so idle at the present moment that such extraordinary now duties could properly be imposed upon them? Just the contrary is the truth. engrossed The TVar Department, UMtkh auxixptxxa with tho management of with with the Anay,ARivsr and Harbor improvements and other public ./oris, is fairly staggering under tho additional burdens of the Fhilipand pines, the Canal Zone ^ Cuba, -no t to mention dan to Doniingo. file Interior ‘Department has all it can do to manage the now public matters^asaigxied to it, among which are tensions, I idian Affairs, Patents, Alasha and the other Territories, not to mention vast tiie public land system,with theAfraua and corruption, recently unearthed. The Department of Commerce & Labor is well occupied with the Census, Bureau of Navigation, Lighthouse, Coast Survey, Fisheries, Immigration, Chinese exclusion, the Bureau of Labor, the investigation of corporations and other important tranches# Tho Treasury Department, aluout broken down with work, lias only recentl3r had to be relieved by giving many of its duties to the new "Popart"!"Tit f r . r c ... L^cor. The Str.te lopartncnt fairly wall occupied in manag ing the foreign affairs of the country. It may he replied that now Departments could be created, A little reflection, iov/ever, must surely satisfy one that such perhaps new Departments,neceasitat ing tl10 employment o^thousands ajwcn thxxxxxix of National officers and inspectors, would not be, in the long run, for the best interests of our people. It should not be forgotten that thare way be almost as much danger to the Republic from National centralization carried to the extreme limits as f r023- the extreme expression of the States Rights doctrine which so nearly overthrew the Republic, i^7 TZhat guarantee, ^Mi’.Ter, is there that such a vast in crease in federal power ould result in more efficacious control or could be afforded than is today affordod^by tho individual States? In rsy judgment, in the long run, National control is bound to be les3 effective than State control. Influences are more easily evoked to delay action a:, the Capital cf the Nation, perhaps thousands of miles from the locality affected, hi\n in the heme State, The gain from uniformity would be, to my judgment, swallowed up in the lose of local 3tate control, always more effective when call d into action in response to public sentiment. There is another problem for thoughtful citizens to corto increase aider,-is it prudent or safe in this extraordinary manner the N powers of the Chief E x e c u t i v e of the Nation? v -1 0 The abatement is often made that the President of the United states is the representative, the only representative of the whole Arc rican people and. that accordingly it is fitting to place in his h .n ls the almost illimitable powers which increased centralization would entail. The claim that President <Tachoon was the representative of the '/hole American people mb. s an swered by m n i e l W o s t e r in a speech delivered in New York City:win add it.ior. to the establishment of this power of un tu t ion or laws, have been j u s t i f i e d on the ground that the P r esi dent is the representative of the- whole American people. Certain* l y th is is not constitutional language, Certainly t h e , on ----.1---- - calls- ^v.a n^^^-ersar representative of the nowhere epresontatives of' the People a r S-i'<«*, n _ Jt Act)it * h ilt- ' j a M M i >.-■-■*<£■■ 'i:.'y.w.iiiw.’ ae.House of He ureasitatives, exercising powers of legislation. TgJk President IT^fT^'i^uTIve oTricar, aupointecTih a partxculs.r manp o w e r a T T t may Tie thought l y w - B r T u r v F S s r T r a n i j 5p^ iB*® E 2 E S O H r ? T O S T d e r.t-ssrrrr^gCTTfHtijpN j-v. w j - — - , — r •. _ - .— -.^^T |r|| „ -,- ■■- - ,— - 1 hTF ^ T e " 7 f c ^ F ^ f F h T a F i T ^ f ^ w&fowwiiii. V ■■ J * \ - L thr bOt^fTt--Trcr. ’Rut/"in these matters, words are things. Tf He' Is’the people1a representaRve7 sxeTcige power, without any ether ground, what is the limit mcmx. to that power? And what may not an unlimited representative of the people do? When the Constitution expressly created representatives, as Members of Congress,it regulates, defines and limits their author ity. But if the Pxeentire Chief 'Magistrate, merely because he is the Executive Chief Magistrate, nay assume to himself another character, and cull Lime >If the representative of the fchole people, what is tc limit cr restrain this representative power in his hands?” Nor can I “believe that there exists ary necessity for further centralization of power, I believe that the people of New York oreMassachusetts or the pther sovereign States if aroused to \ V 11 necessity of such action ars competent to stamp put tiluh in the establishments in those States, or to purify the feed supplies used in those States, or to put the citizens of all states on a parity with their own citizens as to regulations for the public health or for matters of business concerning which legislation is enacted to control its omi citizens. y.ach 3tate, however, should carry out fc ithfvlly its duties and its responsibilities under the .national and the State £onct itutions • It may be well for a time to ocas* talking of States* rights and to tails of States* duties; to cease disc -tsin^ dividual rights and to take up the subject 01 ir.dividual oblige.** tiona. Let each State enact Constitutional Ipwh for the greatest good of the greatest number oi its people; if those laws are found to conflict with the laws of other States, it will be, for the most part, because different conditions pratfall which no uniformity imposed from vithout could effectually control. What then i.3 the duty of the citizen in the present state of affairs? Ho ehouiu strengthen xn every way the Government of his fitato to restore to it the balance of power which under the con stitution belongs to it. He should respect ana render obedience to the luv s oi the land, H© should have sympathy for public officers and respect for authority. He should attend the primaries with the sera© interest with which he attends to hie private business. -1 2 He should that his vote is recorded at elections as an almost sacred duty. .He should faithfully discharge the obligation imposed upon him of jury service. He should never forget that the so-called right o f suffrage is not a political right at all; it is a duty imposed for the public good rather than for his private benefit• Yet we see many men at the present time who deliberately elect to keep aloof from all participation in civic affaire; many there arc who nevrr attend a primary and vith whom failure to vote at elections is the rule rather than the exception. Ho citizen has a right to refuse? to perform his civicduties • Such refusal should be visited vita indignation and con tempt; he should be lashed t o t h e 7?o 1I b with -he indignant voice of public opinion. If a State should refuse to pur tic ip at 6 in Coa« tiiu'.ioual SJLLLAAMht* Government It would amount to.aa*iNM; fc .- laity i&posed upon the A State is of no greater obligation thu a that imp03 ad upon He ind i^ adue.1 cit i r.en , The citizen also, at this .ine of increasing rational centralization, should insist that all fh-presen Native a of the people should be elected directly by fiu people, and to tils end we should insist that United 8 hates rh.u.U ie be elect co. aircctly by popular vote, the 11 ;ccssary coi sti ,uiiv. al charges icing made for this purpose. This method of election v*s advocated by James Wilson and thoughtful people will be forced to the conviction that such a change at the present time would be beneficial* 13 Thera are many signs today that there has boon an awaken ing; popular interest in civic duties was never keener* The citizen realizes more and more keenly the necessity f o r personal participation in *ivic matters and out uf this aroused public sentiment will surely follow increased civic prosperity both to the individual State3 uni to our groat national Republic*
@FedFRASER