We are told that Switzerland as a Nation regulates and manages its own power business. Since, however, Switzerland has no more authority or powers of government than California, Colorado, or New York, and since it is probably one-tenth the size of these States and its cantons are about the size of an ordinary western school district, this would not appear to indicate any reason why the western States of the Union could not successfully carry out the same function of government.
Our former President has said to us that he would be as swift to prevent injustice and unwarranted uprising against property as anyone. This I do not doubt, and I am prepared to agree that probably no one living could perform the task more cheerfully or effectively; but in this connection it might not be improper to reflect that the people have been taught, and rightly so, that this is "a government of law and not of men," and we rely upon the equal and continued protection of the law for the protection of our persons and our property, not upon the life or disposition of any man.
We have already referred to the assertion that the remaining resources of the Federal Government belong to all of the people and are to be administered and revenues obtained for their full benefit. We are not, however, deluded with the thought that we are to begin to draw individual dividends. The revenues thus obtained are to go into the Federal treasury (and allow me parenthetically to suggest that the pay-roll will not be far behind the earnings), but if through some oversight a balance should be found in favor of all of the people it will go into the Federal treasury to reduce taxation to the common benefit. Allow me to suggest, and ask all thoughtful people to well consider, that if sufficient revenues were collected and paid into the Federal treasury to prove of great benefit to a hundred millions of people, the collection and payment of these same revenues will of necessity amount to some slight imposition and burden upon the ten millions of people when they are paid out of their resources and revenues.
While we are considering monopolies it might not be inappropriate to consider that they are of two classes: private monopolies and government monopolies. One of the highest functions of government is to control and regulate private monopolies. It is not always easy, but the undoubted power exists and if properly applied is effective. History records that four-fifths of the exactions and oppressions and human sufferings that have existed in the world have come about when the conduct of business and the sources of supply were confined and vested in the government and constituted a government monopoly. Government monopolies are invariably created for the alleged benefit of the people, and throughout all history have almost invariably operated to the oppression and detriment of the people and ultimately to deprive them of their liberties. In the face of these undeniable records of history, the people of the western States are invited to surrender their control over their industries and their own private monopolies and have substituted therefor a Federal Government monopoly over which they could have no possible control. The western States are asked not only to surrender this control, but along with it to surrender the powers of taxation and revenue over all these great resources. My friends, some of you may congratulate yourselves that these so-called policies are popular, and no doubt to a certain extent they are; we think, however, because they are misunderstood. There need be no misunderstanding between us. You are welcome to your assumption of victory, and to the assumption of defeat for those who adhere to the right of local self-government.
We are correctly told that the ancient doctrine of State rights ended at Appomattox. The doctrine was there ended that the Federal Government did not have all of the power necessary to protect and continue the Nation for the common defense and the general welfare. The undeniable doctrine and right of the American people within the several States to continue an unrestrained local self-government was at that time neither destroyed nor impaired. The right and doctrine of local self-government will endure and continue until, if ever, some common disaster shall terminate and end the National existence as well as the existence of the several States. No question is ever settled until it is settled right. Frankly, today may be yours but tomorrow is ours. The Constitution of this country is greater and more enduring than any man. Let there be no misunderstanding between us. You should not, but if you would you cannot, deprive the people of this country in any number of States or in any one State of the equal guaranteed constitutional right of local self-government.
In recent months, so numerous have been the complaints and utterances against the courts that it would almost appear that there was a common design to discredit the courts with the American people. For even a longer period there have been recurring attacks upon and denials of the capability and capacity of the representative branch of our government. Even within its obvious jurisdiction the Legislative department has not only been excessively criticized but its very powers denied. The Executive of the country and each of the States, Congress, and each Legislature of each of the States, the Supreme Court and all of the subordinate courts, derive all of their authority from the American people through the Constitution of the United States. He who acts without and in spite of the Constitution acts without authority from the people. Constitutions are adopted to safeguard the rights of all men and to protect minorities from majorities. The question is not, where the Constitution declares the measure of right, what the majority wants, but the question is, what does the Constitution declare; and that is the beginning and the end of the law. The Government under which we have lived is the best vindicated Government in the history of the world. If a democratic people, as we have been told, have destroyed more since the adoption of the Constitution than has been wasted and destroyed in Europe in all of its history, we may admit this and agree that it is wise always to prevent waste; but we can with equal truth assert that if our free people under our free institutions have destroyed more than the people of Europe in their entire history, our people by scientific research and invention have added more to the potential and productive power of the earth and the elements for the benefit and subsistence of mankind than has been added by the people of Europe, Asia, and Africa during the entire recorded history of the world—all since the adoption of the Constitution of the United States.
Whether it be popular or unpopular, it is true that the tendency to belittle the legislative power, to disparage judicial power, and to correspondingly exalt the executive power, is the same evil tendency that has destroyed every free government that has ever existed. It is the same spirit that overthrew the mild judicial government of Samuel and made Saul of Tarsus king over Israel. It is the same spirit that subverted the free cities and provinces of Greece, and made Alexander, the Macedonian, the sole arbiter of the destinies not only of the people of Greece but of the whole eastern world. It is the same spirit that subverted the Senate and the tribunals of Rome, and made Julius Caesar and his successors the emperors and rulers of the entire known world for succeeding centuries. We may agree that no such events will recur in modern history. But it is the same spirit that brings about such a condition in Mexico that nobody knows or cares when Congress meets or adjourns, because they never pass or suggest the passage of any laws that have not already been approved by the President. They must have a Supreme Court in Mexico, because their Constitution is very similar to our own. For the same reason we assume that they have States, although nobody ever hears of them. Neither do we hear of any one criticizing the decisions of the Supreme Court of that country; nobody has ever suggested that within the last quarter of a century that court has ever decided anything displeasing to the President.
The United States of America today is the world's sole and single exception where the people under a constitution through a long period of years have been guaranteed and have received the equal protection of the law. No guards have been required to stand at our city gates, no bayonets have defended our towns; we have all lived and prospered under the equal protection of equal laws. (Applause)
These institutions are human, they are imperfect and under them errors have been committed, but undeniably under this Government the people have received a larger measure of liberty together with a better distribution of the benefits of industry than was ever received or enjoyed hitherto by any people in the world. We favor that new efficiency that is neither National nor State, that under an equal respect for the Nation and for the State and for each branch of the Government strives for a higher condition of civic virtue, better enforcement and greater respect for the law in all of its branches. I hope and pray that none of us may ever be required to look beyond the years when the Constitution and the law in letter and in spirit are no longer supreme in this country and when we shall have reverted to "that good old simple plan, that each may take whate'er he may and keep whate'er he can." (Applause)