Lectures And Essays

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An appeal to precedent is allowable in the. forum. Stare decisis is a wise judicial maxim. But the merest pettifogger knows that it is out of place in the Senate chamber. Ours is in theory, and until these evil days was in practice, a government of constitutional limitations. Besides, the analogy which he proposes between appropriations for educa- tional purposes and river and harbor appropriations, is fanciful and far-fetched.
The Senator referred to is no mean disputant, and we have rarely se
...en him at such manifest disadvantage as when Bayard, of Delaware, exposed the absurdity of this analogy. The Delaware Senator admonished him, that as long ago as 1826, the United States Supreme Court had affirmed the constitutionality of the river and harbor appropriations, on the ground that the Federal government had the power to regulate commerce be- tween the States. This decision, he further remarked, had been acquiesced in by all departments of the gov- ernment for a half century. It was like a third form boy at Rugby having his Latin syntax corrected by Thomas Arnold.

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