The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-17
War "for the Sake of Mankind

He can hardly he true American
that is not gladdened by the Presidents
having appointed a Justice of the SUI
rrcme Court of the United States as
ono of our delegates for mediation.
Presumably this delegate will guide the
other delegates.
The first thing in This world IL TO
keep from doing wrong. The next thing
fn 1t Is 10 10 good.
II would be good indeed 10 got the
McNicGns ia obey their written constl.
tuition. 1t would be better to bring
ourselves to obey our own This is why
the appointment of Mr.. Justice LAM>R
IS So admirable. The Constitution must
he known before II can be obeyed. IN
all courts each Judge Is to know the
law. The law which the Justices of
the Supreme Court will chiefly know
Is the supreme law of the land the
Constitution, and, best of all men. they
will know II. In cases like this. frnught
with the fate of many thousands of
men and with the destination of hun
dreds of millions OF dollars now safe
in enterprises or in pocket or in the
bank, the mere wishes of any OF us. or
OF all OF Us, are not of the slightest
consequence. The law Of the matter,
this is the only thing of consequence.
The function of the Executive is 10
execute those measures" which, after
Congress has considered them. Congress
shall judge necessary and expedlent.
lie shall also from time 10 time, says
the Constitution, give Congress infor-
nation of the state Of the Union. and
shall recommend 10 their considera-
ton" such measures rs he shall judge
necessary and eNpedicnt for them TO
order. He will never omit to give this
Information. lie will never omit TO
recommend" TO their consideration a
measure which he thinks necessary and
expedient for them to order. Above Ill
things. he will never take a measure
which they do not order.
The President will have chosen out
this great lawyer, this expert in the
supreme law OF the land, I'm order that
IN the mediation we may ask for moth
ing, and indeed may wish for nothing,
that does not grow out of that law and
Is not to the purpose of il, or that does
not conform 10 1t at every step which
IL involved, or which may become IN
volved. He will not have chosen this
Justice as having some particular de-
sire or some particular opinion, other
than desire TO obey the Constitution
and to shape his opinion into strict
conformity with the supreme law.
II war should follow in order ito
serve mankind" or ITO serve the Mex.
icans II we can" or to secure The bless.
ings Of liberty to Mexican citizens: or
even to provide through warfare some
government expected to protect the
property of American citizens. who
have been already directed to save their
lives through abandoning their prop
erty, 80 that we may have the field
clear for benevolent operations--if a
war indeed should follow upon some
unconstitutional advice given. and upon
some unconstitutional act done with
or without advice, a storm heavier than
ever yet has been seen upon this con.
tinent will be sure 10 burst later upon
some of us. II will hurst when taxes
come to soar 10y billions. and when
women are weeping whose husbands
and sons and lovers have been shot
from covert or have died Of disease In
Mexico, or died here if they have been
got home. When the storm bursts,
good intent and purpose, If they were
not an intent and purpose in strict &C.
~9rdance with the Constitution, will
count for nothing, But no one will SUI.
fer who has obeyed the supreme law In
point of fact.
Never In our history has so stagger-
ing load been thrown upon Justice
or the Supreme Court singly; never
Indeed upon the shoulders of all the
Justices together. II the supreme law
is followed all will be we'll, because all
will be lawful. If 1t is not followed
everything will be Ill, because every
thing will be lawless. A good intent
will not serve any of us. 1t never does
serve the lawless. If In the mediation we
ask anything beyond the limits Of our
Constitution. or even If we only threaten,
Set beyond its own silent threat against