The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1916-10-19
New Sharon. Iowa.
THE FUNDAMENTAL REASON.


THE FUNDAMENTAL REASON.
Editor Herald: lin Mr. Harding
speech in Oskaloosa,, October Il,
1916, he took the position that there
should be republican in the Whlte
House, rather than democrat 10
deal with the questions growing out
of the unprecedented time of trouble
between nations l Woulu lhe
through your columns, to set torth III
a non-partisan way, wherein, WIN
one modification ] agree with MS
view. WI
I think that no democrat is, or can
be. qualified TO fill the presidency Ill
the international relation. My reas-
on for so thinking is that the democ-
racv holds to what is known as the
doctrine of ultra.state sovereignty
i. e.. that the national government
has no power except what is written
in the constitution. On the contra
nv. a long line of statesmen including
Webster, Clay, Lincoln and Roosevelt
have held that congress has all power
at national common law, not prohlb-
tied by the Constitution. and the
president in the same way has all
power not prohibited by the Consti-
tuition or by statute.
The democracy in its view is FOL
lowing the bred Scott Decision which
annulled the Missouri Compromise of
1899, on the ground that the power
to enact that statute is not written III
the constitution. Lincoln denounc'
ed this decision and his denunciation
of it made him president.
The democracy thus stands in a
position in which it denies the eX
istence of national common law. 1T
of course, cannot predicate knowledge
OF thing, the existence of which
thing it denies.
! Now international con mon law(the
law of all space between nations, in
Guiding the sea- is the OutgroWth oil
national common law, and derives
it's life from it. The democracy can
not therefore claim to be posted IL
international common law when II
denies it's basis, which is national
common law. do not see then how
President Wilson or any other demo
crat can claim to be qualified to take
up and intelligently pass upon the in
ternational common law question as
4 ~, 4 nd Wi nr
in this unprecedented time of trouble
between nations.
! account in this way for five blum
J dcrs Of the president as follows: %
Mediation is in the nature of an ap
/ pcl!atc international judicial pro
CcCding. Now when the President
! rCpudiated Huerta, some South
American nations proposed mediation
Oh the question of this international
+ impeachment. This the President
refused. His action amounted to a
holding that he is Judge of all the
earth, and destroyed all appellate in
ternational Jurisprudence. GU The
| English blockade of Germany is void
for the reason that England has not
| yet subjected German territory to in
ternational jurisdiction, by process Of
reputation and Intervention. The
same is true as to the German block
ado OF England.
They are both void and consequent
| ly their assaults ON our vessels within
their alleged blockade limits are pi
ratical This truth the President
! fails to see; and hence looks upon
the assault upon the Lusitania as q
| tort to be settled i'm damages; and
| allows the continuance of such torts
/ by paying damages, if they will spare
| human life. The fallacy of his posi-
ton consists In the fact that these
assaults constitute piracy; and pir
acy is a thing that should be driver
from the sea, rather than be allowed
TO run by payment of damages, wheth
er now or at some future indefinite
time. l3y The President has failed
to see that our clearance is conclus
i've as TO all nations that are main
| tanning diplomatic relations with us;
and its disregard by any of them is
piracy; and hence he has neglected
to vindicate our clearance, in any
way, except to compile damage claims
| for some future administration to col
lect il it can. t4) The President
has failed to see that invasion Ii
IcnIaofcfic In that IL iuUalvas tho cnn
Trajectory idea OF two sovereignties
! In severalty exercising jurisdiction IL
the same territorial space at the same
time; and hence through Secretary
Bryan. he evolved a line of contracts
Ilegalizing invasion after a years de
lay to- cecil on. 1t. however. Is
manifest that invasion is never legal
and resor. to arms by nation, on