davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Individual
Liberty

The third principle was the
guarantee Of individual liberty
through Constitutional limitations.
This marked the great contribution
Of America to the science of govern
ment. In ali previous government
building the state was regarded as
q sovereign which would grant to
individuals or classes out of it's
plenary power certain privileges or
exemptions, which were called Glib
critics" Thus, the liberties which
the barons wrung from King John
at Runnymede were virtually ex-
emptions from the power of govern
ment. Our fathers did not believe
in the sovereignty of the state in
the sense of absolute power, nor did
they believe in the sovereignty of
the people in that sense. The word
sovereignty" will not be found in
the Constitution or the Declaration
of Independence. They believed that
each individual as responsible
moral being, had certain "inalien-
able rights" which neither the state
nor the people could rightfully take
from him. This conception of indi-
vidualism was wholly now, and is
the distinguishing characteristic of
American constitutionalism. AS to
such reserved rights, guaranteed by
constitutional limitations and large
ly by the first ten amendments to
the Constitution, man, by virtue
Of his inherent and God-given
dignity as human soul, had rights,
such as freedom of the press, liberty
Of speech and religious freedom,
which even one hundred millions Of
people could not rightfully take
from him. The Fathers did not be-
lieve that the oil amounting that was
supposed TO sanctify the monarch
and give him infallibility had fallen
upon the multitudinous tongue Of
the people to give it either infalli-
bility or omnipotence. Even the
) Pilgrims on the Mayhower had this
noble conception OF individual lib
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
The
Judiciary

Closely allied to this doctrine of
limited governmental powers, even
by a majority, is the fourth princi-
pie of an independent judiciary. 1t
is the balance wheel of the Consti-
tntion, and, to function, it must be
beyond the possibility of attack and
obstruction. The recall of judges
is obviously fatal to such independ-
ence. Judges are at best human
and are already swayed to some ex-
tent by the tides of popular opin-
ion; but it is obvious that if Judge
in protecting the reserved rights of
an individual by a decision could
by popular vote be dragged from
the bench and the ermine soiled in
the mire of popular disgrace, then
the court would be as little able to
defend popular rights as though an
armed mob were in the courtroom
and exercised it's duress. Indeed.
there are many judges who would
fearlessly face mob violence in a
courtroom, but who would be in
fluenced by the far greater duress
of personal disgrace.
The principles are of inestimable
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Prohibition
And Home Rule

Whatever opinion one may hold
with respect to statutory prohibit
ton, no fair-minded man can ques-
ton that in the adoption of the
Eighteenth Amendment-if, indeed,
it has been legally adopted-the
principle of home rule has suffered
a serious, if not fatal, impairment.
Nowhere in the Constitution is the
slightest trace of purpose on the
part Of the Fathers to determine
questions of individual morality or
personal habit. In country of
one hundred millions of people, in
habiting a vast continents which
begins with the edge of thesArctic
and ends with the edge of the
tropics, and which is inhabited by
men of many races and varying So
cial standards, it is, in my judg-
ment, a hazardous experiment to
impose by a rigid constitutional
amendment a doubtful principle of
morality, which justly offends the
pride of individual liberty What
ever the merits of prohibition may
be as local measure, it's adoption
as an unbending national principle
destroys the symmetry Of the Con-
stitution and invades those reserved
rights of the states and Of the peo-
pie thereof which the Tenth Amend
ment was designed to preserve in
violate. l regard the adoption Of
the Eighteenth Amendment as a
fatal impairment of the principle of
home rule, and as such the deadliest
menace to the perpetuity of the Re-
public that has risen in the last half
century.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
The League
OF Nations

Current events show that the
Senate has not abdicated it's great
duty under the express language of
the Constitution. Let US hope that
the Senate, in it's consideration of
the far-reaching proposal of a
league OF nations, will take such
action, either in it's acceptance, re-
lection or amendment, as it thinks
best without dividing on party lines,
for the question is infinitely above
party. If it failed to exercise its
own Judgment it would set q prece-
dent which in the future would go
far to put the destinies of this
mighty nation in it's foreign rela-
lions in the exclusive control of one
man. Nothing was further from
the intention of the fathers. and as
America is now the first power Of
the world and is destined to play
the most potential part in shaping
Its destinies, it is vitality important
that any decision which affects the
future relations of this government
with the rest of the world should
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Model
of Style

The language of the Constitution
was drawn with the greatest pre-
cision. 1t is "A model of literary
style. In it there is no tautology,
not even a wasted word, and when,
therefore, the Constitution made
necessary the "advice and consent
of the Senate" something more
than mere ratification of an ap-
pointment or of a treaty was in con-
temptation. The word "advice"
clearly meant cooperation with the
Executive in an advisory capacity
before conclusion was reached,
and the nation, to some extent,
morally committed.
1t was the undoubted intention
of the fathers to make the Senate
the final treaty making power, and,
as such, to enable it, at any stage of
the negotiations, either to propose a
treaty, to express disapproval of
treaties in contemplation, to deter
mine the suitability of those who
were appointed to negotiate a
treaty, to advise with the Presi-
dent at any stage of the negotia-
tions, and, finally, to consent to, or
reject, or to amend, any tentative
draft. The President thus was the
agent of the Senate in negotiating a
treaty; but, through usage, which
may have some justification, he has
been freely given in practice the
initiative to such an extent that
precedent no longer requires him to
discuss preliminarily with the Sen
ate the terms of treaty before he
tentatively offers it to another ma
ton. Nevertheless, some coopera-
ton between the Executive and
Congress is necessary, lest an I'M
seemly deadlock should arise to the
embarrassment of the nation, if it
is called upon to reject that which
was tentatively offered in its name
by the Executive, and, to avoid this
unfortunate result, it has been the
practice of the Executive for many
years. il sll important foreign ques-
tons, to consult with the Commit
tee on Foreign Relations of the
Senate, so that he could be reason
ably satisfied that the Senate would
ratify that which the Executive
offers to another nation in the name
of America.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11

have the consideration and apnror.,
not merely of the Chief Magistrst.
but of that body of Congress which
IN peculiar way, represents tha
forty-eight sovereign commonwealth
OF the Federal Union. Our fore;.n
relations should rise above n.r.,.
politics, and the best method os
bringing this about is to have ~.
Senate resume its full authority =.
the final treaty-making power.
These are the six fundament.,
principles of the Constitution. n
may be suggested that the challenre
to these six fundamental princinls,
is not very serious one, and tha,
no real concern need be felt as -
their continued efficacy. This ou;to
Ignores the fact that there are inn
portant bodies of men, nunaber;nc
hundreds of thousands of yoters
who challenge some or all of these
principles.
Indeed, in the period from 1914
to 1917, seventy-nine amendments
to the Constitution were proposed
relating to twenty-four different suh
jects, most of them being subversivs
of one or more of the principles Of
the Constitution.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Eternal
Verifies

do not claim that the Consti.
tuition is perfect instrument. The
Fathers themselves recognized their
own fallibility or they would not
have made provision for its amend
ment; but I do contend that its
fundamental principles are eternal
verities, and cannot be impaired or
destroyed without reducing the
noble fabric to cureless ruin.
Unless the present tendency to
change the Constitution by amend
ment, Interpretation or usage is
checked by sound public opinions,
it will one day become a nobls
and splendid ruin like the Parthe-
non, but, like the Parthenon, use
less for practical purposes and an
object of melancholy interest only.
1t is sadly true that the Con-
stitution is being slowly under
mined by forces which, if not
checked, will result in its subver-
sion. Let all patriotic Americans
take up the cry: Save the Consti-
tutionv'
The Constitution rests upon pub
lie opinion. When that ceases to
support it, the end will be at hand.
While the scarcely yelled antago-
nism to its principles is serious,
graver aspect is the profound ig-
norance and indifference of even
educated Americans with respect to
Americas greatest contribution TO
the science of government Even
IN our higher institutions Of learn
ing it is amazing how few Of their
graduates have a real knowledge of
either the history or the provisions
of the Constitution. They may
know its most important provisions
in a perfunctory way, as they know
the rules of parliamentary Jaw, but
the profound political philosophy
which brought it into being and
the basic principles which underlie
it are not familiar to our college
graduates. For my part, I would
make it rule in every college and
university that no man shall grad
uate or receive a degree, no mat
ter how elective the course may be
or what speciality he is studying, I'M
less he can pass a real examination
with respect to the history and pro-
visions of the Federal Constitu-
ton.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
General
Disfrusf

Representative government no
longer has the complete acouies-
cence of the American people. Our
constitutional system consists not
only of the Federal Constitution.
put also Of the organic laws of the
forty-eight states of the Union. To-
gether, they comprise the organic
law of the American common
wealth. 1t is to be noted that, in
twenty-five states of the Union. the
principle Of the initiative and the
referendum, which is clearly antag-
onistic to the doctrine of represen-
tativc government, is a part of the
organic law Of those states, and
clearly indicates very general dis
trust OF the representative prin-
fipie-
II cannot be questioned that if
the principle Of the initiative and
referendum continues to gain faith
and is ultimately made a part of
Inc Federal Constitution, represen-
tafiye government will be greatly
impaired. and, az a principle, Who'll
" destroyed. For those who sojace
themselves with the thought that
.nis g'ves more effective expression
70 the will Of the people. it is well
70 remember that. in many refer
endurns, it ia a minority of the PEG
ple--generalIy the proponents Of
some startling innovation--who
triumph at the polls through the
failure OF the opposition to cxer.
else the right Of franchise.
The second principle Of the Con.
ttitution was our dual form CT goy.
ernment--and this rnay be said ia
have been the basic principle OF
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
The Subtle Assaults That Have Endangered 1.-THE
Greatest Achievement i'm Government -Everv
Mans Duty to See the Constitution Preserved

erty, for while in the famous COM
pact they agreed to abide by the
rule Of the majority it was with the
qualification that the laws to be
passed by the majority should be
"just and equal" This theory of
government gave new dignity to
manhood. 1t exalted the human
soul as no previous government in
stitution had ever done. 1t said to
the state: "There is a limit to your
power. Hitherto shalt thou come
and no further, and here shall thy
proud waves be stayed"
This principle has been chal-
lenged by the recall Of judicial de-
cisions, which, if ever generally
adopted, would mean the potential
destruction of all constitutional limi-
tations. The only method of guar
anteeing to the individual his re-
served rights as against the power
of the state or the people was in
making the judiciary city of
refuge for the man against whom
the destruction of his inalienable
rights was sought to be inflicted.
In vain, however, would be such
decisions, and impotent and helpless
would be the individual if, when
the judiciary had decided that a
given law which unduly trespassed
upon individual rights and thereby
violated the Constitution, the peo-
pie, by mere majority vote, could
nullify the decision. The recall of
judicial decisions is a fatal mega
ton of constitutional government
and might make of it little less
than "a scrap of paper"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Foreign
Relations

The sixth fundamental principle
was concurrent power of the SEN
ate and the Executive over the for
eign relations of the government
Nothing, excepting the principle of
nome rule, was Of deeper concern
to the trainers Of the Constitution.
and in nothing did they make a
more radical departure from all ex-
listing forms of government. When
the Constitution was framed everv
government of Europe except
Switzerland was a monarchy, and
it was the accepted principle that
whatever control parliaments or
other legislative bodies had over
domestic concerns, the right to de-
termine the foreign relations of the
government, including the issues of
peace and war, was the exclusive
prerogative Of the sovereign. In
England, the freest of all govern
ments at that time, the only check
on the power Of the King to select
the diplomatic representative of the
government, to make treaties and
generally to determine the issues of
peace and war; was the power which
the House of Commons had over
the purse Of the nation. If the
King had the necessary means to
make war without a parliamentary
grant, he was free to do so. But.
as he rarely had sufficient means,
he was generally dependent upon
parliament for the necessary grants
Many of the greatest struggles for
English liberty concerned the
rights of the King to exact money
without parliamentary grant, in or
der to carry on wars in which his
dynasty was engaged.
The colonies were not willing
to grant such power to the old
Confederation, except with the con-
sent of nine states, and when the
Constitutional Convention met it
was at first resolved that the power
to appoint ambassadors, ministers
and consuls and to make treaties
should be vested exclusively in the
Senate, as the body that most di-
rectly and equally represented the
constituent states. 1t was, how
ever, recognized by these practical
men that the Senate was not al
ways in session, and in any event
that it was not so easy for a body
consisting originally Of twenty-six
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
By John D. Anderson

N HAD are coming-but from
where? From the rivers and
49, bays, of course, but from
further. The fact and the
truth Of the matter is that the whole.
or nearly the whole, of the life story
of this fish Of the herring tribe is
one Of the mysteries of the big
ocean. What we do know about it's
life is in substance as follows: 1t IS
born in fresh water. In late April, or
early May in our Northern rivers,
the shad come up to spawn This
fish is very different in many ways
from the common herring. The
spawn of the herring is heavier than
the water in which they develop and
are carried down by the current or
up by the tide. Not so with the
spawn Of the shad. This is to a de-
gree adhesive and the early develop
ment of the little shad-the hope of
the future-is in fresh water.
Take river into which the older
ones come to spawn-a stream like
the upper Delaware-and a curious
and pleasing sight will greet you by
mid-August. 1t may be the first
sight that you have ever had of the
very youthful shad. On a bright,
clear day you can see them, as !
have, leaping and jumping about the
surface of one Of the hundreds of
picturesque pools which abound in
the Delaware from Milford north
ward to Port Deposit. BY that sea-
son Of the year that which was
spawn in May has become millions
Of little shad, not much over an
inch in length.
But this is not all. BY late Octo-
Der or early November, IL you but
watch closely enough, you would see
these little shad all going seward
They grow rather rapidly even dur
ing cool September. andf have seen
those Matched in April al least four
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
An Incorrect
View

There are students of the Consti-
tuition who have held that in its
development the Senate's function
IN the treaty making power is little
more than to ratify that which the
Executive has negotiated. The
most forceful statement of this
theory is found in President Will
sons Unconstitutional Government
of the United States" which reads
as follows:
"The President cannot conclude q
treaty with foreign power with
out the consent of the Senate, but
he may guide every step Of diplo-
macy; and to guide diplomacy is to
determine what treaties must be
made, if the faith and prestige of
the government are to be main
tanned. He need disclose no step of
a negotiation until it Is complete
and when in any critical matter it
is completed, the government is vir-
tually committed. Whatever its dis
inclination, the Senate may feel it.
self committed also
That this view cannot be correct
and was not so intended is plainly
shown by the fact that no treaty
can be entered into unless two
thirds Of the Senate concur in its
wisdom. To our fathers, the chief
difference between a monarchy and
republic was that in a republic
a treaty making power required the
assent Of representatives of all sec
tions and parties. Hence the re-
fusal to vest authority even in a
majority of the Senate.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
The Plot
ThiCkens

But what of the little ones which
have gone to sea in October or Mo-
vember? Where do they go? When
do we see them again?
We know that we see no very
small shad in the rivers at spawning
season; the child of May, 1918, is
not there in May, 1919. He is not
/ old enough to spawn; hence he has
no place or business there. So he
wisely stays away. The fact is that
small shad go off into deep salt wa
ter and seem to have a fancy for
going it alone" for they are seldom
found in schools and are often
enough found singly. And we see
no more of them until they are big
enough to go into fresh water to
spawn.
Up along the Delaware at this sea-
son, or little later, and along many
other rivers also, they are now
catching shad, and you will seldom
see this operation, for these fisher
men do their work in darkness. A
warm night in May is the most ia
vorable time and broad pool with
riff feeding into it and another out
OF 1t, and with nice sloping sandy
bank is your ideal Establishing
eyf.oupd
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11

were "peddled out" through the
country districts in both New Jer-
sey and Pennsylvania; were sold in
''strings" Of five each and were so
cheap in price that people in the
small towns, villages and in the
country sailed them down for win
ter use. Salt shad in those days
were as highly regarded as the salt
mackerel.
Those who have examined shad
closely put them into two general
classes-the allis and the twaite. An
examination of the gill formation is
necessary in order to distinguish
them. The allis shad has from sixty
to eighty very fine and long gill
rakes along the concave edge of
the first branchial arch. It's cou-
sin, the twaite, possesses but from
twenty-one to twenty-seven short
gill-rakes. In habits the two are
much alike. Those in Europe are
found along the coasts in the tenn
perate regions. The twaite shad are
found in large numbers in season in
the rivers which empty into the
Mediterranean Sea. At one time
shad were numerous in the Thames
River, and are still found in the Sew
ern. They now shun the Thames for
much the same reason that we find
them no longer in the Passaic, nor
in the Raritan, with the same fire.
quency as in the days before these
rivers were polluted.
Little or nothing has been done in
this country to cultivate the shad
At Elbeuf on the Seine, some way
above Rouen, there is a shad hatch
cry which has done much to propa-
gate this fish. While there is no i'm
mediate danger of the shad becom-
ing extinct in the rivers of the
United States, its numbers are much
smaller than before so many were
taken, and by reason of the pollu-
ton of many larger rivers the
shads spawning grounds are more
restricted than in former years.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
Danger Never
Greater

The danger was never greater
than in this hour, when in every
country there is revolt against &C
cepted principles of government. In
deed, the future historian may say
that the first quarter of the twenti-
eth century was marked by revolt
against the past in all departments
Of human life. One can see this
tendency in literature, art, music,
sociology and political government.
Everywhere there is a craze for in
novatlon; everywhere hostility to
that which has the sanction of the
past.
This nation has spent it's treasure
like water, and, what is infinitely
more, the blood of its gallant youth,
to make "the world safe for democ-
racy." The task is accomplished, but
in the mighty reaction from the
supreme exertions of the war it is
now apparent to thoughtful men that
new problem confronts mankind
and that is to make democracy safe
for the world. Kaiserism has been
hailed to the bar of civilization and
has been convicted and sentence Of
execution pronounced. And now the
world is slowly perceiving that
democracy is also on trial, charged
by its foes with unduly restraining
the will of the majority to infiict
their will upon the inalienable
rights of the individual, and, by its
friends, with inefiiciency.
In this period of popular fermen-
tation, the end of which no man can
predict, the Constitution of the
United States, with its fine equilib-
rum between efficient power and IN
dividual liberty, still remains the
best hope of the world. If it should
perish the cause of true democracy
would receive fatal wound and the
best hopes of mankind would be ir-
repambly disappointed.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-05-11
After the Fish of Mystery Shad

inches in length before they 20 out
OF the rivers. From November to
late April at the earliest our North
ern rivers are free of shad-of big
and Of little shad. We all know that
after the spawning season the shad
which have survived being caught in
the many nets which are set for
them, after spawning again, seek
the salt water. But small portion
find it alive. All along the banks of
the river, in the eddies and along
the shoal places, hundreds upon
hundreds OF dead shad may be seen
in late May or early June.