East Oregonian : E.O. (Pendleton, OR) 1888-current, 1919-09-18

Q the peace of the world and the we
8 fare and happiness of mankind is In
!, volyed?
That part OF the covenant whlc
refers to the exemption OF domesti
q matters from confederation by tn
league says:
If the dispute between the parties
claimed by one Of them and is foun
by the council to arise out OF a matte
which by International law is solel
within the domestic Jurisdiction o
that party. the council shall SO repor
and shall make no recommendatio
as to Its settlement. (Art. 15.)
Upon reading this provision OF tn
covenant those opposed argue tina
the language does not place import
ant matters of domestic concern. lik
immigration and tariff. out of tn
jurisdiction of the council or of tn
assembly of these matters from tn
league. This section think unneces
sary for the reason that the highes
tribunal in our land has decided tina
by the rules of international law sub
jects of this kind are absolutely ant
exclusively within the Jurisdiction o
this country. inherent as a right o.
sovereignty and therefore impossible
of alienation by treaty.
Mr.. Justice Gerry, speaking for the
Supreme Court In the case of Nishi'
mura Ekin v. The United States "a.
U. s.. 65D, said:
1t is an accepted maxim of interna-
tional law that every sovereign nation
has the power as inherent in sove-
reignty and essential to self-preserva-
ton to forbid the entrance of foreign
ers within its dominions or to admit
them only in such cases and upon
such conditions as 1t may see fit to
prescribe.
In the Chinese Exclusion case
Gao U. s.. 5s1) Chief Justice Field, of
| the Supreme Court said:
The power of government to ex-
clude foreigners from the country
whenever. in its judgment, the pub
lie interest requires such exclusion,
has been asserted in repeated instan-
ces and never denied by the executive
or legislative departments.
In the same case Chief Justice
Field cites with approval a letter writ
ten by Mr.. Marcy Secretary of State
under President Pierce, to our minis
ter to switzerland:
Every society possesses the un-
doubted right to determine who shall
compose its members and 1t is ex-
ercised by all nations, both in peace
and in war. 1t may always be ques-
toned whether a resort to this power
Is warranted by the circumstances or
what department of the government
is empowered to assert 1t, but there
can be no doubt but that II is possess
ed by all nations and that each may
decide for itself when the occasion
arises demanding its exercise.
This same doctrine was enunciated
by Mr.. Evarts. Secretary of State un-
der President Hayes. and later by Mr..
Frelinghuysen, Secretary of State un-
der President Arthur, who wrote.
This Government can not contest
the right of foreign governments to
exclude - American citizens from
their shores.
Sharing the belief that our Su-
preme Court has correctly stated the
rule of international law as applied to
a nations internal affairs. I can find
no serious complaint with a policy
that shall annex a resolution to the
Nf1otS al toeopiaShOh NV
trine of the law of nations. This ac-
tion of the Senate, in my opinion.
would not be an amendment nor
change of treaty in substance requir-
ing ratification. While a work of
super-erogation, If found comforting, |
II would have its own reward.
A stronger reason interposes its un-
force. and that is that ques-
tions of a domestice character will
never arise to embarrass this Nation |
for the reason that the other members
of great white race, the dominant |
peoples of the league in the sense of
and power, are as jealous
of their sovereign rights to adjust and
decide all domestic questions as are
we.
In fine. we have been told that our
has been dangerously |
the Monroe doctrine en-.
that we have surrendered |
our control over certain vital domestic |
that we could be plunged in
to war without a declaration of Con-
gress.
No one of these statements is be-
lieved by the advocates of the league !
to have foundation in fact. There !
fore, by the avenue of reservations in
the form of interpretations. these
questions could be placed beyond the |
pale of controversy. Action of this
character would require no ratifica- |
ton by the other powers, as it would |
constitute only a restatement of that
which already adheres in the coven-
ant.
Mr.. President, the world is so I'm
povt rished of substance and wasted of |
rann power and ecoEorlic force as 20
be incapable of a serious conflict ot
arms for decades beyond the life OF
any of the Members of this Senate
who aro IL rass upon the terms CT
pc; ce, and may We not with almost
ertain security of peace take timo |
ard give deliberations to necessary
and changes In the 7orm |
and character of the constitution of
tho league? The constitution of IN, |
league is not the final and unalt"rable |
Judge of the worlds cpin, m: il is tho |
present repository of Il world desire -
CT cato a moral All economic force
calculated to act a, AN insup"rahle