The New York herald., 1921-06-01
Rule by the Constitution.
Obstacles to Americas Joining the
League Of Nations.

To THE NEW YORK HERALD: 1t is
unfortunate that the extraordinary oc-
casion of the American Ambassadors
admirably direct address of May 1s did
not enable him to refer to the underlying
basis of the present attitude Of the
United States toward the League OF
Nations-pointed out by Bryce in his
comprehensive studies of our political
system.
Each of the separate groups of colo
nists that settled originally our Eastern
coast refused in their jealousy for free
dom to bestow upon the various gov
ernmental officers set up any powers
except in writing. And when together
In 1887 they agreed. for the general
welfare, to create national political
structure, they again insisted upon linn
iting the authority conveyed to a great
Writ of Attorney. The granting of the
larger powers of government was in no
sense the abrogation of the lesser
Roger Sherman, Philadelphia, Septem-
Der IL, 1887, 1.-THE State Declarations of
Rights are not repealed by this Con-
stitutlon": Alexander Hamilton. before
the New York Ratifying Convention.
Here the people surrender nothing
though there Is much In recent domestic
history to suggest such an Illusion.
1t follows that the proposal that we
enter the League OF Nations is and
could not have been otherwise than n
matter Of constitutional law rather than
a matter of sentiment; that is, mat
ter first Of whether the League cove
nant is beyond the intent OF the treaty
making power clause of the Federal
Constitution and, second, of whether,
II the first question be answered In the
negative. entrance into the League does
not conflict with the reserved rights OF
one or more Of the States.
I have noticed no detailed mention
in the various Pilgrim celebration adj
dresses of the apprehension exhibited by
them and their fellow colonists Of the
probable need in the future OF reguaran-
tees. as It were. to their posterity of
the individual freedom and equality so
jeaiously guarded by them. Beyond the
setting forth Enthusiastically OF the in
allenabie right to these in both the
Federal and State Constitutions. the
power OF construction bestowed on the
courts, and the duty of restrictive leg
islation so fully exerted by Congress
and the States, there is to be found also
IN the contemplation OF the makers of
the Constitution OF the United States
the passage OF laws for the affirmative
enforcement of personal liberty and
equallty--not yet often acted upon but
having much nevertheless TO recon-
mend II as a policy over the law maxi
ing tendencies here OF the recent past.
The sky line Of city may be lew
elled by tearing down all the lofty
structures; and the citizenship of O ma
tion may be equallzed by abolishing all
corporate enterprise. On the other
hand, a similar result may be brought
about by additions to the inferior build
ings OF city. and by confirming and
increasing, as against the corporation.
the prerogatives OF the individual citi-
zen.
In a popular sense, our national cleo
tious, dependent upon how unerringly
en- extraneous Issue Is before the olec-
torate, frequently amount to n manda-
tory expression OF public opinion, as
applied so dramatically by the Ambas-
sador 10 the campaign of last Novem-
ber. Such mandates. however. are val
ueiess as constructions of the powers OF
attorney OF the people of the several
states or OF tho people OF the United
States, suitable tribunals for that pur-
pose having been appointed by each
OF the latter.
The constitutionelity OF our partioips-
ton In the League OF Nations has not