The New York herald., 1922-12-10

study of the text of the Constitu-
laudable in far as it recognizes that
much of the Federal Government is not
described in that text, and also that much
of the Government of the people of the
United States is not Federal. Certainly it
would have been to the advantage of the
State and nation if Gov. Allen and the
Kansas Legislature in 1920 had turned to
the Thirteenth Amendment of the Con-
stitution of the United States and read it's
clear statement that neither slavery nor
involuntary servitude. except as a punish
ment for crime whereof the party shall
have been duly convicted. shall exist with
in the United States. or any place subject
to their jurisdiction"
That has been the law of the land only
since December, 1865, and both North and
South paid heavy penalty for state of
things in which about a seventh of our
population was up to that time deprived
of personal freedom Even after this price
less principle was established and recorded
in the Constitution 1t is painful to notice
how often rights of personal liberty are
ignored at the present day.
Principles Of Personal Liberty.
Involuntary servitude' is hard thing
to prevent because it is older than govern
ment older than history, older than civili
zation, especially in the various forms Of
slavery. Captives in war. soldiers. stock
men. peasants. personal attendants have
for ages been put under the control of
class of masters often a small part of the
community. Chattel slaves, men, women
and children, have been a staple article of
commerce on one part of the globe or an
other from the dawn of time until few
decades ago; and there are still some mil
lions of chattel slaves in Turkey and China
and Africa to say nothing OF the immense
population OF Russia. which seems at pres
ent to be in the position of bondmen.
The counter principle of freedom has
striven hard against this debasing influ-
ence. One of the most extraordinary
things in human experience is the way in
which ancient and modern republics have
insisted on freedom and equality and equal
rights before the law-for the ruling classes
human beings who happened to be slaves.
In this country the rights of personal
freedom-particulary freedom from the
personal control of other persons, from
Imprisonment or punishment without the
forms of law, the right to move about
freely and to engage in any calling for
which one is fitted. to find and accept work
anywhere and from anybody = are pro-
tected by ancient tradition. by principles
of the common law, by bills of rights in
the national and State constitutions and by
specific statutes carrying out the Thir-
teenth Amendment. The United States is
really the freest country in the world be-
cause its legal principles OF freedom are
backed up by the national belief in equal
ity of political rights and of opportunity to
make a living. This country has long since
realized the truth of Emerson's famous
saying:
"If you put a chain around a slave you
put the other end around your own neck"
Perhaps the greatest triumph of Ameri-
can free government is the extent to which
the individual makes his own decisions.
Necessary Restrictions on Liberty.
Nevertheless American law. custom and
society all allow and enforce many
straints upon human freedom Prisoners.
of course, come within the exception stated
in the amendment, but we do not always
realize that prisoners are practically slaves
of the State. for the term OF their sentence
or for life. In some of the State prisons
convicts receive the treatment of slaves,