TaÌˆgliche Omaha tribuÌˆne. [volume] (Omaha, Nebr.) 1912-1926, 1914-12-21

Aberdeen ara Lord Paimetsfunh
10 my knowledge. took that riRgA
IL / may venture 10 say ne. that
practicable View OF tho guarantees"
Thus did William r. ulndntone IN
1870 dispose Of tht case made out on
the basis Of The guarantee Of Belgian
neutrality In 1898, ! grant the torEna
Of the treaty. I accept the English
statement OF its meaning. ] deny that
the German Empire. confronted BY the
crisis Ia lts destiny az the nrnt days
OF last August, wRs bound 70 respect
Belgian neutrality IN the letter OF the
guarantee by the King OF Prussia In
1879. For my Justification ] refer fifst
10 tho words Of william =. ulanaiune.
which / have quoted already and 20
the words OF the United states Bu-
preme Court, which ] win quote next.
Some years have elapsed since the
agitation Ia this country over what
were known at tho time as the Chi
nese exclusion caBea, A treaty had
been ratified between the Government
OF pekin on the one hand and the
| Government at Washington on the
| other. The letter OF this treaty per-
mittpd Chinese to become residents Of
the United States. The letter Of the
treaty went even further. Chinese re
siding ID the United States were TO
have the privileges OF person and
property possessed by Americans gen.
orally.
Time went on. Congress enacted
the Chinese exclusion act. Pekin
protested against such q fragrant vio-
lation, aB II thought OF a treaty oblt
CATION. The episode at this stage IL
Illustrates the difference between the
| letter OF a treaty and the interpreter
ton OF a treaty. The case arrived In
the end before the Supreme Court at
Washington. That august tribunal
took into account, besides the lam
guage OF the compact with China, the
facts of tho particular case under re-
view and the altered circumstances
never contemplated by the high com
tracing parties. 1 give the words OF
the court on the special point:
1T win not be presumed that the
Legislative department OF the Govern
ment will lightly pass laws which are
IN conflict with the treaties OF the
country; but that circumstances may
arise which would not only Justify the
Government in disrecarding their slip
ulations, but demand in the interests
OF the country that 1t should do so
there can be no question. Unexpected
events may call for a change In the
policy OF the country"
The extract is brief but there Is
nothing In the context OF the decision
to weaken the effect Of these words.
On the contrary, the court cites prece.
dents In the practice Of the United
States, a practice conforming TO that
mass OF customs and of ethics which
Ii all that international law amounts
10. Its specific instance was afforded
By the emant alton Of the united
States from the bondage OF certain
old treaties with the kingdom Of
France.
The Congress OF the new republic
had enacted in this sense toward the
end Of President Washington's Adj
m~inistration, the Supreme Court OBJ
serving on the subject in the Chinese
exclusion case that whilst II would
ALWAYS be a matter of the utmost gray-
ity and delicacy to refuse to ex cute
a treaty, the power to do sc was a pre-
rogatlye Of which no nation could be
deprived without deeply affecting It's
independence"
Prudence as well as morality win
indeed dictate to even the haughtiest
nation the most serupulous obserT-
ance Of both the letter and the spirit
OF every treaty. So much is necessi
tated not alone by the separate inter.
ests OF any one Power but by its posi-
ton as a member In the slsterhood OF
nations. Wanton disregard of its
plighted faith would justify the expuI-
sion Of even the greatest Power from
the community of civilization. But
wanton disregard Of the plighted faith
given by the rulers Of a nation to its
people entails consequences no less
serious.
Behind the rulers OF a nation are
the people Of that nation-the millions
whose welfare takes precedence OF the
phrases Of diplomatists and the tech
nicalities Of negotiation. Germany,
menaced by Russia longing to go TO
Constantinople, by England trembling
for the sceptre of the sea, by France
|, aching to resume her old dominion OF
Europe, stood at Armageddon. BY way
Of consolation she wal offered q serap
!, of paper and invited to accept the in.
terpretation placed upon 1t by the
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