Evening star., 1919-08-19

kuOWluk.
Senator Pittman: Germany, then. ha'
not expressed herself to the commission
with regard to these mooted questions
The President: No: we have no expires
sion from Germany about the leagu'
except the expression of her very stronl
desire to be admitted to 1t.
Senator Pittman: And is 1t you
opinion that II the, language Of thu
treaty were changed in the resolution
or ratification the consent of Ger
many would also be essential to {
consensus of opinion between Ger
many and the United States?
the President: Oh, undoubtedly.
Reservations Considered.
Senator, lodge: Mr.. President. II
that connection-I did not mean te
ASK another question: take it there
Is no question whatever. under inter
national law and practice, that al
amendment to the text of a treaty
must be submitted to every signatory
and. must receive either their assem-
or their dissent. 1 had supposed Il
had been the general diplomatic prac'
tice with regard to reservations
which apply only to the reservine
OF course-that with regard to reser'
vations 1t had been the general prac-
tice that silence was regarded as ac-
ceptance and acquiescence; that there
was tnat distinction between textua
amendment. which changed the treaty
Tor every signatory. and a reserva,
ton. which changed it only for the
reservfng power. In that I may be
/ mistaken, however
The President: There is some diff.
ference Of opinion among the author
| ities, am informed. have not
had time to look them up myself
about this; but it is clear to me that
/ in treaty which involves so many
n q f0r nn{&r
which would ensue, undoubtedly
would very much obscure our conf
dent opinion as to how the treaty was
| going to work.
Senator Williams: Mr. President
suppose, for example, that we adopted
a reservation, as the senator from
Massachusetts calls it, and that Ger
many did nothing about it at ALL and
afterward cOntended that. 80 far as
that was concerned it was new matter
puted?
The President: No.
More Interested in League.
Senator Borah Mr.. President. with
| reference to article 10-you will OBJ
serve that I am more Interested in
this discussion-in listening to the
reading OF Your statement I got the
impression that your view was that
the first obligation of article 10. to
wit:
The members of the league under
!; take to respect and preserve as
against external aggression the terri
torial integrity and existing political
ind dependence, OF all members Of the
league"
Was simply a moral obligation.
The President. Yes, sir: in as much
as there Is no sanction in the treaty
Senator Borah. But that would be
legal obligation so far as the United
ter into; would it not?'
The President: Yes sir; inasmuch
that way. Senator. because there is
involved the element of Judgment as
existing political independence is
evaded or impaired. In. other words,
it is an attitude of comradeshfp and
protection among the members Of
is moral and not legal. ~.
Senator Borah:. II. however. the
actual fact of invasion were beyond
dispute then the legal obligation. II
seems to. mel am simply throwing
this ont in order to get a full. ex-
tions would Immediately arise IL the
fact of actual invasion were undis.
puted? .s- +.- 49,. 80.
The President: The legal, obligation
to apply the automatic punishments
of the covenant, undoubtedly but not
actually to make war1not the lega
/ oblkeatfon. There might be a very
strong moral obligation.
"would We Be Sole JudgeP"
Senator McCumber: Just so that
may understand definitely what youl
view is on that subject. Mr.. President
do understand you to mean that
while we have two different remedies
be the sole Judge Of the remedy we
would apply. but the obligation would
still rest upon u1 to. apply some
remedy to bring about the result?
The President: Yes. cannot quite
accept the full wording that yot
| freedom Of choice as to the appltca-
/ tion of force.
Senator McCumber: Would we moi
have the same freedom of choice e
to whether we would have the appli'
cation of a boycott? Are they not
both under the same language, &c
that we would be bound by them II
The President: Only in. regard t
certain articles. The breach OF Ger
tain articles Of the covenant doel
bring on what have designated al
would have no choice.
Sees No Legal Obligation.
Senator Knox: Mr.. President. allow
nae to ask this question. Suppose thai
! IT is perfectly obvious and accepted
that there is an external aggression
against some power, and suppose 1t i:
perfectly obvious and accepted that II
cannot be repelied except by force o,
arms. would we be under any .lega
obligation to participate?
The President: No. sir; but we
would be under an absolutely com
pelling moral obligation.
Senator Knox. But no legal obliga'
| ton?
Senator Williams: Mr.. President
each nation, II I understand 1t. is, ol
course. left to Judge the applicability
| Of the principles stated to the facts II
| the case. whether there is or is no
! external aggression?
The President: Yes.
Z Senator Williams: And II any coun'
| try should conclude that there wert
mot external aggression. but thai
| started the trouble indirectly. VIZ
would have the same right. II I un'
derstand it, that Italy had to declare
I that her alliance with Germany ant
/ Austria was purely defensive. ant
that she did not see anything defen'
| sive In It: SO when yoa come to judg
ment of the facts, outside Of the in.
(ternational law involved, each .natior
must determine, If I understand
whether or not there has been ex
ternal aggression!
| Agrees With Mr.. Williams.
The President: I think you arr
right. sir. Senator (addressing Sen
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