South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-06-22
The Knox Resolution and the Peace Covenant
Atty Gen. EkahmM Makes Eh Reply to Sen Knocks hsed His Senate. Resolution and Pleads
With Republican Party lot to Make Partisan Issue of League Extra" CoenmhnA Article"

ADlAdA AANNllSldI1to JlSAiA1 MS 10
unwillingness 20 arbitrate. other
wise il would come before the u
ell prejudiced at the outset by APP
pearing e seek a decision based
rather upon political expediency than
upon the principles Of international
law. II is not assuming over much
to say hat such an instance would
be of very rare occurrence.
g.. Sen. Root objected that the
original covenan by covering the
ground OF arbitration and p%rescrib-
ing a new test OF obligation appar-
emily abrogated all the 200 treaties
OF arbitration by which all the ma
lions OF the world have bound them
selves with each other TO submit TO
arbitration all questions arising un-
der international law or the inter-
pr~totion ~ treaties. This objection
is removed BY IN provisions of Ar
ticle X&I OF the revised covenant
which expressly declare.
Nothing in this covenant shall be
G-ereed 10 affect the validity Of in
ternational engagements such as
treaties OF arbitration
The amended covenant, therefore.
preserves in full force the treaties
which Secy. Root negotiated OF be-
half OF this country with Great
Britain, France. Italy. Japan. Spain,
sweden. switzerland and Norway.
Brazil and Ecuador, all of which
bind the United States and those
countries, respectively, 10 refer to
the court OF arbitration
established by The Hague %conven-
ton all justiciable disputes which
may arise between them. and which
do not affect the vital interests. the
independence. or the honor Of the
contracting states, and which do not
concern the interests of third par
ties. 1t is true that these treaties all
require "A special agreement defining
the matter in dispute proposed to be
submitted to arbitration in each in
stance, TO be submitted TO and APP
proved by the United State senate,
before actual proceedings are had.
but they commit the United States
and the countries named to submit
all justiciable disputes which may
arise between them TO arbitration.
Existing Treaties Preserved.
The same provision of the revised
covenant also viii operate to pre-
serve intact the series of treaties re-
gotiated by Secy. Bryan. in 1913
1914. with p different countries,
which were ratified by the senate
without any reservation whatever.
whereby the high contracting par
ties agreed that all disputes between
them of every nature whatsoever.
which diplomacy shall fail TO adjust,
shall be submitted for investigation
and report TO an international COM
mission to be constituted in the
manner prescribed in "A designated
article of the treaty, and whereby
they further agreed not TO declare
war or begin hostilities over any such
question during such investigation
and report.
9. Sen. Knox objected 10 the
original c~ovenan that it laid down
no principles, rules or regulations by
which the governing body was TO be
guided. The declaration in Article
KIT Of the character of disputes
which are generally suitable for sub
mission TO arbitration: the statement
that such disputes should be con-
sidered by the court of arbitration;
the declaration Of the purpose of the
covenant as set forth in the pream-
Bile. namely: The promotion of in
ternational cooperation and the
achievement of international peace
- aaaruws~.- .-..~ aWAa- NAs-~r
by the firm establishment OF the
understandings of international law
as the actual rule Of conduct among
governments" and the express rec
OsnitiOn in Article Nv of information
al law as the basis OF decision as to
whether or not a dispute is solely
within the domestic jurisdiction of
one of the parties-all furnish a
very strong. is not a conclusive rec
ognition of the principles of inter
national law as constituting rules for
the guidance of both the council and
assembly in the settlement Of inter-
national differences.
International Law Code.
10. Sen. Root recommended in
cooperating as an amendment TO the
covenant. a provision requiring the
executive council to call a general
conference of the powers for the
purpose OF reviewing the condition
OF international law. and of agree
Ing upon and stating in authorita-
tive form the principles and rules
thereof. While this amendment is
not included in the covenant. il is
within the general province Of eth
er the council or the assembly 1t
any time 20 appoint a commission
for this purpose. or itself TO consider
and report upon the condition of
the law Of nations. IL may be ques-
toned how desirable it is TO attempt
the statement in the fornI of a code
or written formulation Of the prin-
Fciples and rules Of international law.
That law is a growth. IL is ascer-
tanned from the history Of the inter-
course between nations extending