New-York tribune., 1919-04-30
Qualified Ratification

ne reservation, IN the nature or an
amendment, attached by the Senate
when it ratified the Algeciras treaty Of
1906 has been mentioned as showing the
form of language employed at former
time when there was real desire to
make certain that adhesion to general
convention did not impair the Monroe
Doctrine.
1t was declared by the Senate, and ac-
cepted by the other powers, that partici-
patton in the formation and adoption of
the Algeciras act was without purpose
to depart from the traditional American
foreign policy which forbids participa-
ton by the United States in the settle
ment of political questions which are en-
tirely European in their scope"
But of even greater present signifi-
cance, because of its bearing on the ques-
ton of what the Senate may do with re-
spect to a combined peace treaty and
covenant, was the assertion by us and
the allowance by other nations of the
doctrine that the Senate of the United
States. when acting on treaty, may at
tach provsos when ratifying, and that
these provisos can be implicitly accepted
by the other parties to the contract with
out affecting the validity of other parts
of the instrument. Establishing this is
the following from the Senate resolution
ratifying the Algeciras conventions:
Resolved, further, That the Senate,
of ,f e
understands that the participation of the
United States in the Algeciras conference
and in the formation and adoption Of the
general act and protocol which resulted
therefrom was with the sole purpose Of
preserving and Increasing it's commerce
in Morocco, tho protection as to life, lib
crty and property of it's citizens residing
or travelling therein, and of aiding, by
it's friendly Offices and efforts in retnov-
ing friction and controversy which
seemed to menace the pence between the
powers siGnatory with the United States
80 the treaty Of 1880, all Of which are on
terms Of amity with this govcrnmont.'
The foregoing shows with sufficient
clarity that the Senate can make reser-
vations when ratifying. The limited AL
geciras agreement became binding on US
as far as it went, we recognized by the
other signatorlcs as a special partner as
it were.
But there is an older and even more
perfect precedent. In 1890, at Brussels,
hy a conference attended by representa-
yes OF twenty-six nations, was nego-
stated d general treaty with respect to
joint action for the suppression of the
african slave trade. The text seemed
to recognize the validity of territorial
boundaries then existing, just as Article
\ of the present covenant guarantees
tao validity of boundaries as they now
exist or are being traced at Paris. 1t
vas believed by the Senate that this was
dangerous, SO it ratified follows:
Resolved, further, os q part of this
oct Of ratification, That the United
States OF America, having neither pos
sessions protectorates in Africa,
hereby dsclaims any intention, in ratify-
ing this treaty, to indicate any interest
- whatsoever in the possessions or protec-
torates established or claimed on that
continent by the other powers. or anv
lawfulness thereof and does not ioin in
any expressions in the said general act
winch might be construed as such a dec
iaration or acknowledgment, and, for this
reason that 1t is desirable that copy Of
TINS resolution be inserted in the protocol
70 be drawn up at the time Of the ex
change OF the ratifcations Of this treaty.
on the part OF the United Statesn
This ratification was accepted az suf-
hcient by the other sgnatories. "Thc
ratihcatlon Of the United States hav;ng
been found in good and due FORM" cer-
tlhed the Belgian Foreign Minister who
acted as executive officer for the con-
ference, acknowledgment Of their de-
posit is equally given to his Exce]lencv
Mr. Edwin H. Terrell"
In his Metropolitan Opera House ad-
dress President Wilson boasted the cove.
nant would be so articulated with tha
peace treaty proper that the two could
not be dissccted apart; that, therefore
IL would be necessary to accept the cove
hanc IN toto Or not agree to the peace
many nard-breathing advocates Of p1,sn-
ing whole have urged the same idea. II
mas been said it Is legally and practically
impossible TO make reservations erJ
ratify at the same time. No proper
basis for this contention Is discoyerable
ihe precedents, as we'll an common sense
are against 1t.
II the Senate shall gee fit to qualify
its ratification no as to disclaim the re.
gpongibilitics irnuosed. for exa,cr,o !,