The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-27

there may DO of obtaining a unanimous
agreement"
So far as arbitration OF disputes is
concerned. Mr.. Hughes said, the submits
sion provided by tho covenant 10 OPP
tional and does not go beyond existing
practice. Either party may block arbi-
tration II he considers the dispute not
suitable for submission. He continued:
There Is no agreement to comply with
unanimous recommendation latter ref
erence to the body OF delegates). the
agreement being simply not to go to
war against a disputant who does COM
ply with It.
1T Is apparent that the value Of Ar
ticle XII. tno war without arbitration
or inquiry and OF the sanction Of Ar
ticle XVI. lies In the agreement to sub
init disputes to inquiry and to await
the time required for the inquiry.
whether the time allowed for the in
quiry and the facts developed and pub
lished preliminary to or In the course
or the inquiry will lead to a cooling
on, or whether the controversy will be-
come more bitter and finally end in war Is
beyond the range of prophecy. The value
OF an opportunity for cooling or and
OF the requirement to submit to an In
CURRY and the publication of facts and
chOoAu hOt NC uHucTtBIlI1dIeQ, Dut
IL Ii manifest that these provisions fall
far short OF any positive assurance
against war"
The rest of Mr.. Hughes's address. In
which he effectively quoted Elihu Root
on the Monroe Doctrine and reviewed
some OF the serious American constitu-
tionai questions raised by the proposed
covenant. follows:
what League Embraces.
"scopo Of Inquiries By the Leooue--In
connection with these provisions for the
peaceful settlement OF disputes should be
read the sweeping description OF matters
with which the league may concern itself,
as provided in Article XII. as follows:
Amy war or threat of war, whether
Immediately affecting any of the high
contracting parties or not, Is hereby
declared matter of concern to the
league, and the high contracting parties
reserve the right to take any action
that may be deemed wise and effectual
to safeguard the peace OF nations
1T Is hereby also declared and agreed
to be the friendly right of each OF the
high contracting parties to draw the at
tentfon OF the body OF delegates or of the
Executive Council to any circumstance
affecting International intercourse which
threatens to disturb international peace
or the good understanding between ma
tons upon which peace depends
This. properly understood and con-
fined to the proper sphere OF interna-
tional conference, is flexible and practi-
cable. 1t gives voice to the lesson of the
great war. 1t provides the machinery
for consultation, mediation and concilia-
ton. 1t commits to no action. leaves the
door open for the only cooperation that
can properly be contemplated; that is
the cooperation which at the time of the
exigency is deemed to be advisable.
The Need for Caution.
internal Concerns, I'm migration and
TdrtT Ldtcs, &c.-The breadth, however
of the provisions to which I have re-
ferred raises caution and the need OF II
Ia emphasized by the provision OF Article
III. that at the meetings of the Execu-
tive Council any matter within the
sphere OF action OF the league or affect
ing the peace of the world may be deal,
with. Important as 1t Is that there
should be broad opportunity for consul
tation. mediation and Cancellation. 1t is
equally important that this opportunity
should not be made the occasion OF In
trusive inquiries into internal concerns
Attempts to make such concerns the
subjects OF inquiry by the league would
tehd to its disruption and would be likely
to breed troubles rather than to cure
them.
1t has been said that the general
words ! have quoted will have appro-
pirate limitation according to the prin.
ciples of international law. But the
covenant Is a new departure and II
contaius provisions, as for example
60 lat,
ufacture of munitions by private enter
prise. &C.. which Indicate that the field
Of inquiry Is not to be limited by pre-
vious conceptions OF what affects in
ternational intercourse. While the au-
thority does not extend beyond the do.
main Of recommendation, the Jurisdic
ton should be properly defined, els,
that which is intended to heal Difficult
ties may create them.
II tse United States proposes to re
gard her immigration laws, her tariff
laws. and her laws relating TO the reg
ulation OF commerce. including he
coastwise traits, as matters of her eX
elusive concern. then there should b.
appropriate qualifications to the genera
words OF the covenant, both with re
spect to the field of the leagues inqui
ries and as to the submission OF dis
putes. Unnecessary antiquities are no
the friends OF peace The sugges
ton that II is unwise to refer particu
larry to such matters as immigration an,
the tariff shows conclusively that |
would be the height of unwisdom no
to refer to them.
The very fact that even now, wher
any reasonable request should not e
unheeded. we are told that, although
such matters are OF internal concern
reference should not he expressly mad
to them as belonging in that category
shows conclusively that IL Is not safe &
trust this matter to the future. We d.
not wish inquiries stimulated along thes
lines, even though they are only for tn
purpose of securing recommendation
unless we propose to recognize sue
inquiries as appropriate. On this matte
there should be candid and explicit pro
vision, in order that the nation may b
properly advised of what II is proposes
to do. I must assume. until the con
trary is established. that those who ar
in charge OF our interests at Paris wi
see TO 1t that the covenant is suitabl
amended in this respect
THE Monroe Doctrino-It has bee
| said. understand. that the covenant eX
tends tho Monroe Doctrine to the worlC
! This Ia a singularly infelicitous and In
accurate description of the effect OF tn
covenant upon a doctrine which is moth
ing II not a distinctivcly national policy
The reported statement Is based upo
the guarantee contained in Article y
With respect totel ritcrial Integrity an
political independence. The provisio
OF Article X. is In itself. In my Judg
ment, highly objectionable. But in an