The sun., 1919-08-20

tween members of the league the
matter involved is claimed by one
OF the parties. "and is found by the
Council to arise out of a matter
which by international law is
solely within the domestic juris-
diction Of that party, the Council
shall so report, and shall make no
recommendation as to its settle
ment."
Domestic Questions yafeguarded.
The United States was by no
means the only Government jim
terested in the explicit adoption of
this provision, and there Is no
doubt in the mind of any authori-
tative student of international
law that such matters as immi-
grafton, tariffs and naturalization
are incontestably domestic ques-
tons with which no international
body could deal without express
authority to do so.
No enumeration Of domestic
questions was undertaken, be-
cause to undertake 1t, even by
sample, would have involved the
danger of seeming to exclude those
not mentioned.
The right of any sovereign
State to withdraw had been taken
for granted. but no objection was
made to making 1t explicit; in
deed, so soon as the views ex-
pressed at the White House con-
Ca Ia1
mission 1t was at once conceded
that it was best not to leave the
answer to so important a question
to inference.
No proposal was made to set
UP any tribunal to pass judgment
upon the question whether a
withdrawing nation had in fact
fulfilled "all it's international
obligations and all its obligations
under the covenant" 1t was rec
ognized that that question must
be left to be resolved by the con-
science of the nation proposing
to withdraw, and / must say that
1t did not seem to me worth while
to propose that the article be
made more explicit. because L
knew that the United States
would never itself propose to
withdraw from the league il it's
conscience was not entirely clear
as to the fulflment of all it's in
ternational obligations. 1t has
never, failed to fulfil them and
never will
Council Can Only advise"
Article y. is in no respect of
doubtful meaning when read in
the light of the covenant as a
whole. The Council of the league
can only advise upon" the means
by which the obligations of that
great article are to be given
effect to. Unless the United States
is a party TO the policy or action
in question her own affirmative
vote in the Council is necessary
before any advice can be given,
for unanimous vote of the Coun-
Gil is required. If she is a party,
the trouble is hers anyhow. And
the unanimous vote of the Coun-
Gil is only advice in any case.
I>dth NTONciilllltiil 10 Tree W TtJtCl
it as it pleases.
Nothing could have been made
more clear to the conference than
the right of our Congress, under
our Constitution, to exercise its in
dependent judgment in all matters
of peace and war. No attempt was
made to question or limit that
right.
The United States will. indeed.
undertake. under Article X. to re-
spect and preserve, as against eX-
ternal aggression, the territorial
integrity and existing political in
dependence of all members of the
league, and that engagement con-
stitutes a very grave and solemn
moral obligation. But it is a
moral, not a legal, obligation. and
leaves our Congress absolutely
free to put its own Interpretation
upon it in all cases that call for
action It is binding in conscience
only. not in law.
Article Y. seems to me to consti-
tute the very. backbone OF the
whole covenant Without 1t the
league would be hardly more than
an influential debating society
No Objections to Interpretation,
1t has several times been sug-
i