The sun., 1919-07-29
Suggests Four Reservations
Be Attached to Covenant
to Protect U.S..
ARTICLE x. A PROBLEM
Not Necessary to Have Treaty
Reconsidered, He Says in
Letter to Hale.

erick Hale OF Maine, made PUBIC yester-
day.
They are designed to protect the
United States by removing any doubt
as to the circumstances under which
by defining the nature Of domestic poll
Giles which are not to be submitted to the
league; by distinct affirmation of the
Monroe Doctrine, and by serving notice
that the United States under Article x,
is not obliged to undertake any military
expedition unless 1t is authorized by Con-
gress.
Like Elihu Root, Mr.. Hughes believes
that Article X, with its guaranty to
preserve against external aggression
the territorial integrity" of all members
OF the league. is a trouble breeder and
should be eliminated altogether. but II
that is not possible he thinks that
reservation and interpretative statement
might be sufficient for Americas protec-
ton.
Mr.. Hughes dissents from the belief
attributed to President Wilson that II we
make reservations the covenant will have
to be reconsidered by the other nations.
He says:
'If a reservation. as a part of the rati-
hcation, makes a material addition to or
substantial change in the proposed
treaty. other parties will not be bound
unless they assent. But where
there Is simply a statement of the inter-
probation placed by the ratifying State
upon ambiguous clauses in the treaty,
whether or not the statement is called a
reservation, the case is really net one OF
amendment, and acquiescence OF the other
parties to the treaty may readily be in
ferred unless express objection Is made
after notice has been received of the
ratification with the interpretative state
ment forming part of It
The Hale-Hughes correspondence fol-
lows:
UNITED STATES SENATE.
July Is, 1919.
Hon. Charles Evans Hughes.
SO Broadway,
New York City.
My dear Judge Hughes:
Many of us In the Senate are In favor
Of having the United States enter a
League of Nations provided that in do
ing SO we do not sacrifice the sovereign
ty or Traditional policies of our country
We. believe that the proposed covenant
for a League of Nations in the Peace
Treaty now before the Senate does make
such a sacrifice. Rather than take the
covenant as 1t now stands. am very
certain that considerably more than one
third of the Senate would refuse to rati-
fy the treaty altogether. AS far as I
am personally concerned l do want
to see this happen. and do want to see
some plan devised whereby the
United States may safely enter the
League of Nations. 1t has seemed to
some of us that this result could best
be accomplished by attaching certain res
ervations to the proposed covenant
which would limit the participation by
the United States in the league. I shall
be very glad II you will give Inc your
opinion as to the validity of such reser-
vations and also as to what reservations
in your judgment should be made to
safeguard the interests of our country.
Sincerely yours.
: FREDERIcK HALE.
Text of Hughes's Letter.
July ~. 1919.
Hon. Frederick Hale,
United States Senate,
Washington, D. c.
Ny dear Senator Hale:
am in receipt of your letter Of July
IS, and It. gives me pleasure to comply
with your request for my opinion with
respect to the validity and advisability
of reservations on the part of the United
States In entering the proposed League
of Nations.
Permit me to state at the outset the
point of view from which I think the
questions should be approached. There
Is plain need for q league of nations,
in order to provide for the adequate de-
velopment of International law. for Gre
ating and maintaining organs OF inter-
national justice and the machinery Of
Cancellation and conference. and for
giving effect to measures OF interna-
tional cooperation which from time 10
time may be agreed upon. There is also
the immediate exigency to be considered.
It is manifest that every reasonable Of
fort should be made to establish peace
as promptly as possible and to bring
about a condition in which Europe can
resume its normal industrial activity.
I perceive no reason why these OBJ
jects cannot be attained without sacri-
ficing the essential interests OF the
United States. There is a middle ground
between aloofness and injurious commit
ments.
share the regret that suitable steps
have not been taken for the formation
of international legal principles and to
secure judicial determinations OF inter-
national disputes by impartial tribunals.
and that the hope of the world In the
determination of disputes has been made
TO rest 80 largely upon the decision or
bodies likely to be controlled by consid-
erations of expediency. There Is merit
, enough In the proposed plan to make 1t
desirable to secure it, II proper SAFE
guards can be obtained, but 1t Is Just as
futile to exaggerate its value as 1t Is to
see nothing but its defects. One must
take a light hearted view of conditions
In the world to assume that the pro-
posed plan will guarantee peace, or bring
about a cessation of intrigue and Of the
rivalries of interests, or prevent nations
which cannot protect themselves from
being compelled to yield to unjust de-
mands where for any reason great Pow
ers deem resistance inexpedient. Rath-
ar. the proposed covenant should be
viewed as a mere beginning, and while
Il Is important that We should have
beginning It Is equally important that
we should not make false start.
Points Precedent Course.
think that the prudent course is to
enter the proposed league with reserva-
tionsL OF a reasonable character, adequate
10 our security. which should meet ready
assent. and thus to establish condition
on amity at the earliest possible moment.
As TO the validity or reservations
This question has two aspects; first.
with respect to the action on our part
which is essential to the making OF res
eryations which constitute part OF the
OF reservations upon other parties to the
treaty.
AS TO the frst question. 1t is manifest
that attempted reservations will be In
Srsctual unless they quality the act OF