Evening journal., 1919-07-28


Sincerely yours,
FREDERICK HALE.
July q. 1919
Hon. Frederick Hale
United states Senate,
Washington, d. c.
Ny dear Senator Hale:
I am in receipt Of your letter Of
July IS, and IL gives me pleasure TO
comply with your request for my
opinion with respect TO the validity
md advisability Of reservations on the
part OF the United states in entering
the proposed League OF Nations.
Permit me- 20 state at the outset the
point Of view from which ! think the
questions should be approached. There
Is plain need for a league Of nations.
In order TO provide for the adequate
development OF international law. for
creating and maintaining organs OF
International Justice and the machin
cry Of concilation and conference. and
FOR giving effect 10 measures Of inter
national cooperation which from time
10 time may be agreed upon. There
Is also the immediate eXigency 10 be
reasonable effort should be made to
establish peace as promptly as pos
sible and 10 bring about a condition in
which Europe can resume IFS nor
nal industrial activity.
perceive no reason why these OBJ
iscts cannot be attained with sacri-
Ilcing the essential interests Of the
United states. There is middle
ground between aloofness and injur-
ious commitments.
/ share the regret that suitable steps
have not been taken for the formation
pf international legal principles and
10 secure Judicial determination OF in
ternational dispute by impartial tri-
bunals, and that the hope OF the world
IN the determination Of disputes has
been made TO rest largely upon the
hecision Of bodies likely 10 be con-
trolled by considerations Of expediency,
There is merit enough in the proposed
plan 10 make IL desirable 10 secure it,
n proper safeguards can be obtained,
but 70 Is Just as futile 10 exaggerate
its value as 10 is 20 see nothing but
its defects One must take a light
hearted view Of conditions in the world
10 assume that the proposed plan VIII
guarantee peace, or bring about ces-
sation Of intrigue and Of the rivalries
Of interests. or prevent nations which
cannot protect themselves from being
compelled toi yield 10 unjust demands
where for any reason great Powers
deem resistance inexpedient. Rather,
the proposed Covenant should be view
ed as a mere beginning. and while it
a. hnt eh
beginning. 10 Is equally important that
we should not make a false start.
I think that the prudent course IS
20 enter the proposed League with
reservations Of reasonable character.
adequate to our security, which should
meet ready assent. and thus TO estsb-
lish a condition Of amity az the ear
liest possible moment.
As 20 the validity OF reservations:
This question has two aspects; First.
with respect 10 the action on our part
which Is essential 10 the making Of
reservations: and. second. as to the
eject Of reservations upon other par
ties TO the Treaty.
As 10 the frst question. n Is manifest
that attempted reservations will be in
effecfual unless they qualify the act Of
ratification The adoption OF resolu-
tions by the Senate setting forth its
VIEWS will not affect the obligations
Of the Covenant. n IL is in fact ratified
without reservations which constitute
part NJ the instrument Of ratification.
ne the Senate should adopt reserva-
tions by a majority vote, assume that
these will be made part Of the pro
prosed resolution Of assent 10 the
Treaty. and the question will then be
whsther the senate will give its assent.
with these reservations. by the requis-
ite two-thirds vote II the proposed
reservations are reasonable. the respon-
sibilifv for the defeat Of the Treaty, II
10 IS defeated. will lie with those who
refuse the vote essential 70 the assent.
II 4he senate gives its assent 10 the
Treaty. with reservations. the concur
rence Of the President will stlll be
necessary, as ratification will not be
complete without his action. and the
responsibility for a refusal to give the
ratification with the reservations as
adopted by the senate as a part Of the
instrument Of ratification would thus
lie with the President.
Assuming that the reservations are
made as a part OF the instrument Of
ratification, the other parties TO the
Treaty will be notified accordingly. As
a contract, the Treaty Of course will
bind only those who consent TO IL. The
Natisn making reservations as a part Of
the 3nstrument Of ratification is not
bound further than II agrees TO be
bound And n a reservation, as a part
OF the ratification makes a material ad-
dition TO, or a substantial change in,
The proposed Treaty. other parties will
not he bound unless they assent. It
should be added that where a treaty IS
made on the part Of a number Of ma