The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-07-25

AcA&Oa - tnat II makes conferences
over there disputes compulsory in
times OF danger This remains
equally true Of the REVISION.
Critics Not Satisfied.
But tho amendments have not salts
ned the critics. and persistent distor-
ton OF their provisions and the ad-
vancement OF tho most extraordinary
propositions of constitutional law. in
support OF the senate'g opposition to
the ratification. have continued upon
the part Of many Of those who either
oppose any league whatever, or. avow-
ing their approval OF league, see in
the provisions OF this particular league
objections which constrain them to
have none of It,
, Senator Brandegee. in, q statement
given to the press on May 5. condemned
the revision because of its failure to
embody in precise words all Of the
amendments proposed by Senator Root
in his letter of March 20 to Chair
man Hays it might be remarked
that, So gacious as were Senator Roots
suggestions, they had not been adopted
as the program Of the Republican
party, or even of any considerable
number Of Republican senators. They
had the support OF his high authority
as lawyer and statesman. and they
undoubtedly had been taken into seri-
Gus consideration by the conferees. be-
cause much that he recommended was
EN- bodied In the revision. But Senator
Brandegee objected that the conference
failed to create high court OF justice,
or to do more than direct that plans
he formulated for . tribunal whose
only jurisdiction would depend upon
the consent Of the parties: and he OBJ
jected that the conference did not adopt
Senator Roots amendment proposing
that all tusticiable controversies should
he arbttrated by an international court.
1t may be readily conceded that II
would have been better to have adopt
ed Mr.. Roots suggestions in this re-
gard On the other hand. difficulties
such a. were encountered at the Hague
convention in 1907. DOUBTLESS were on
countered in the peace conferences. The
conflicting points Of view between the
English and continental Jurisprudence
were found difficult to reconcile. and
the conference no doubt felt that they
had accomplished . great deal when
they secured an agreement to- be In
serted in the covenant whereby all
parties should be bound either to arbi
trate or to refer the question at dif-
ference to the council. with the pro-
vision which was embodied IN the
amended covenant. specifically agree
ing to refer to arbitra alton any dispute
which should arise between them and
which they recognized to be suitable
for submission to arbitration. adding .
declaration that disputes as to the In
depreciation OF treaty. as to any
question Of international law. IS to
the existence Of any fact which II
established would constitute q breach
OF any international obligation, or as
to the extent. and nature OF the repa-
ration to be made for any such breach"
these being matters which Senator
AH>t
putes-"are declared to be among those
which are generally suitable for sub
mission to arbitration" And that tor
the consideration OF any such dispute,
the court of arbitration to which the
case Is referred shall be the court
agreed on by the parties to the dispute
or stipulated in any convention exist
ing between them"
"a Great Step Forward"
Surely, this does no, weaken the
existing posture OF affairs between the
United States and most OF the other
nations, because while we have exist
ing treaties with a number OF powers
binding the United States to submit
to arbitration 5usticiable disputes
may arise between them. we have also
treaties with twenty-five nations
which commit US to submit to an in
ternational commission for investiga-
S1ObA kGP0EL AAy QI0p0b0 "a WhAS-
ever kind which may arise and which
| shall not be arbitrated. and which
! bind US not to 60 to war over such
dispute until after the report of such
commission. We are. therefore. no
worse Oft under this Covenant and.
indeed, respecting those cases which
are not suitable for arbitration. we
the provisions Of the covenant con-
stitute "a great step forward"
But Mr.. Root now advises the SEN
ate to strike out Article x entirely.
and to ratify the treaty only on con-
dition that that article Be eliminated.
Such a radical amendment neceSsart-
! ly would require resubmtssion OF the
treaty to Germany. its first sisnatory.
and also its submission to every
other power which prior to such ac-
/ ton by the senate should have rati-
| fed the treaty in the form in which
submitted.
Article x Mlsinterprctcd.
/ Article X has been greatly misin-
4 terpreted. Senator Lodge found in It
a provision whereby the United States
should guarantee the political integ-
rity Of the far-nung British Empire"
and other characterizauons quite as
extreme have been INDUCED In by diff
ferent critics. When it Is considered
that the prime purpose OF the cove
nant is to promote international CO.
operation and to achieve international
peace and security: that BY a pro-
vision, which few critics and none OF
the most distinguished ones have OBJ
jected to, it is declared that
ANY war or threat of war. whether
Immediately affecting any of the
members OF the league or not.
is hereby declared a matter Of
concern to the whole league and
the league shall take any action
/ that may be deemed wise and effec-
tual to safeguard the peace OF the
nations
/ tArticle xI)
and when it Is considered that the
treaty Of peace effects a novel political
subdivision of Europe, and respon-
sibility for the administration OF vast
areas of territory in Asia and Africa
and in the Pacific Islands, 1t would
seem hardly revolutionary to provide
that the league should preserve 'as
against external aggression the ter
ritorial integrity and existing political
independence Of ali the members OF
the league" precisely as was recon-
mended by the fourteenth Of the Will