The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-02

language or OF logic is sheer nonsense,
and yet this article purports to lay down
one OF the fundamental precepts Of the
plan. One Is tempted to believe on casual
reading that this Is mere infelicity of
expression and that after all the mean
Ing may be plain; but further study
raises a serious doubt, because 1t Is not
at all clear whether the document sets
up one or two operating entities for its
enforcement, as the following extracts
will show.
ARTICLE 1 prescribes that The action
OF tho High Contracting Parties under
the terms of this Covenant shall be eff
fected through tho fundamentally OF
meeting OF body Of delegates repre- sont-
ing the High Contracting Parties, and
not OF the League
Article IL declares that any war or
threat OF war Is a matter of concern to
tho League. and that the High Con-
tracing Parties reserve the right to take
any action that may be deemed wise and
effectual to safeguard the peace OF ma
tons Assuming the language is care
fully chosen. II is obvious that Il 10 quite
impossible for the League itself, which is
the creature OF the High Contracting
Parties. to reserve a right against the
parties creating It. and yet 1t Is quite in
High Contracting Parties who create the
League reserve q right as against the
League itself.
Mandatory Communication.
Again In the last paragraph of Article
10 the High Contracting Parties agree
to establish a Mandatory Commission
which shall. tuter ala, assist the League
In insuring the observance Of the terms
Of all mandates.
Article Is provides that In case a dis
pute between the States, members of the
League has not been submitted to ar
bltration under Article 10 (and possibly
12) then The High Contracting Pdrties
o0rcc that they will refer the matter to
the Executive Council but either purtt
TO the dispute may give notice OF the ex-
istence Of the dispute to the Secretary
General of the League.
Under Article is the High Contract
ing Parties agree that the League sharl
be Entrusted with general supervision OF
the trade In arms and ammunitions, etc.
etc 1t would be absurd here to sub
stitute League for High CONTRACTING
Parties so that the sentence would read
The League agrees that the League
shall be intrusted. etc
Again in Article Fl The High Con-
trdcttn0 Parties agree that provision
shall be made through the tnstrtimentdl-
ity Of the League to secure and maintain
freedom of transit and equitable treat
ment for the commerce OF all states
members OF the League Obviously here
the High Contracting Parties and the
League can scarcely refer TO the same
operating entity.
How important this matter OF a DOS.
sible double International entity Is, be-
comes at once apparent when II is OBJ
served that the provisions OF the super
covenant OF Article 10 reads The Hioh
Contracting Parties undertake to respect
ond preserve as against external aggres-
sion the territorial integrity and cristin O
political independence Of all states mem.
bers OF the League
Burdens May he Crushing.
II shall later comment upon other cove
nants Of the High Contracting Pdrttes
when II will become increasingly appar-
ent how Indispensable II becomes to have
this point cleared UP. because II the High
Contracting Parties do not comprise
every state that Is a member OF the
League. then the burden assumed by the
High Contracting Parties (whoever they
may be. possibly the Big Five) is
crushing III its weight.
"One other point closely akin TO the
two foregoing should be considered here
The text as printed in the Official Bulle-
tin is entitled Covenant on the League
of Nations Now the term League oil
Nations as applied to the organization
contemplated by this Covenant IL, II
Judged by popular conception. a decep-
tive misnomer. The popular thought Is
. that a League OF Nations means a
league of all the nations OF the world
Such. however. is not the League pro.
vlded for in the document now before us
save in remote contemplation, for under
this proposed plan the nations of the
world are divided into three classes:
First. 'Signatories' of the Covenant
these are not named but It is assumed
they will include and possibly be con-
fined 10 the FIVE great Entente Powers
that is to say. tho British Empire
France, Italy, Japan and the United
States:
Second. States not signatory TO the
Covenant, but named in the protocol at
tached TO the Covenant no informa.
ton is given as to who these states are
though surely they will include such
Entente Powers. II any. as are not sigma
tories as well as certain other states
Third, those states which are neither
signatories nor protocol states and which
must. to be admitted to the League, bt
prepared to give certain effective guar
antees as to their intention to be bound
by their international obligations. These
latter are outcast states and presum-
ably include the Central Powers and
their allies in the war.
, Thus a League OF Nations in the
sense OF all the nations is not created
by this document. nor are the states
members of the League treated as
equals as Is apparent and will be more
fully shown when II Is considered that
the governing body of the proposed
League, namely, the Executive Council
is made up OF representatives OF only
nine states.
But the term League is a MISSIONER
in another and really vital matter. Fol-
a league connotes n confederation, and
a confederation implies a right in the
! several parties TO withdraw at their
will. But there is no right of secession
within the four corners of this Cove
nant. On the other hand, the associa-
ton here provided for is a union In the
full sense OF that term as applied to our
own political institutions. Once in this
union and we remain there no matter
how onerous its gigantic burdens may
become. No matter how great the dis
taste and revulsion our people may have
for It. We must remain members until
either We persuade all the states repre-
scented in the Executive Council and
three -fourths OF those represented In the
body OF delegates to bid us depart ir
peace. or until the League crumbles OF
its own weight or is destroyed by Its
enemies. or until we fight our way OUT
against the British Empire. France