Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-08-07
||ASSERTSCOVENANT
l unconstitutional
Senator Kellogg, Urging Res
!: ervations, "WiIIing to Try"
a., League Experiment.
CALLS 1T mo PANACEA"


CALLS 1T mo PANACEA"
III Provisions Of the league Of nations
q covenant imposing obligations on
Congress do not violate the Ameri
can Constitution, and the covenant
can be ratified with interpretive res
ervations without requiring resub-
mission to the other nations, in the
opinion of Senator Kellogg, repub-
1ican. Minnesota, expressed in q legal
argument in the Senate today dealing
with the treaty-makfng power.
Senator Kellogg said he was VIII,
not believe 1t would permanently pre-
vent war; He suggested reservations
dealing with the Monroe doctrine, do
mestic questions and the power of
Congress to decide questions of peace
or war.
Asserts All Treaties Limit Action.
Citing the alliance Of 1878 with
G-ance, the Jay treaty of 1894 and
many other obligations entered into
by the United States the speaker said
there was ample precedent for various
guarantees in the covenant which
have been objected to on the ground
Because a treaty limits sovereign
powerI speak of sovereign power as
the power to make 1awS-it Is not
thereby invalid" he continued. "Ev-
cry treaty we negotiate to certain
extent destroys certain freedom Of
sovereign action. A treaty. of which
we have many, comforting certain
privileges of trade, Is binding, and
II we perform our agreement, it linn
Its legislative action.
Cites Presidents for Validity.
"A treaty does not violate the Con-
stitution because a violation of
of many of our treaties might cause
war II the other party to the treaty
so desired.
ut is claimed that we cannot enter
into q treaty limiting armament, be-
cause Congress alone can raise and
support armies and provide for a
navy. BY a treaty with Great Brit
ain. negotiated in 1917. we agreed to
limit armament on the great lakes.
and no question has ever arisen as to
. its validity"
Many precedents. Mr. Kellogg said.
made 1t perfectly clear that q reso-
: luton of the Senate clearly reserving
= american rights can be made without
destroying the binding effect Of the
ratification"
Believes Monroe Doctrine Excepted
The proponents Of the league" he
continued. 'claim that the Monroe
doctrine is excepted from the juris-
diction Of the council and the as
senhbly OF the league. If this is true
: there can be no harm. and 1t would
seem to be entirely proper for the
Senate, In ratifying the treaty, to de-
clare its Interpretation of this clause.
Ny own personal opinion is that the
Monroe doctrine is sufficiently desig.
: rated to be excepted from the juris-.
dfction OF the league.
Says Senate Should Preserve Right.
Article Is would seem to confer
upon the council Jurisdiction to de-
termine whether q particular question
which may.farise 10 or is not, by in
: irrational Law. solely within the
Jurisdiction Of q partysto a dispute,
IS. for example, questions relating to
immigration. coastwfse traffic, tariff
: and other matters It would seem,
therefore. not only proper. but the
duty OF the Senate, In ratifying a
7 treaty. to declare its understanding
that these questions are solely
within the jurisdiction Of the United
Urges Reservation in Article <.
Respecting article x, the question
Is somewhat different, ] am not in
: favor of striking this article out of
! the league entirely, but there are
some grave objections to this guar
anty as it stands. I believe there
should be some reservation constru-
ing this clause In such a way that 1t
shall be absolutely clear and certain
that the function Of the council is
simply to serve in an advisory ca
pAcity. SO that the other. signatory
powers will thoroughly understand
that the Congress Of the United States
J. has the sole and exclusive power to
declare war. --',i -.
Willing to Try Experiment.
Il am anxious that this treaty
should be ratified at the earliest pos
. sible date. ] do not expect that the
league will permanently prevent war
to some extent an experiment, but 1t
is an experiment am willing to try
or that 1t will be q complete panacea
for all the evils which threaten the
Z peace Of the world. realize that it is
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