The sun., 1919-07-04
Leaders Hold 1t Contra
venes Right of Congress
to Declare War.
CASTS DOUBT ON LEAGUE
Alliance Taken as Evidence
That Trainers Had Their
Own Misgfvings.
Special Despatch 20 TIE sur.


tween France and Great Britain has
caused as much amazement as any
step in the peace negotiations which
have been seven months in proer IS.
The recess OF Congress has resulted
in the absence from Washington Of
many Senator's, but a sufficient num-
Der are here to form correct impress
sions Of a large number Of Senator's
toward this pact
These believe that the formation of
the pact was sought by France be-
cause it had no illusions about the
proposed League OF Nations and
wanted an alliance with her two most
powerful associates to prevent future
German aggression. American ac-
ceptance OF the pact-even its accept
ance by the President and his sub
delegate in Paris-is looked upon
here as an open admission that the
proposed League would amount to
little or nothing, II ratified in its pres
ent form by the United States Senate.
A Check on the Senate.
It is admitted. though. that France
NAV have had some misgivings about
the Senate here, despite the Presidents
repeated assurances that the treaty and
the league covenant would be ratified I'M
changed in any particular. and may have
thought the path of safety for herself
lay in taking no chances on Article X.
Of the league being annulled, so far as
America is, concerned, In ratifying the
instrument
Publication Of the text already has
raised another question of paramount
international importance with which the
Senate will have to wrestle when Presi-
cent Wilson returns The terms Of this
alliance. It Is pointed out. stipulate that
the American people must agree in ad-
vance to go Immediately to war in the
event OF Germany launching an unpro>
voked attack or "in case of any unpro-
voked act OF aggression directed against
her IFrance1 by Germany"
II is announced that President Will
con will submit this alliance to the Sem
ate at the same time that he presents
the Peace Treaty for ratification. The
treaty and the alliance are in sense
regarded as bound together because
France accepted the League OF Nations
covenant on the distinct understanding
that the alliances with the United States
and Great Britain would serve to sup
Element Frances security from attack
which Premier Clemence>u believed
would not be sufficient without the sup
Elementary pacts.
strong Opposition Certain.
To defeat the alliance in the Senate
therefore undoubtedly would be a Sc
we're blow TO France and would amount
% refusal to indorse a pledge which
President Wilson already virtually has
given. But, on the other hand, oppo-
s,tion in the Senate Is certain to de-
velop on the ground that the organic
law Of the United States does not per-
nit any sort of an alliance which
pledges the Congress OF the United
states to declare war at some time in
the near or distant future. II Is about
this point that the discussions In the
Senate are certain to revolve according
10 leaders on both sides OF the question.
The Constitution Of the United States
It will be contended. vests in Congress the
exclusive power to declare war. Neither
me President of the United States nor
the President with the advice and con-
sent OF the Senate can take this power
from Congress, according to men like
Senator Knox, for example. In other
words the President and the Senate
composing the treaty making power OF
the Government. cannot absorb covers
which the Constitution specihcalfs gave
10 the Congress and to no other power
according to these Senators. The ques-
tion therefore will be raised as to
whether the Senate legally can ratify
mis- alliance irrespective Of its merits.
The contention on the other side Is
mat ratification OF this pact amounts
merely to an agreement which a future
Congress could either sustain or repudi.
shnW . ~
\ lng the war making power still vested In
y the Congress. but giving France reason
20 believe and hope that American as.
sistance would be forthcoming immedi.
&tely in the event Of unprovoked attack
Future Congresses Not Bound.
Senators favoring the pact will no,
contend that II binds a future Congress.
and will admit that should the emer.
gency arise 1t will be within the province
OF Congress to refuse TO declare war
,no'"ithstanding the treaty. But this
j. certain to draw tbs fire Of Sen.
'tors who do not approve any sugRes
non Of the United States not living ur
40 any promises made or implied
ne question Of what would constitute
an act OF unprovoked aggression on the
paTt OF Germany toward France also
ahittedly looms up as a problem Of
'lHpNN laIlSc' aCCOTulnR TO tnt
text ~ the alliance, II Germany violate.
Nc agreement concerning fortifcations
&c IN any manner whatever this con
SN'ltes "a hostile act" and at once
raises the question whether the United
states Is or is not obligated to prepar,
Tor war
In threshing out this whole question
IN me Senate II is expected that the Ad
n'n!Stration forces will seek to empha
efe the practical advantages OF thi,
assurance to France at this time anC
VIII avoid, so far as possible, arguing
we case from the purely legal OF
theoretical standpoint
The tendency OF the administration 4
.I'oFainate domestic legal problems tc
,"' spirit of the international situation
- beng shown already in matters per
,.,'hR 10 resumption of American trade
S"h 'iermany. Inquiries at the State
department. now show that trade ar
,"hsements will be begun within a few
''O4rs after the blockade is lifted follow.
ing ratification OF the treaty by Ger.
many. II is not improbable that next
-Hohaay will see American business con
'rfns competing with Europeans FOL
'eTman trade despite the announcement
~ me department OF Justice that tn,
status Of peace will not be a fact unit
ne PRESIDENT has proclaimed II or unit
= nc senate has ratified the treaty
-neoretically American trade cannot b.
es4ined until after ratification, Il 4
a but actually It will be resumed a