New-York tribune., 1919-03-12

acter. Note this unwarranted assump-
ton and his argument fails
The President and Senate are to rat
lty this covenant, if it be ratified BY
virtue of their constitutional power
to make treaties. This power, as the
Supreme Court has held enables them
to bind the United States to contract
with another nation on any subject
matter usually the subject matter Of
treaties between nations, subject to
The limitation that the treaty may not
change the form of government of the
United States. and may not part with
territory belonging to state of the
United States, without tho consent Of
the state
"Thc making Of war. OF cmbargocs,
OF armament and of arbitration are
frequent subject matter Of treaties.
The President and Senate may not.
however, confer on any body constitu-
ted by league Of nations the power
and function to do anything for the
United States which is vested by the
Federal Constitution in Congress. the
treatN-mahlng power or any other
branch Of the United States govern
n..nt
Nv hen the treaty provides that the
obligation arises upon a breach of a
covenant and does not make the qucs-
ton of the breach conclusively de-
tcrmnable by any body or tribunal.
then 1t is for Congress itself TO dc
eide IN good faith whether or not the
breach of the covenant upon which the
obligation arises has, in fact, occurred.
and finding that, it has to perform the
obligation.
Constitution Recognizes
"Thesc plain limitations upon the
Federal Treaty making power are
known to nations of this conference,
and any treaty Of the United States is
to be construed in the light of them.
Following these necessary rules Of
construction the provisions of the
covenant entirely and easily conform
to the Constitution Of the United
States.
"Articlc VIII provides that the FIX
ecutve Council shall determine for the
consideration and action of the sew
cral govern ments. what military equip
ment and armament is fair and reason
able in proportion to the scale of force
land down IN the programme of dlsarm-
Ament formulated by it, and these
limits. when adopted. shall not be eN-
ceeded without tho permission of the
Executive Council.
"This leaves wholly to the govern
the proposed limitation. Senator Knox
say that as this recommendation will
be made with the consent of our repre-
sentative on the council. we shall be
in honor bound to accept the limit and
bind ourselves. It is diTlcult to follow
this reasoning. The body which is to
accept the Imitation is the Congress of
tho United States. Why should the
Congress of the United States be bound
President to represent the United
States in this function. in respect to
a matter Of great Importance, under
the control of Congress?
Mandatarics Not Obligatory
Senator Knox conceivcs that there
viii be thrown upon the United States
obligations in res pcct to the backward
countries in Turkey and in Africa
which formerly belonged to the Central
Powers because it would be obliged to
govern as mandatory under direc-
tion Of the Executive Council and
that the Executive Council might re-
qure the sending of American troops
to these distant lands to die in an
unwholcsome climate and to expose
themselves to all sorts of dangers in
remote countries.
at is sufficient answer to this to
part of the United States to accept
obligations as a mandatory. 1t does
not covenant TO do SO, and it is not
likely to do so.
"Senator Knox objects to the pro
vision that no treaties made by mem
bers of the league shall have effect
until after they have been registered
in the office of the league. He says
this IS contrary to the Constitution,
because treaties are to take effect
when ratified by the Senate and pro-
claimed by the President.
Objection Not Formidable
This objection is not very formid
able All this requires is that the
United States shall provide in every
one of its future treaties that ii will
not take effect until the treaty is
registered in the secretariat of the
league. Certainly an agreement on
the part of the United States and the
nation with whom it is making a
treaty as to conditions upon which it
shall take effect are not in violation
of the constitutional requirement to
which Senator Knox refers.
off, as it seems clear from a consid-
Grafton of the language already ex-
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