New-York tribune., 1919-06-12
Montana Senator Says They
Are Assailing Covenant
on Theories That Long
Have Been Cast Aside
Cites Roosevelt Speech
Pact Binds Nation to Make
War No More Than Mon.
roe Doctrine, He Ayers

WASHINGTON, June 1f.-Asserting
that opponents of the league of ma
tions have tcumped up many unsup-
portable objections to play upon pop
ular sensitiveness, Senator Walsh,
Democrat, of Montana, defended the
league covenant in the Senate to-day
against charges that it subverts the
American Constitution.
answering Senators Lodge of Mas
sachusetts, Knox Of Pennsylvania and
others who have urged constitutional
objections, the Montana Senator de-
ciared their arguments founded on
theories long since disproved He
quoted many precedents to support his
position that the covenant neither sets
aside any constitutional prerogative
nor assumes any new power in treaty
making.
Charges that the league would be a
"super-state" he declared to be ''mere
defamation" since the organism in
most of the provisions complained of
could only "advise" or recommend.
The celebrated Article 10, he continued,
certainly would bind the United States
to make war in certain instances, but
added that the same obligation had
been assumed by various treaties made
by this government in the past.
"Objection Always Raised"
"The people," said Mr.. Walsh, "have
an intense pride in and just reverence
for their national constitution. If we'll
founded apprehension that any policy
runs counter to the commands of the
organic law can be excited, it serves
often as we'll as u complete demonstra-
tion to accomplish its rejection. 1t re-
suits that scarcely measure of great
national Importance comes before
eithcr branch of Congress that is not
assailed as being unconstitutional
in an address delivered in the SEN
ate on December 18 last by the junior
Senator from Pennsylvania (Senator
Knox question was raised by the
following inquiry and comment:
How could the President, by nego-
tiating treaty, and the Senate by con-
senting to its ratification, bind this
country to declare war? A declaration
is, under the Constitution, a preroga-
tive Of the Congress-
"The covenant does undoubtedly.
should the treaty be signed, obligate
this country to make war But we
have not hesitated heretofore to as
sumo like obligation. We entered
into treaty with the Republic of
Panama, the first article Of which is
follows:
'Article1-The United States guar
antees and will maintain the independ
ence of the Republic of Panama.
Must Fight for Panama
'No one can doubt the significance
of that undertaking. We go to war
with any country that attempts to re-
duce the republic through whose con-
cesslon we built the Panama Canal.
That treaty was entered into in the
year 1904, the late Theoroder Roose-
welt being President of the United
States and Philander C. Knox. now a
Senator from the state of Pennsylvania,
his Attorney General and official legal
adviser.
Among those voting to ratify it
were the following, still members of
the Senate: Senators Lodge, McCum-
Der, Nelson, Penrose, Simmons, Smoot
and Warren.
voluntary obligation assumed by the
United States to respect and preserve
as against external aggression (exter-
nal in this case signifying trans
oceanic) the republics Of South and
Central American"
Senator Walsh quoted a speech by
Theodore Roosevelt accepting the Nobel
prize at Christiania in 1870 as follows:
at would be a master stroke if those
great powers honestly bent on peace
would form league Of peace, not only
to keep peace among themselves, but
to prevent. by force if necessary, its
being broken by otherss. The supreme
difficulty in connection with developing
the peace work of The Hague arises
from the lack of any executive power,
of any police power, to enforce the de-
crees of the courts"
"The theory that the treaty-making
power does not extend to any subject