New-York tribune., 1919-07-29

July 1e, and it gives me pleasure to
comply with your request for my
opinion with respect to the validity
and advisability of reservations on
the part of the United States in
entering the proposed league of ma
tions.
Permit me to state at the outset
the point of view from which | think
the question should be approached.
There is plain need for league of
nations, in order to provide for the
adequate development of interna-
tional law, for creating and main
tanning organs of international JUS
tice and the machinery of concilia-
tion and conference, and for giving
effect to measures Of international
cooperation which from time to
time may be agreed upon. There
IS also the immediate exigency to
be considered. 1t is manifest that
every reasonable effort should be
made to establish peace as promptly
as possible and to bring about a
condition in which Europe can re-
sumo it's normal industrial activity
l perceive no reason why these OBJ
Jects cannot be attained without sac
rltlclng the essential interests of the
United States. There is middle
ground between alocfness and in
furious commitments.
Mistakes Were Made
! share the regret that suitable
steps have not been taken for the
formation of international legal prin-
clples and to secure judicial deter
mlnation of international disputes by
impartial tribunals, and that the
hope of the world in the determina-
tlon of disputes has been made to
rest so largely upon the decision of
bodies likely to be controlled by CON
siderations of cxpediency. There is
merit enough in the proposed plan to
make it desirable to secure it, if
proper safeguards can be obtained.
but it is just as futile to exaggerate
the value as it is to see nothing but
Its defects. One must take a light
hearted view of conditions in the
world to assume that the proposed
plan will guarantee peace or bring
about cessation of intrigue and Of
the rlvalrles of interests, or pre-
vent nations which cannot protect
themselves from being compelled to
yield to unjust demands where for
any reason great powers deem re-
slstance inexpedient. Rather, the
proposed covenant should be viewed
as mere beginning, and while it is
important that we should have a be-
ginning, it is equally important that
we should not make q false start.
think that the prudent course is
to enter the proposed league with
reservations of reasonable charac-
Ter, adequate to our security, which
should meet ready assent, and thus
to establish condition of amity
at the earliest possible moment.
Validity of Reservations
AS to the validity of reservations:
This question has two aspects; first,
with respect to the action on our part
"hlch is essential to the making of
reservations; and, second, as to the
effect of reservations upon other
parties to the treaty.
AS to the first question, it is mani
test that attempted reservations will
be Intellectual unless they qualify the
act of ratification. The adoption of
resolutions by the Senate setting
forth its views will not affect the
obligations of the covenant, if it is
IN fact ratified without reservations
winch constitute part of the instru-
ment of ratification.
If the Senate should adopt reserva-
tlons by majority vote. I assume
that these will be made part of the
proposed resolution of assent to the
treaty, and the question will then be
whether the Senate will give its as
sent, with these reservations, by the
requisite two-thirds vote. If the
proposed reservations are reasonable.
the responsibility for the defeat of
the treaty, if it is defeated, will lie
with those who xafnse to vote es-
sentlal to the assent. If the Senate
gives its assent to the treaty. with
reservations, the concurrence of the
President will still be necessary. as
ratification will not be complete
without his action, and the respon-
slblllty for refusal to give the rati-
flcatlon with the reservations as
adopted by the Senate as part of
the instrument Of ratification would
thus lie with the President.
Assuming that the reservations are
made as part of the instrument of
ratification, the other parties to the
treaty will be notified accordingly. AS
contract, the treaty, of course, will
bind only those who consent to it.
Ihe nation making reservations as a
part of the instrument of ratifca-
ton is not bound further than it
agrees to be bound.
Not Bound Until Ratified
And II a reservation, as a part of
the ratification, makes a material ad.
dltlon to, or substantial change in.
the proposed treaty, other parties
Will not be bound unless thew assent
1t should be added that where a
treaty is made on the part of num-
Der of nations they may acouiesce
IN partial ratification on the part
OF one or more.
But where there is simply a state
lnent of the Interpretation placed bv
the ratifying state upon ambiguous
clauses in the treaty, whether or not
the statement is called reservation.
the case is really not one of amend
ment, and acQuiescence of the other
parties to the treaty may readily be
inferred, unless express objection is
made after notice has been received
OF the ratification with the interpre-
i've statement forming a part of it.
statements to safeguard our inter
ests, which clarity ambiguous clauses
IN the covenant by setting forth our
interpretations of them, and espe-
claily when the Interpretation is one
winch is urged by the advocates of
tne covenant to induce support, can
meet with no reasonable objection.
1T is not to be supposed that such
interpretations will be opposed by
other parties to the treaty, and thew
viii tend to avoid disputes in the fut