The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-15
s
LODGE LEADS FIGHT
/. TO AMEND TREATY
Opposition to Entangling Fea-
lures, Including League,
Grows.
SENATE ACTION UPHELD
Precedent and Decision Of
Court Give Right to
Make Changes.
SENATE ACTION UPHELD
Special D,spafeA 10 TH, spS

Special Despatch 10 The suS.
WARRINGTON. May 14.-Under the
leadership OF Senator Lodge the Sena.
tors opposed to the entangling features
OF the peace treaty. including the League
or Nations covenant are confident that
amendments can be adopted which will
eliminate the new International compli-
cations and safeguard the traditional
policy of the United States. There is
no longer room for doubt that the op-
position Is going TO fight the covenant
to the finish with no wavering In re-
Spouse to whatever pressure comes from
Z the organized nation wide educational
campaign" built up for the specific
purpose of creating pro-League senti-
mont -
Senator Lodge has made II clear tn.
Senate has not only the right bat the
duty to amend the treaty II 1t Is Judged
advisable. On this point the opposition
10 going to be guided by Senator Lodges
own Interpretation Of the treaty making
I powers of the Senate. 1t develops now
that the question OF whether the Senate
could amend treaties under conditions
In some respects similar to the present
case has been UP for discussion and
caused Senator Lodge at that time to
present the law governing the Senate's
rights in complete and concise form.
Our system OF treaty making is e.
tablished by the Constitution and has
been made clear by long practice. and
uniform precedents." Senator Dodge
points out.
The American people understand It
and those who conduct the government
Of other countries are bound to under
I'm hat
tietions with US. There is no excuse for
any Misrepresentation. 1t Is we'll also
that the representatives OF other nations
should remember. whether they like our
system or not. that in the observance OF
treaties during the last 125 years there
is not a nation In Europe which has
been so exact as the United States not
one which has a record so free from
examples Of the abrogation Of treaties
at the pleasure Of one OF the signers
alone" go.
Senate Powers Defined.
ate could amend treaties Senator Lodge
said: -
The power of the Senate to amend
or to ratify conditionally is of course
included In the larger powers expressly
granted by the Constitution to reject
or confirm. 1t would have never &C.
CURED to me that any one who had
read the Constitution and who possessed
even the most superficial acquaintance
with the history Of the United States
could doubt the right OF the Senate
TO amend. But within the last year
I have seen this question raised. not
loosely so far as one could see but
quite seriously. 1t may be well. there
fore. to point out very briefly the law
and the facts as to the power of the
Senate to amend or alter treaties g.,
TN 1873 the Senate amended the Jay
treaty. ratifying II on condition the
twelfth article should be suspended.
Washington accepted their action with
out word Of comment as II It were n
matter OF course. and John Marshall In
his life of Washington has treated the
Senate's action OF that memorable &C.
casion In the same way From that
day to this, from the Jay treaty in 1898
to the alien property treaty with Great
Britain In 1900, the Senate has amended
treaties and foreign Governments. recog-
nixing our system and the propriety OF
the Senate's action. have accepted the
amendments. A glance ut the passas es
which have been cited from the mes
sages OF the Presidents is enough to
disclo0e the fact that no President has
ever questioned the right Of the Senate
to amend. and that several Presidents
have invited the Senate to make amend
ments as the best method OF continuing
the negotiations. In this, however. we
are not left to deduce the obvious right
of the Senate to amend from an I'M
broken line of presidents and the I'm
questioned recognition Of the right by
the Chief Executive.
Supreme Court Ruling.
ION this point we have a direct and
unanimous declaration by the Supreme
Court OF the United States.
'In Haver Va. Yaker. Mr.. Justice
Davis delivering tho opinion Of the Court
said: In this country a treaty ID SOME
thing more than a contract for the Fed
eral Constitution declares it to be the
law OF the land. II 80 before 1t can be-
come law the Senate in whom rests
the authority to ratify it must agree
10 It.
"'But the Senate is not required to
adopt it o. reject it as a whole but may
modify or amend II as was done with
the treaty under consideration
This decision of the court is con-
elusive" Senator Dodge adds. ~ any
doubt had ever existed as to the amend
ments powers of the Senate.
The Massa chusetts Senator then cites
cases where the United States Senate
has amended and altered treaties.
Senator Lodges authoritative interpre-
tation of the Senate's rights is going to
guide the opposition in the night for
amendments, One Senator expressed the
view to-day that only one Republican
Senator McNary OF Oregon. is ready to
vote for the covenant as II now stands
Senators from the West report strong
and increasing sentiment against the
covenant Senator Borah said he be-
lieved secret ballot OF the West would
show a vote of 2 to l against II. As
several Democrats before the last ses-
sion ended expressed their chagrtn at
not being given opportunity to sign the
Lodge round robin. leaders of the op-
position are convinced they will have
more than enough votes to carry amend
ments.