The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-20

recommendation as to its scttle-
ment"
The United States was by no
means the only Government in
terested in the explicit adoption Of
this provision, and there Is no
doubt in the mind Of any authori-
tative student OF international
law that such matters as immi-
grafton. tariffs and naturalization
are incontestably domestic ques-
lions with which no international
body could deal without express
authority to do SO.
No enumeration of domestic
questions was undertaken, be-
cause to undertake it, even by
sample, would have involved the
danger Of seeming to exclude those
not mentioned.
Right to withdraw safe.
The right of any sovereign
State to withdraw had been taken
for granted, but no objection was
made to making 1t explicit; in-
deed, so soon as the views ex.
pressed at the White House con-
ference were laid before the com-~
mission It was a. once conceded
that it was best not to leave the
answer to so important a question
to inference.
No proposal was made to set
up any tribunal to pass judgment
upon the question whether a
withdrawing nation had In fact
fulfilled 'iaIl its international
obligations and all its obligations
under the covenant" 1t was rec
ogHized that that question must
be left to be resolved by the con-
science of the nation proposing
to withdraw. and I must say that
1t did not seem to me worth while
to propose that the article be
made more explicit. because I
knew that the United States
would never itself propose to
withdraw from the league IL its
conscience was not entirely clear
as to the fulfilment of all it's in
ternational obligations. 1t has
never failed to furfil them and
never will.
Article x. Is In no respect of
doubtful meaning when read in
the light of the covenant as a
whole. The Council Of the league
can only advise upon" the means
by which the obligations of that
great article are to be given
effect to. Unless the United States
is party to the policy or action
in question her own affirmative
vote in the Council is necessary
before any advice can be given,
for unanimous vote OF the Coun-
ell is required. If she is a party,
the trouble is hers anyhow. And
the unanimous vote of the Coun-
ell is only advice in any case.
Each Government is free to reject
it as it pleases.
COngress's Rights Secure,
Nothing could have been made
more clear to tho conference than
the right of our Congress, under
our Constitution, to exercise its in
dependent Judgment in all matters
of peace and war. No attempt was
made to question or limit that
right.
The United States will. indeed,
undertake, under Article X. to re-
spect and preserve, rs against ex-
ternal aggression, the territorial
integrity and existing political in
dependence of all members Of the
league, and shat engagement con-
stitutes very grave and solemn
moral obligation. But II is Q
moral, not a legal, obligation, and
leaves our Congress absolutely
free to put its own Interpretation
upon it in all cases that call for
action. 1t is binding in conscience
only, not in law.
Article Y. seems to me 10 consti-
tute the very backbone Of the
whole covenant. Without il the
league would be hardly more than
an influential debating society.
1t has several times been sug-
gested In public debate and In pri-
vate conference, that interpreta.
tons of the sense in which the
United States accepts the engage
ments of the covenant should b
embodied in the instrument a
ratification. There can be no rea-
sonable objection to such inter-
pretations accompanying the act
of ratification provided they do
not form a part OF the formal
ratification itself.
would Give Germans Chance,
Most of the Interpretations
which have been suggested TO me
embody what seems to me tho
plain meaning of the instrument
itself. But if such interpretations
should constitute a part of the
formal resolution OF ratification,
long delays would be the inevitable
consequence, inasmuch as all
the many Governments concerned
would have TO accept, in effect, the
language Of the Senate ms the Lam
guage of the treaty before ratifica-
ton would be compietc
The assent Of the German As
sembly at Weimar would have to
be obtained. among the rest, and
l must frankly say tnat I could
only with the greatest reluctance
approach that assembly for per.
mission to read the treaty as No
understand It and as those who
framed 1t quite certainly under.
stood It.
II the United States were 10
qualify the document In any way,
moreover. I am confident from
what l know of the many confer
ences and debates which accom-.
panied the formulation of the