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

son of its international character and
its participation in a number OF questions
that Germany was interested In?
The Pre- sident-Yes.
Senator Hitchcock--Then 1t has a re-
lationship TO the League of Nations even
before the time that it may apply for
membership?
The Presldent--Yes.
Senator Borah--Mr. President, coming
back for a moment to the subject from
which we were diverted a moment ago.
and coupling with Article x. Article XXI.
in order that we may have the con-
struction of the committee which framed
the league as TO both of those articles,
as ! understand 1t from your statement,
the committees view was that the obli-
cations under Articles X. and XI, what
ever they are, are moral obligations.
The northumberland me of the
eleventh. 1 do not remember that by
number.
Senator Borah's Anxiety.
Senator Borah (reading) -"Any war
or threat OF war, whether Immediately
affecting any of the members Of the
league or not, is hereby declared a
matter OF concern to the whole league,
and the league shall take any action
to safeguard the peace Of nations" What
! am particularly anxious to know is
whether or not the construction which
was placed upon these two articles by
the committee which framed the league
was one that was a binding obligation
from a legal standpoint or merely moral
obligation.
Tho Preeident-Senator. / tried to an
| swer with regard to Article X.
Senator Borah-Yes. exactly.
| The PRESIDENT would apply II
equally with regard to Article XII,
though I ought to hasten to say that
we did not formulate these interpreta-
lions. l can only speak from my con-
fldent impression from the debates that
accompanied the formulation OF the
covenant.
Senator Borah-Yes, understand
and your construction Of Article ~. Is
the same as Article Y.
The President-Yes.
Senator Borah-As to the question OF
legal obligation. That is all l desire to
ask at present.
Senator Harding-Right there, Mr.
President, II there is nothing more than
a moral obligation on the part OF any
member of the league what avail
Articles Y. and XII?
The President-Why, Senator, it 10
surprising that that question should be
asked. II we undertake an obligation
we are bound in the most solemn way to
carry IL out.
Senator Harding-The point L am try
ing to get at is, suppose sometime
arises affecting the peace Of the world
and the council takes steps as provided
here to conserve or preserve and an
nounces it's decision. and every nation
in the league takes advantage OF the
construction that you place upon these
articles and says, well, this Is only a
moral obligation and we assume that
the nation involved does not deserve
our participation of protection" and the
whole thing amounts to nothing but ar
expression of the league council.
The President--There Is national
| good conscience in such matter.
should think that was one of the most
serious things that could possibly hap
pen. Ny understanding, when I speak
Of a legal obligation, I mean one that
specifically binds you to do particular
thing under certain sanctions. That II
legal obligation. Now a maral obliga'
ton is, of course, superior to a lega
obligation and II I may say so, has a
greater binding force. Only there al
ways remains in the moral obligation
the right to exercise ones judgment as
| TO whether it is indeed incumbent upor
one in those circumstances to do that
thing. In every moral obligation there
| Is an element Of judgment; in lega
obligation there Is no element OF Judg'
ment.