The sun., 1919-08-20

son of it's international character and
its participation in a number of questions
that Germany was interested in?
The Prestdent-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 Presldcnt--Yes.
Senator Borah-Mr. President, coming
back for a moment to the subject from
which we were diverted moment ago,
and coupling with Article X, Article xI.
in order that we may have the con-
struction of the committee which framed
the league as to both of those articles,
as understand II from your abatement,
the committee's view was that the obli-
cations under Articles X. and NJ, what
ever they are, are moral obligations.
The President-Remind me of the
eleventh. 1 do not remember that by
number.
Senator Borsh's Anxiety.
Senator Borah (reading) 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
that may be deemed wise and effectual
to safeguard the peace of nations" What
am particularly anxious to know 10
whether or not the construction which
was placed upon these two articles by
the committee which framed the league
was one that was binding obligation
from legal standpoint or merely moral
obligation.
The President--Senator. tried to an
swer with regard to Article X.
Senator ROrah--YeR aXaCtiY.
The President--I would apply II
eoually with regard to Article XII,
though 1 ought to hasten to say that
we did not formulate these interpreted
tions. 1 can only speak from my con-
fident impression from the debates that
accompanied the formulation of the
covenant.
Senator Borah--Yes. understand,
and your construction Of Article NJ. Is
the same as Article x.
The Preeident-Yea
Senator Borah-As to the question of
legal obligation. That is all 1 desire to
ask at present.
Senator Harding-Right there, Mr..
President, IL there is nothing more than
a moral obligation on the part of any
member of the league what avail
Articles X. and XII?
The President--why, Senator, 1t is
surprising that that question should be
asked. II we undertake an obligation
we are bound in the most solemn way to
carry 1t out.
Senator Harding-The point am try
ing TO get at is, suppose something
arises affecting the peace of the world
and the council takes steps as provided
here to conserve or preserve and an
nounces its decision, and every nation
in the league takes advantage of the
construction that you place upon these
articles and says, well, this Is only
moral obligation and we assume that
the nation involved does not deserve
our participation of protection" and the
whole thing amounts to nothing but an
expression of the league council.
The President-There is a national
good conscience in such a matter. 1
should think that was one of the most
serious things that could possibly hap
pen. My understanding, when 1 speak
of legal obligation, I mean one that
specifically binds you to do a particular
thing under certain sanctions. That is
legal obligation. Now a maral obliga-
ton is, of course. superior to legal
obligation and If I may say so. has
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 upon
one in those circumstances to do that
thing. In every moral obligation there
is an element of judgment; in legal
obligation there is no element of judg-
ment.
Suggests a Specific Case.
Senator Harding-To clear my slow
mind, Net me take a specific case. Sup
pose the allotted territory which comes
under the control of Italy should in
some way be assailed from the Balkan
States and the council of the league
should Immediately look upon that as
a threat of war involving other nations
and should say that the nations of the
league should Immediately contribute
an armed force to stop the war or to
bring the attacking nations to terms
would We be a perfidious people. II may
use that term, would We violate our
obligations If we failed to participate
in the defence of Italy2