The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-20

case Of Doe ct al. v. Braden. 16 Howard
635-657. said: The treaty Ia therefore n
law made by the proper authority and
the courts of justice have no right 10
annul or disregard any OF its provisions
unless they violate the Constitution OF
the United States
Here Is a clear implication that
courts have the power to annul any
treaty which violates the Constitution OF
the United States. The same views were
expressed by Justice Swayne In the ca sc
of the Cherokee tobacco, IL Wallace.
SIS, where he said: 1T need hardly be
said that a treaty cannot change the
Constitution or be held valid II It be In
violation of that instrument
Bound by Constitution.
ALSO Justice Field expressed his
Geofroy v. Riggs, 1873 U. s., 25s. where
he declared as stated by ii. Butler
Treaty Making Power. page 392, that
while the treaty making power OF the
United States extended to all proper
subjects Of negotiation and is In terms
unlimited. except by those restraints
which are found in the instrument itself
against the action of the Government. or
OF Its departments, or from those aris-
ing from the nature of the Government,
itself. and that of the States, II would
not be contended that 1t extends so Gar
as to authorize what the Constitution
forbids, or a change in the character OF
the Government or In that of one OF the
States As stated by Prof. Woosey
The treaty making power must be ex-
ercised for the purpose OF preserving ma
tional life. and not for destroying it.
The Senator looked over the world and
saw internationalism moving at the tor
and at the bottom toward the same end
despotic control. He warned against
this spirit and develop Hent and saw the
League of Nations as an enlargement OF
the conception. He closed with thi,
future war are perceptible in the cove
nant:
Under the provisions OF Article XVI
of the proposed constitution, upon any
refusal on the part OF the United States
as member of the proposed league. Il
comply with the covenants of compulsor,
arbitration of all matters, as set fortl
in Article MI. IL shall thereby ipsc
facto be deemed to have committed al
act Of war against all the other members
of the league. which hereby undertake.
Immediately to subject II to the sever
| ance of all trade or Official relations, tn,
| VI hll DctWoci
other nationals and the nationals OF tn,
covenant breaking state, and the pre-
vention of all financial, commercial, o
personal intercourse between the ma
tionals Of the covenant breaking stat
and the nationals OF any other state
whether a member of the league or not
Would Surrender Independence.
I'm other words, once we have entere,
into this fatal covenant, our failure 4
obey the DEGREES OF the league, or o
| tribunals constituted under tho terms o
it's constitution, automatically makes u
into a state OF war with all the othe
nations composing the league. And thi
Is the frightful compact We are aske'
to make. to surrender our destinies Z
the league, with the awful penalty o
immediate war upon us by all the com
bined nations composing its membership
should we decline in any respect to ODE
the DEGREES of the league. however de
structive they may be OF our happiness
This Is the substitute we are aske