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

the element Of Judgment enters into 1t
as II does not In the other.
Senator Brandegee - You mean that
Judgment as to whether or not 1t Is a
moral obligation?
| The President-No. For example, you
submit a question of arbitration and
| agree that the decision shall be nnal.
The Judgment of one OF the parties 20
the controversy may be that the deci-
| sion Is q very bad one, but It has to ac-
cent Il the element Of judgment IL ex-
cluced altogether. But with regard to
| the method of fulfilling obligations Of
covenant like that there Ia freedom OF
Judgment on the part OF the individual
members OF the league. It seems to me
that makes a very considerable diner
ence.
L Senator Brandegee--As 1 understand
the President his construction Of Article
* Is that IL the council considers the
question OF external aggression upon
member Of the league, we. having signed
this treaty with Article X. in II, In
which we undertake to preserve against
external aggression the territorial in
| tegrlty OF all members of the league, can
then say II is moral question into
| which the element Of judgment enters,
and we considering our judgment bind
the recommendation of the council. IL
every member of the league Is at liberty
to take that view of its moral and legal
obligations under Article X. and declines
10 do what the council recommends, and
II II Is known IN advance that that Is
the construction placed upon Article X.
by those who framed IL, II does not seem
to me that-and that Is merely my
cpinion-that the terror to wrongdoers
by what is hoped to be a united, con-
certed action on the members Of the
league in the concentration Of its pow
ers to suppress the wrongdoer will have
the effect that the President thinks 1t
will In other words. do not think that
Germany would have refrained from
war IL she had known that Article x.
was in existence.
} Article X. says:
I'm case Of any such aggression, or in
case of any threat or danger of any such
aggression, the council shall advise upon
the means by which this obligation Is
10 be fulfilled"
There is no doubt that that is an obli-
cation in a contract, and know Of but
one way to perform an obligation that
you have contracted to perform, and
that Is to perform It. ! do not think
that Il admits of any qualifications after
you sign the treaty. / want to call at
tention also to the fact that the external
aggression which we undertake, IL we
sign this treaty. TO repel or guarantee
against is not stated in the treaty at
all to be an unwarranted aggression.
l wish to ask the President II the league
were in existence and Hungary and
Rumania were members of II, and Ru-
. mania were in the position she now is.
having raided the territorial integrity OF
Hungary and marched through Its capt.
tai and occupied 1t, and the council. as
its duty would be under the covenant,
considered what was best to be done and
advised us to send Immediately to CO.
operate with them l00, 900 men, whether
we would be at liberty to discuss whether
; we were morally bound by Article X. OF
this covenant and decline to send the
men, and II we were, could We do II
without risking being called an interna-
tional Stacker by the other members oil
the league?
Right of Judgment Remains.
The President-Senator. since you
= have made the case a concrete one
= am afraid I ought not to answer 1t be-
I cause II involves judgment as between
Rumania and Hungary.
Senator Brandagee-I withdraw the
names of the two countries and assume
the circumstances.
a The President-Let me say that / take
4 1. for granted that in practically every
! case the United States would respond
but that does not seem to be the ques'
. ton l quite agree with you that o
4 moral obligation Is to be fulfilled, and
i nm confident that our nation will ful
mn It, but that does not remove IRON
= each individual case the element OF judg
ment which we are free to exercise IT
| Va Ara
= else 1t as the vote OF our representative
: on the council, who will. of course, &C
under instructions from the home GOV
y eminent, and in the second place, we
z are to exercise II when the Presiden
acting upon the action OF tho council
makes his recommendation TO Congress
1 Then Congress is 10 exercise its Judg
!; ,I,cnt as TO whether the instructions Of
the Executive to our member OF th'
= council were we'll founded or not, an6
n whether this is a case OF distinct mora
obligation.
v Senator Brandegee-Now suppose tina
= each member Of the council, as you Siy
Z acting under instructions from Its hom'
Government, including our representative
on the council. should think, for in
8 stance, that Rumania was entirely righ
IN some invasion of Hungary. and pub
lie sentiment was that way. but that ou
y Government instructed our representa-
8 tive 10 vote with the foreign member
of the council to support Hungary-sup
pose the public sentiment OF the othel
members and Of the people OF this coun
try were in favor of Rumania, what sor
n Of a position would We be in to fulni
our guaranty?
It The President-In order to answe
u that question 1 must go a little bi
afield In the first place understand
l. that article to mean that no nation Il
e at liberty TO invade the territorial In
teerity of another. That does not meal
10 invade for purposes of warfare blu
|, to impair the territorial integrity o
: another nation. It's territorial integrt!
i ia not des troyed by armed Intervention
II is destroyed by retention, by takinl
territory away from 1t: that impairs 1t
: territorial integrity. understand tn
n covenant to mean that that Is in n
= case permissible by the action OF
o single nation against another that Their
Is only one permissible method and tina
Is II territorial arrangements are un
Il satisfactory they should be brought L
: the attention OF the world through tn
d league and that then the league SHOULD
Q exercise such rights rs II may be abb
o to exercise for readJustment OF boun
daries
y Falls QuestiOns Received.
= Turning to Senator Fall the Presi
I, dent said Senator Fall, would TIL
l, be a practical suggestion? l have n
objection TO sitting here all day. Indeed