Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-06-23


| able duty. That the treaty will be signed
is now clear from the asscmbIy'a vote.
| 1t may be that there are Germans so
| ill-inforned as to believe that when their
government has signed the treaty the
German people can repudiatr It. But if
so they are ignorant Of the Fundamental
principles on which all international
agreements rest.
This question WAS raised early in the
history Of the United States when the
government of Louis XVI Of France was
overturned. We made treaties with
him in l77S, treaty Of alliance and
commercial treaty. When he was dcposed
and the new French republic sent Genet
over here as its first minister. President
Washington asked Thomas jefferson. his
secretary of state and Alexander Fami!-
ton, his secretary of the treasury,
whether the treaties were still binding.
Hamilton, who was usually able to
think straight on big questions, fatally
miScGnceived the nature and functions of
treaties when he advised Washington
that. as the government of Louis with
"hINIl We itiNI llldOG tilt u SGlItf'' =" dS Nv
longer in existence. we We're under no
Obligations to respect them and had a
perfect right to renounce all obligations
under them.
jefferson, however, sound democrat
that he was. insisted that the treaties
were made with the French nation and
| that they were binding upon whatever
government the French chose to set up.
The principle which he laid down is now
admitted to be one of the fundamental
principles of international law. Its peril
nence to contemporary events makes it
worth while reminding ourselves of the
reasons which he advances in support of
! his position Here is what he wrote to
! Washington:
consider the people who constitute
society OF nation as the source Of all au-
thority in that nation, as free TO transact
| their common concerns by any agents they
! think proper to change these agents indi-
vduaNy. or the organization OF them in
form or function whenever they please;
that all the acts done by those agents under
the authority of the nation, are the acts
OF the nation. are obligatory on them, and
inure to their use and can in no wise he
annulled or affected by any change in the
form of the government or of the persons
| adm miniSterlnR II. consequently tn' treaties
between the United States and France were
not treaties between the United States and
| Louis Capet but between the two nations
of America and France, and the nations
| remaining in existence, though both Of them
| have since changed their forms of govern
| ment the treaties are not annu!led by these
| changes.
This is the application to international
relations of the established rule gov
Nf yorir ino1 apI
agent. The principal is responsible for
the acts of his authorized agent and he
cannot escape responsibility by changing
agents.
The application Of this principle to con-
ditions in Europe will clarity the situa-
ton for those who have been foundering
in confusion. Russia, for example, still
exists as Nation and the international
obligation Aof the Russian people in
Cured by government of the deposed
car did eeaSe when the revolution
began. s,.4ssia may be morally and po-
litically bankrupt, but her creditors have
valid claims upon her assets and those
claims will ultimately be enforced.
The government of the kaiser in Ger
many was the agent OF the German peo-
pie and the German people were and are
responsible for it's acts. They backed
their government with their money and
their lives and they must share in what
ever penalties are to be inflicted upon
them for their crimes. They cannot es-
cape by declaring that they have set up
new government which had nothing to
do with the old offenses. Yet they are
arguing for this. 1t is as if man who
had ordered his chauffeur to murder his
enemy had pleaded when he was detected
in the crime that he must not be pun
shed as he had discharged the chauffeur.
Yes, the German people are responsible
for the horrors of this war, for they
themselves, acting under the direction OF
their agents chosen for that purpose
have been guilty of all of them.
Their new agents, Herr Bauer and his
party, set up in charge of their new gov
ernment, will act not on their own re.
sponsibility but as the men chosen tc
carry out the national will. 1t will not
be particular German political person
alities who will sign the treaty. 1t will
|