The sun., 1919-03-20
ENANT BASICALLY SOUND-BRANDS OBJECTIONS 'BOCIES'

litical Independence Of the other members
OF the league, because this may involve
war and that the obligation 10 prevent
commercial intercourse with the people
OF an offending country Ia contrary to
the provision which confers on Congress
the power to regulate commerce with
foreign nations. II is commended that a
treaty which regulates any Of these
things impairs the power OF Congress to
do SO and In, therefore. unconstitutional.
Now It 80 happens that all these
things have been regulated by treaties
already made. still in existence, and duly
ratified by the Senate. Treaties regu-
lating commerce in various ways have
been common. and are too numerous to
require citation. No doubt they have
often boon authorised by Congress, but
30 can this covenant IL II Ia deemed
necessary. with that authorization. and
sometimes without It, there has been no
question Of their constitutionslity.
The Limitation of Armaments by
treaty Is very old. More than 100
years ago. in 1917, an agreement was
made with England to limit the naval
forces Of the two countries upon the
Great Lakes. It was approved by the
Senate, put into effect by proclamation
OF the President, aias been in force ever
since. and been faithfully observed to
the great satisfaction OF every one con-
cerned. 1t Is fortunate no one discovered
that II was unconstitutional, for in this
country this means that 1t is beyond
the power of those making 1t, and hence
null and void But IL the treaty was
void England or the United States could
at any moment have built a navy on the
lakes without breaking It, for there is no
such thing as breach OF a void treaty.
II makes no difference whether this was
In form treaty. for It was an interna-
uonal agreement approved by the Senate.
Treaties to guarantee tho integrity
and independence Of another country
are OF a more recent Date. Article IS Of
tho treaty Of 1886 states that the United
States guaranteed. positively and effica-
ciously. to New Granada, by the pres
ent stipulation. the perfect neutrality of
tho before mentioned isthmus, with the
view that the free transit from the one
to the other sea may not be interrupted
or embarrassed In any future time In
which this treaty exists; and in conse-
quence the United States also guarantee
in the same manner, the rights of SOW
ereiSnty and property which New Ora
NADIA has and possesses over the said
territory
In like manner the treaty of 1908
with Panama states In its first article !:
The United States guarantees and will
maintain the independence Of the Repub-
lice of Panama Still more recently the
treaty with Hayti ratified BY the Senate
on February IS. 1916, provides in
Article XIV. that the United States
will lend an efficient aid for the preser-
walton Of Haytian Independence Each
OF these treaties Implied going to war II
M ., La
within the last few years the So
called Bryan treaties have been made
which cover the remaining point, that
or an agreement not TO go to war before
arbitration The treaty with Great
Britain, ratified by the Senate on Sep
tember 20, 1914, Is a good example OF
this series Of agreements. In the first
article 1t provides for the reference to
an international commission of all dis
putes OF every nature whatsoever the
settlement of which is not already pro-
vided for and in fact achieved under
existing agreements, and adds that the
high contracting parties agree not to
declare war or begin hostilities during
such investigation and before the report
Is submitted During the years from
1914 to 1915 treaties Of this kind. duly
ratified by the Senate. were made with
Bolivia, Brasil, Chile. China, Costa Rica,
Denmark. Ecuador. France, Great Brit
ain, Guatemala. Honduras, Italy, Nor
way. Paraguay, Peru, Portugal, Russia
Spain. Sweden and Uruguay.
Calls Attacks . Little Late.
1T is little late in the day for op-
ponents Of the covenant of Paris to dis
cover that it's treaty obligations are I'M
constitutional. and hence that all the
foregoing treaties are null and void
This Is particularly true of those Sena-
tors who voted for many Of these trea-
ties. The fact is that treaties touching
any Of these matters are not uncon-
stitutional, because they do not affect
the powers vested In Congress by the
Constitution. They affect the good faith
Of the nation. and so long as they remain
In force they are the law Of the land.
But Congress does not thereby lose its
power II II chooses to pass an act
violating their provisions the act, though
immoral and a breach OF faith, is not
illegal or void of effect.
Some opponents of the covenant sug-
gest that the United States should be
at the head OF a league to preserve or
der and maintain peace in this hemis-
phere and that European League OF