Imperial Valley press., 1919-04-22

~ GFeHCY TO iuiiib 4GlDUary or naVal
forces and arna}1enCs in this country |
lr 11r.raIy 10 the ,G.ovision of the |
&1' 3r which Sests in Congress |
" and support ar
g 1igation not TO 20
,avious arbitration. .
. to war urdel Ccr-
s. IS contrary % tne .
in Congress the /
J., ,e,le war; that the same
Is true cf ''- obligation to preserve .
n~-s~sy e.Te'~'l aggression the ter
ateqri,v and political indie :
ne'.''',>. pl ,"e other members oi .
s9e c-----cr use this may involve
4--7~'. .-- = -''ot Re obligation to pre-
T,-l- c,ron'arcia' Intercourse with tht .
,@9.'e ~. 00 lending country is con-
a"arv to the rTcyision which confers
on Congress tire power to regulate I
commerce with foreign nations. 1t is I
contended that treaty which regu |
lates any of these things impairs the
power of ongress to do so and is,
therefore, unconstitutional.
Existing Treaties DO All These
Things.
Now it so happens that al these
things have been regulated by trea-
ties already made, still in existence, !
and duly ratified by the Senate Trea-
ties regulating commerce in various |
ways have been common. and are too |
numerous to require citation. No doubt |
they have often been authorized by |
Congress, but so can this Covenant if |
it is deemed necessary. With that an
thorization. and sometimes without it,
there has been no question of their |
constitutionality.
The limitation of armaments by |
treaty is very old. More than one
hundred years ago. in 1917, an agree |
ment was made with England to limit |
the naval forces of the two coun-
tries upon the Great Lakes 1t was
approved by the Senate, put into eff
feet by proclamation of the president, !
has been in force ever since, and beene
faithfully observed to the great sat |
isfaction of everyone concerned. 1t |
is fortunate no one discovered that it !
was unconstitutional, for in our coun-
try this means that it is beyond the
power of those making it, and hence
null and void. But if 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 a |
breach of void treaty. 1t makes |
nc difference whether this was in |
form treaty, for it was an interna-
tional agreement approved by the |
Senate. -
Treaties to guarantee the integrity |
and independence of another country |
are of more recent cate. Article |
35 of the Treaty of 1916 states that
"the United States guarantee, posi-
lively and efficaciously, to New Gra-
NADIA, by the present stipulation, that |
perfect neutrality of the before men,
toned 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 con-
sequence the United States also guar
antee, in the same manner, the rights
of sovereignty and property which
New Granada has and possesses over
the said territory"
In like manner the treaty of 1903 |
With Panama states in it's first ar
ticle: The United States guarantees
and will maintain the independence
OF the Republic of Panama" Still
mere recently the treaty. with Hayt
ratified by the Senate On February
28, 1915. provides in Article XIV that
"tHe United States will lend an eff
a1T ei1 for the. reservation of
N .-ucN7 7nGGooe' Each of these
Sc '-'.-. x to war if neces-
says 50 expressly.
few years the so
IS have been a.
naming plct, ta
6 It to &c TO war BEL
.. TIE treaty with
., 's''- 900, ratified by the Sen
f-o ON >""t - 25, 1914, is a good
r-e ~ cries Of agreement
t' ',ea. ...icle il provides for
tso -H'e.~.-. 'r IN international con-
r's~.t . routes Of cvelv nq-
-a n .'. t3.cv-v the settlement OF
w-.cr il r.t clrcGjy provided for ami
- act achieve der existing agree
Aents, and adds that the high con-
tracing parties "agree not to- de-
clare war or begin hostilities during 4
such investigation and before the re- L
port is submitted" During the years
from 1914 to 1916 treaties of this
kind, duly ratified by the Senate,
were made with Bolivia, Brazil, Chile,
China, Costa Rica, Denmark. Ecua-
dor, France Great Britain, Guate-
mala, Honduras, Italy, Norway, Par
aguay, Peru, Portugal, Russia, Srair,
Sweden and Uruguay.
Constitutional Powers Are Unaffected
1t is little late in the day for
opponents of the Covenant of Paris
to discover that its treaty obliga-
tons are unconstitutional and heence
that, all the foregoing treaties are
null and void. This is particularly
true Of those senators who voted for
many of thees treaties. The fact is
that treaties touching any of these
matters are not unconstitutional, be-
cause they do not affect the powers
vested in Congress by the Constitu-
ton. They affect the good faith of
the nation, and so long as they re-
main in force they are the law of the
land. But Congress does not thereby |
lose it's power. If it chooses to pass
an act violating their provisions the
act. though immoral and 2 breach of
faith. is not illegal or void of effect
Separate Leagues for America and