Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-07-06
BY &. GOULD LINCOLN.

plan to ratlfy the peace treaty
with Germany. including the
league of nations covenant.
and at the same time to eliminate
by means of reservation" features
objected to by senators. the RECORDS
Of past treaties and conventions have
been scanned carefully. When is a
reservation not a reservation. Is one
of the questions which government
officials are asking themselves
The former Secretary of State ana
senator, in his letter to Senator
Lodge. the republican leader. outlln-
ing his plan. asserted emphatlcaiis
that its was a long established custom
and practice to ratify international
treaties and conventions with
reservations" when the United
States. or one of the other signatories
so desired. If the other signatories
to the treaty make no objection. then
the treaty stands as limited by these
reservations so far as the Cnlteo
States is concerned.
Contend Plan Would Avoid Delay.
Mr. Root insisted that if the pro-
posed reservations with regard TO
the treaty of peace are lnciuued III
the instrument Of ratification it Will
not be necessary to reopen negotia-
lions with the other powers In TINS
way, he contends. and the senators
who are supporting the plan also
contend, it will be possible to ratify
the peace treaty promptly and WITH
out the delay that would be occa-
stoned if various articles OF the
treaty were amended.
Officials at the State Department,
other officers of the government ana
members of the Senate have been
going over musty treaties and his
tories of international law to get all
the light possible on this matter OF
reservations.
An examination of the records IN
dicates, without doubt. that II mas
been the practice of the United States
to ratify international conventions
and treaties with reservations.
These reservations have been included
in the resolutions of ratifcation
adopted by the Senate. That is the
plan which is now proposed.
Courts Have Upheld Reservations.
This practice has caused criticism
by foreign powers more than once
though they have acquiesced in the
reservations. The Constitution OF the
United States divides the treaty-mak-
ing power between the President and
the Senate. AS the Senate does not
have voice in the negotiation OF
treaty, it sometimes amends or makes
reservations when it comes to act
upon the negotiated treaty or conven-
ton The courts of the United States
in dealing with questions arising un-
der treaties when reservations have
been made, have upheld these reser
vations.
Assert No Acceptance Necessary.
1t is asserted by some Of the high
est authorities upon International law
and diplomatic dealing in the Senate.
that reservations contained in a reso-
luton of ratification adopted by the
Senate need not be accepted afflrma-
lively by other signatories- There is
no objection to their being accepted.
of course, it is said. but if no objec-
ton is made to the reservations by
the other signatories, then they stand
as part of the treaty, so far as the
United States is concerned.
The interest in this matter Of res
eryations in treaties and conventions
has grown keener and keener as it
has gradually developed that the
great fight upon the peace treaty and
the league of nations will. in all
probability. be made along the line of
amendment to the treaty or reserva-
tions. If the same result can be OBJ
tanned through reservations in tht
ratifying resolution, it is preferable
to adopt that plan rather than to put
through amendments to the articles
which have caused objection on the
the Senate should undertake to amend
the articles Of the treaty the peace
conference would. 1t is believed. have
to pass again upon these amended
articles.
Might "Sidestep" Article z.
On the other hand, through the
adoption OF the suggestion by Mr.
Root it will be possible for the United
States to sidestep the ch-discussed
article X of the league of nations
covenant, which would undertake to
guarantee the territorial integrity of
the members of the league, and other
features of the treaty.
The suggestion was made by Mr..
Root that it would be an easy matter
to feel out the sentiment Of the other
most important signatories to the
treaty of peace on these proposed
reservations. il 1t was desired to learn
whether they would raise any objection.
In some quarters the fear has been
expressed that reservations proposed
by the United States and included in
the ratifying resolution would not
be binding: that the United States
once having signed the treaty, might
be called upon to submit these reser.
vations to the league council. If such
a. situation may arise. then it is pro-
posed that the ratification of the peace
treaty by the United States shall not
be completed il any Of the other sig
natories shall object to the reserva-
tons
President Does Actual Ratifying.