The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-07
THE MONROE DOCTRINE IN
THE COVENANT.
May We Be Called Upon TO Arbitrste
That National Policy Under the
Revised Constitution Of the LeaKuei

10 THE EDITOR OF THE suN-str: Prob
ably the most frequently heard and
generally approved objection to the first
draft of the proposed constitution of
the League OF Nations was it's failure
to preserve the so-calied Monroe Doc
trine; that is. to render exempt from
the obligation OF arbitration any inter-
! national questions which might arise
as to the Interpretation. scope or effect
Of this declaration Of policy Of the
| United States, originally. and in a moro
limited form than later enunciations, ap-
pearing in President Monroe's message
TO Congress Of December I'd. 1923.
Passing. for the moment, all questions
OF the present value to the United
States of this so-called doctrine" and
reserving discussion OF the somewhat
| weighty criticisms that have been
| ievelled against 1t as involving national
self1shness arrogance and Imperialism.
as we'll as offence to our sister republics
| OF this hemisphere. let us consider the
; articles of the revised covenant OF the
proposed League of Nations pertaining
to arbitration and the status of the
Monroe Doctrine under the terms Of
these articles. Prelminarily, It should
| be said that Article XXI. by the express
| language Of that provision. adds moth
ing to and subtracts nothing from the
| force and effect OF the Monroe Doc
| trine. somewhat ineptly referred to as
| regional understanding for "secur-
| Ing the maintenance OF peace" That
| is to say. this article merely declares,
with reference to the Monroe Doctrine,
| that nothing in the covenant shall be
! deemed to affect Chat is, one way or the
| other) its validity"
The arbitration articles Of tho revised
draft, as of the first draft, are those
| numbered XII. XIII. XIV. and XIV, all
Of which must be studied. Article XII.
Of the revised draft provides uncondi-
tionally and emphatically that ANY dis
pute likely to lead up to a rupture"
shall be submitted either to arbitra-
ton or inquiry of the Council, and
that in mo case" shall war be resorted
| to until three months after an award
by arbitrators or a report by the Coun-
ell. the latter being given six months to
decide.
New Article Kill, unnecessarily per-
| haps. provides for the arbitration of
matters deemed by the parties to be
Suitable" for arbitration. This article
includes an enumeration of certain
classes of questions and disputes deemed
| arbitrable; also a stipulation for the
carrying out in good faith Of awards
made in arbitrations by consent. a
| promise not to make war upon a mem
Der nation complying with the award.
| concluding with a provision that in the
event OF failure to carry out an award
the Council will propose" the measures
to be adopted.
| New Article XIV. provides for the
| formulation by the Council OF plans for
permanent court of Justice to have.
when established by the League, juris-
dicton OF any International dispute
which may be submitted as we'll as to
render advisory opinions" upon re-
quest to the Council or Assembly.
! New Article XIV. emphasizes the obli-
cation OF Article XII. that no League
member shall resort to war In advance
OF either arbitration or submission to
the Council. That Is. by Article XIV. 1t
Is agreed that any dispute likely to
lead to a rupture" which rs not sub
mtted to arbitration" shall be sub
mitted to the Council for inquiry. re-
port or recommendation. The same
article further provides that in no case
shall a nation resort to war against
another II the latter is willing to comply
ell, unanimous except as to the parties
to the dispute.
| Let us apply these provisions to a
hypothetical case:
Mexico wishes to cede to Japan for
| a monetary consideration a portion OF
Lower California. Our Secretary OF
State notifies the japanese Ambassador
| at Washington that Japan must not
hoist her flag in sovereignty over Amer
| lean soil Japan, a member of the
League and OF the Council, notifies the
| Secretary-Genera as provided In Article
XIV. of the existence OF dispute likely
to lead to a rupture" and thereby makes
its submission" under the terms OF said
article. In the statement OF Its case
| Japan, for example. says:
We are willing that a plebiscite shall
| be taken and TO abide faithfully by It's
result. We will stipulate. II the Coun-
ell shall so order. that no naval base
| or fortified place shall be established
| In our new territory. Finally, and
without conceding any obligation on
| our part to submit to tho Monroe Doc
| trine, whatever this may be. we en-
| phatlcally deny that President Mon
| roe's utterances included or ever con-
| templated such a case as this.
There Is no manner OF doubt that the
express terms of both Article XII. and
XIV. Of the covenant would forbid war
/ on the part OF the United States until
the specified period after a report and
recommendation OF the Council, which
would have six months to complete Its
inquiry; for there is no exception In
these articles, or elsewhere In the cove
nant, exempting from the prohibition OF
war without arbitration or inquiry con-
troversies involving the Monroe Doc
trine, its Interpretation. scope or effect
There is nothing In the covenant which
by any possible construction can be
said to take the place of the proviso
annexed by the Senate in 1911 to the
| arbitration treaties negotiated by Presi-
dent Taft and Secretary Knox with the
| representatives of France and Great
Britain. This was, II will be remem-
bered:
| Provided, That the Senate advises
and consents to the ratification OF the
said treaty with tho understanding. to
be made part OF such ratification. that
| the treaty does not authorize the sub
mission to arbitration OF any question
which depends upon or In
wolves the maintenance OF the tradi-
tIonal attitude of the United States