Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-07-14
TAFT FEARS CHANGE
IN PACT MAY DELAY
Says Other Nations Must Con-
sent II Meaning Of Covenant
Is Altered
U. S. SUPPORT IMPERATIVE
BY WILLIAM HOWARD TAFT

two questions that will bear dlscusslon'
He suggests reservations instead OF
amendments in the ratification. and
says that they need not and will not
delay the going into effect of the treaty
of peace. He says that many prece-
dents Justify this view. This statement
needs analysis in order to understand it
and its weight.
A treaty is contract. The minds OF
the contracting parties must meet be-
fore it becomes binding on either, One
party cannot change the contract after
the other has agreed to it, and bind
the other party to the change. without
the Others acquiescence in it.
Strictly speaking, reservation in
the consent of the Senate TO a signed
treaty, though the reservation be only
one of Interpretation. must be Concurrcd
In by the other party if the reserva-
ton is to play any future part in
constituting the treaty. Otherwise, the
reservation is merely an ineffective ex-
preston of opinion by the Senate.
This was the case in the Spanish
treaty, where, after ratification. the
Senate passed resolution as to what it
meant by its ratification. The Supreme
Court held that it had no effect in con-
STRUNG the treaty.
How Treaties Are Made
The ordinary procedure in treaty
making is first the drafting and signing
of the treaty by the penipotentiaries of
the contracting governments. The
signed duplicates of the treaty are re-
ferred back to the governments. to be
ratified by them. These ratifcations
are then exchanged between the con
tracting governments. and each govern
ment makes known, in its own way, the
treaty thus agreed to.
1t is in the procedure Of exchanging
the notifications that such reservations
as Mr.. Root speaks of are acquiesced
in and become part of the treaty. If the
ratification of the United States, for in
stance, contains reservation to which
the government receiving it makes no
objection, it may be held to acquiesce
in the reservation contained in the rati-
fication of the United States. and thus
to agree to make it part of the treaty.
There is no real distinction in prin-
ciple between reservations and amend
ments; but important amendments are
not usually Incorporated in treaties in
this easy, silent and summary way.
The nation receiving a reservation in a
ratification would naturally require fur
ther negotiation and conference if the
reservation changes materially the obi
cations of the parties to the treaty.
Reservations May Delay
~ The precedents to which Mr.. Root
refers, therefore, are not important in
deciding the question. which his letter
raises as to Article y. because the uues-
tion in each case always is whether
the reservation or amendment is so i'm
portant that the other nations are not
likely to let it go without question. If
they do not, then negotiations must be
resumed and the delay which Mr.. Root
seeks to avoid must occur.
The issue, therefore. is whether the
other nations in receiving a ratifca-
tion of the United States containing
reservation refusing to consent to Ar
ticle y, and striking it out of the OBJ
legations of the United States under
the treaty would accept the ratifica
ton, without demanding, as they would
have the right, further negotiations be-
fore consenting to this change.
The anxiety of France to strengthen
her defense against Germany, an
parent throughout the proceedings of
the conference, indicates that she would
ask further conference. Her representa-
tives labored to secure a provision in
the league covenant under which a per =
manent international police force would
be constantly under arms and under
general staff, to act instantly in de
fense of league members subject to un
provoked attack.
More than this, she secured the prom
Use of Mr.. Wilson and Mr.. Lloyd George
to present to their respective govern
ments a special defensive treaty Sc
curing the instant action of England
and the United States in case of an un
provoked attack by Germany.
We can reasonably surmise, there
fore, that France would seriously OBJ
ject to eliminating an article furnish
ing her some defense against such at
y tack, however short II may fall of heI
earnestly expressed wish.
Small Nations Might Object
Moreover, other and smaller nation.
would probably object. The importanc,
of the article in the whole plan of tn
league is manifest. 1t is the induce
ment by which the weaker nations ar,
brought into a league. 1t is the chic
protection which the league offers them
The fact that the United States. will
its great prestige, its disinterestednes
and its moral influence, as well as il
military potentiality, is under the obi
CATION. of Article Y constitutes the grea
cautionary and minatory effect of tina
article. making it powerful as an agenc
N in restraining wars of conquest |
the United States is to back out of tn
article the league will be weakened.
The nations, great and small, inter
esfed in the league, therefore, will no
be likely to pass over such an amend
ment lightly, but will naturally insis
on re examination of the whole cove
nant when its character is thus mate
rally changed.
Mr.. Roots argument that we shoul
refuse consent to Article Y becaus
some of our foreign born citizens ma
object to our helping to discipline thei
native countries under the article is
curious one in view of the lessons
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