The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-03-27

The discussions which have repeatedly
taken place In the House OF Representa-
tives show that the question involved IL
a mooted one.
ut is in this sense that the covenant
to resort to war under Article y. or to
sever all trade and financial relations,
under Article XVI, presents constitu-
tional questions. There is no such ques-
ton in the sense that action by Con-
gress can be dispensed with. The point
Is that Congress would be the Judge OF
its obligation and would determine to
its own satisfaction the question whether
the treaty power could impose and had
imposed upon Congress the duty TO act
under the provision Of the covenant, al
though Congress believed that such
action would be contrary to the interests
Of the country.
Foreign nations. however. might be
expected to take the view that they were
not concerned with our internal arrange
ments and that 1t was the obligation OF
the United States to see that the action
claimed to have been agreed upon was
taken. II that action was not taken.
although Congress refused to act because
II believed It was entitled to refuse. We
should still be regarded as guilty Of
breach of faith. 1t Is very serious
matter for the treaty making power to
enter Into an engagement calling for
action by Congress unless there Is every
reason to believe that Congress will act
accordingly. Assuming that this could
be expected with respect to the legis-
lation required by Article XVI. 1t Is
manifest that when the covenant calls
for the making of war, there can be no
such assurance. And this does not mean
that Congress will repudiate an admit
ted obligation, but that Congress may
conclude that the obligation does not
exist because in such a matter II could
not be imposed. From such a decision,
there would be no appeal.
"Re0istrdtion Of Treaties. The provi-
sion of Article XIII. that no treaty
shall be binding unless registered, as
provided in the article, presents little
difficulty. The parties may observe II II
they choose by registering their treat
les, and II may be assumed that they
would observe II. II. however. a treaty
were subsequently made without regis
tration, It is difficult to see upon what
ground Il could be deemed TO be invalid
as between the parties who entered
into IL.
Merit in Mandntories.
"Manddtories. shall not review the
provisions as to manufactures. The plan
however, that the United States should
assume the obligation of a mandatory
in the Eastern Hemisphere. Such an
undertaking would present the most Sc
rious questions. IT Is clear that we
ought not to be put in a position where
We would be bound. even morally, to
accept such a designation. The right
to refuse to be mandatory should be
distinctly reserved.
"Withdrdudl 1t should also be made
clear that any member OF the league
may withdraw at its pleasure on a
specified notice
Suggested Amendments. Aside from
formal improvement. I think the cove
nant should be amended as follows:
"G BY explicit provision as to the
requirement Of unanimity In decision.
"t2) BY suitable Limitation as to the
field of the leagues inquiries and action,
so as to leave no doubt that the in
ternal concerns of States. such as Inn
migration and tariff laws, are not en-
braced.
"t3) BY providing that no foreign
power shall hereafter acquire by con-
quest, purchase, or in any other way.
any possession on the American CONT
! nent or the islands adjacent thereto.
80 BY providing that the settlement
of purely American questions shall be
RENTED primarily to the American ma
lions, and that European nations shall
not intervene unless requested to do 50
by the American nations.
"o5) Bye emitting the guaranty OF
Article y.
90 BY providing that no member OF
the league shall be constituted a manda-
| tory without Its consent, and no Euro
pean or Asiat,c Power shall be con-