The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-08-08
Days Debate in Senate Re-
volved Around Constitu-
tionality of Permanent
Peace Plan.
AMPLE PRECEDENTS
CITED BY KELLOGG
Republican Senator Would
Try Out League Though
He Don't Believe it Would
Permanently Prevent War

Washington, Aug. 7.-Debate on the
peace treaty in the senate today re-
volved largely around the question of
whether the League OF Nations cove
nant or the special treaty with France
violates the federal constitution by
curtailing the power OF congress to-
decide questions of peace and war.
Senator Kellogg, republican, of MINI
treaty-making power, declared. there
ligating the country to go to war in
certain circumstances and binding
congress to enac* certain Legislation \
The debate was on a resolution call
ed up by Senator. Walsh, democrat, OF
Montana, under which the senate ju-
dietary committee would be asked for
an opinion whether there were any
constitutional barrier to ratification
OF the French treaty, binding the
United States to aid that nation in
any unprovo1ked attack from Germany.
Most of Senator Kellogg's argument,
however, was directed principally to
provisions of the League covenant.
Provisions of the League of Nations
covenant imposing obligations on con-
gress do not violate the American con-
stitution and the covenant can be rat
flied with interpretive reservations
without requiring re-submission TO
the other nations. in the opinion OF.
Senator KelIogg, expressed in a legal
argument in the senate today dealing
with the treaty making power.
Senator Kellogg said he was will
ing to try the league. though he did
not believe II would permanently pre-
vent war.
He suggested reservations dealing
with the Monroe doctrine. domestic
questions and the power of congress
to decide questions of peace or war.
Citing the alliance of ITS with
France. the Jay treaty of 1894 and
many other obligations entered into
by the United States. the speaker
said there was ample precedent for
various guarantees in the covenant
which have been objected to on the |
ground of constitutionality
Because a treaty limits sovereign
power-I speak OF sovereign power as |
the power to make laws-it is not |
thereby invalid" ne continued. Every
treaty we negotiate to certain ex-
tent destroys certain freedom OF SOW
sreign action. A treaty, of which we |
nave many. comforting certain privi- 1
eges OF trade. is binding, and II we I
perform our agreement. 1t limits leg
action
"A treaty does not violate the con-
Ititution because a violation OF a /
realty may cause war. The violation
II many of our treaties might cause
var. il the other party to the treaty /
10 desired.
1T is claimed that we can not enter
nto a treaty limiting armament. be-
.ause congress alone can raise and
upport armies and provides for
lavy. BY treaty with Great Britain,
negotiated in 1917. we agree to limit
armament on the Great Lakes, and no
question has ever arisen as to it's va
idity.''
Many precedents. Mr.. Kellogg said,
made it perfectly clear that a reso-
ution of the senate clearly reserving
american rights can be made without
the binding effect OF the
The proponents of the league he
ontinued. claim that the Monroe
doctrine is excepted from the juris-
iction of the council and the assem-
ly of the league. II this is true there
an be no harm and it would seem
o be entirely proper for the senate
n ratifying the treaty, to declare It's
of this clause. Ny own
ersonal opinion is that the Monroe
octrine is sufficiently designated to
e excepted from the Jurisdiction Of
he league. II
Article XIV would seem to confer
pom the council jurisdiction to deter
1ine whether a particular question J;
rhich may arise is or Is not by in
ernational law, solely within the jur-
sdfction of party to q dispute. as
Dr. example, questions relating to inn
aigration. coastwise traffic. tariff and
ther matters. 1t would seem. there
ore. not only proper. but the dutyi
the senate, in ratifying q treaty.
) declare its understanding that these
uestions are solely within the juris-
fction of the United States II
Respecting article X. the question
somewhat different am not In
lvor Of striking this article out of the !
'ague entirely. but there are some !
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