The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-06-18

humanity possible, the making OF such n
right peace. I shall pass now TO its con-
sideration.
Resolution IL Defined.
The nrst paragraph of the preamble
recites merely the fact Of the declaration
OF war, the reason why we went to wal,
and the ends sought by the war AZ stated
In that declaration. The first paragraph
Of the resolution proper states that the
Senate will regard as fully adequate
for our national needs and as completely
responsive to the duties and obligations
we owe to our cobelligerents and to
humanity. a peace treaty which shall in
sure TO the United States and its people
the attainment of those ends for which
we entered the war and that II will look
with disfavor upon all treaty provisions
going beyond those ends
II cannot conceive that these para
graphs can be the basis of serious OBJ
lection on any score. The sovereign peo-
pie OF the United States have placed the
exclusive authority to declare war In
the hands of the Congress. An exercise Of
this power necessarily and inevitably
involves the power to pass upon the
reasons and the motives for going to
war, as to the snfficiency of which Con-
gress alone can Judge. 1t 10 a neces-
sary corollary to this. that Congress
alone can determine and declare what
the ends sought by the war shall be.
Moreover, no otner branch OF Govern
ment Ii concerned in the exercise or
this function OF Government. War be-
ing declared, the Chief Executive must,
on the one hand. conduct It as the
Commander in Chief of the Army and
Navy. and he must also. as the Chief
Executive. enforce under his peace time
powers the laws of the United States
On the other hand. the judiciary exer-
cises its regular functions in judging the
laws which may be passed either in due
course or by virtue of the status of war.
But neither Of these branches OF Gov
eminent has any necessary constitu-
tionah function to perform in determining
whether or not We have a cause OF war.
what that cause lie, or with declaring
war or declaring to what ends II shall De
prosecuted. These. ] repeat. are mat
ters for Congress, and for Congress
alone. This being true. Il Is not posi-
BILE for the Judiciary or the Executive
to determine what shall be the ends
sought by the war. Members OF those
branches OF Government may in the
exercise OF their rights as Americas
citizens express their views on these
subjects. but which views or expressions
are binding neither upon the Congress
nor the nation.
why U, 3. Entered the War.
"In the present instance Congress de-
cIared that by repeated acts OF war
against the Government and the people
of the United states the Imperial Ger
man Government had thrust upon US a
status OF war. and we pledged the
whole military and national resources OF
the country to bring the conflict to q
termination. These acts OF war COM
mitted against the United States and
its citizens were. all OF them that were
OF substance. incident to violation OF
the rights of navigation as estaphsheo
under international law-rights nouteo
by the Imperial German Government
which announced Its deliberate INTENTION
to continue the course II had begun
The rights violated and this declaration
Of intention to continue the violation
made It indispensable that 'successfui
termination of the war involved re-
moving forever the German menace TO
our peace Therefore these were the
things, and none others, for which Con-
cress declared war. for which we sent
our sons to the battleflelds; and tho
neople, through their duly elected rep
resentatiyes and agents. have declared
this to be our war aim. This Is the
full limit which they have authorized
their Government or any branch or II
to go. Efforts Of some months since TO
secure plenipotentiary powers from the
people will go further beyond this enoeo
in conspicuous failure amounting 10 re-
pudiation.
"In view OF these circumstances / take
IL that this part OF the resolution can
not be the subject of fair and honest
criticism.
II pass now to a consideration Of the
second resolution which provides:
THAT since the people Of the United
States have themselves determined ana
provided in their Constitution the only
ways in which the Constitution may De
amended, and since amendment by
treaty stipulation is not one of the meth
DDS that the people have SO prescribed
the treaty making power of the United
states has no authority to make treaty
which in effect amends the Constitution
of the United States, and the Senate OF
the United States cannot advise and
| consent to any treaty provision which
would have such effect If enforced.
II cannot believe It necessary on this
point to take the time OF the Senate to
governing this matter. nor to labor an
argument upon the fundamental sound
ness OF the principle involved. which In
deed is constitutional axiom Some
question, however. has been raised as to
| the nature and extent OF the application
of this principle to the present situation
Some Provisions Unconstitutional
in my remarks Of March / last. con-
! corning the League OF Nations, ! as
serted that certain OF the league pro-
| visions were unconstitutional because
containing unauthorized derogations
| from our sovereignty. i am advised that
| the soundness of this position has been
challenged. and that my challengers
have reasoned the matter in this wise
| Since absolute sovereignty involves ar
uncontrolled exercise OF the arbitrary
unreasoning sovereign will, any and all
OF the limitations imposed upon sover-
| eign by reason OF the necessities of inter
/ national intercourse and relations is a
derogation of that sovereignty: that
since the treaty making power OF the
United States is endowed with authority
TO make treaties governing our relations
with other countries in matters which
| derogate from our absolute sovereignty
| therefore the treaty making power may
| legitimately and constltutlonally make
treaties which may derogate from our
sovereignty; and that finally, the fore.
going premises being viewed as sound
! the conclusion is drawn that since the
| treaty making power may SO make
treaties which derogate from sovereignty
in certain matters. 1t may make treaties
which derogate from sovereignty In al
matters.
|