New-York tribune., 1919-03-05

Executive Council has no power but to
recommend to the nations of the
league courses which those nations
may accept or reject save in the mat
ter of increasing the limit of arma-
ment, to which the United States by
ITS Congress, after full consideration,
snail nave consented. Neither the
Executive Council nor the body of dele
gates IN the machinery for peaceful
settling of differences does other than
to recommend compromise which the
United States does not under the league
covenant have to obey. In all other
respects these bodies are mere instru-
ments for conference by representa-
tives for devising plans, which are
submitted to the various governments
of the league for their voluntary
acceptance and adoption.
No obligation of the United States
under the league, except as just stated,
is fixed by action of either the exec
utlve council or the body of delegates
The obligation of the United States
under the league arises from the Ian
guage OF the covenants themselves,
and the only fixed and immediate OBJ
hgatlon there is that of levying a boy
colt. when nation begins war in vio-
lation of it's covenant.
ut is said that it is unconstitutional
for the treaty making power to agree,
on behalf of the United States, not TO
make war
IF this be unconstitutional, then
the present Senate has violated the
Constitution twenty times, for it has
already agreed in twenty different
treaties with the other nations Of the
world not to begin war until one year
after the occurrence of the event upon
which war may ensue and until after
commission Of inquiry into the sub
lect matter of the dispute shah have
been had and q report made Did
this violate the Constitution
Did this deprive Congress of the
power to make war in accord with
its constitutional authority? If il
did, 1t violated the Constitution, but
it did not do anything of the sort. 1t
merely bound the government not to
make war, and it left to Congress the
power to perform that obligation by
not making war.
$50 with respect 20 thu power to
agree not 20 increase armament. The
reduction or increase of armament IS
something which under the constitu-
ton Congress is to do, but that does
lot deprive the treaty r'aking power
X
United States to increase it's arma-
ldent beyond certain point. For one
hundred years the government has
recognized its obligation under a CON
tract with Great Britain, rot to place
tCrtiiications on the LCrIer and not
20 put warships there. We are all
proud Of the fact that this plain limi-
tNtion upon armament as against
Great Britain has been maintained
sacredly for century.
Arbitration Not Mandatory
FINALLY it is objected that he have
no right to agree to arbtrate issues.
1t is said that we might by arbitra-
ton lose our territorial integrity or
our political Independence This is
a stretch OF imagination by the dis
tlnguished Senator who made it, at
which we may marvel.
'ln the face Of Article Y, which is
an undertaking to respect the terri
torial integrity and political indcpcnd-
cnce of every member of the league,
how could a board of arbitration pos
siby reach such a result? More than
that, we do not have to arbitrate. If
we do not care to arbtratc, we can
throw the matter into mediation and
conciliation and we do not covenant
to obey the recommendation of com
promise by the concilating body.
THE award would have TO be per
formed by that branch of the govern
ment which executes awards, gene rally
the Congress of the United States If
it involved payment of money, Con-
gress would have to appropriate it. If
it involved limitation of armament,
Congress would have to limit It, If
it involved any duty within the legis-
l..{,
Constitution, Congress would have to
perform it. If Congress sees fit to
comply with the report of the COM
promise by the conciliating body, Con-
gress viii have to make such COM
pliancc.
"The covenant takes away the SOW
creignty of the United States only as
any contract curtais the freedom of
action Of an individual which he has
voluntarily surrendered for the pur-
pose of the contract and to obtain the
benefit of it. The covenant creates
no super-Sovere ignty,
Lodge Speech Useful
"Some speeches. notably that OF Sen
ator Lodge, have been useful in taking
up the league, article by article, crt-
cizing it's language and eXpressin ing
VouOto N'VhSi 90 " iNS HItdHilS VI
wisdom.
ole will differ, as many others will
differ, from Senator Lodge in respect
to many Of the criticisms. but he will
find many useful suggestions in the
constructive part Of the speech, which
he Will be able to present to his col
leagues in the conference.
"They will be especially valuable in
revising the form of the covenant and
in making reservations to which his
colleagues in the conference may
readily consent, where Senator Lodge
or the other critics have misunder-
stood the purpose and meaning of the
words used.
"Ths covenant should be in the
treaty Of peace. 1t is indispensable in
ending this war, if the war is to ac-
complish the declared purpose of this
nation and the world in that war, and
if it is to work the promised benefit
to mankind. We know the President
believes this and will insist upon it,
Our profound sympathy in his purpose
and our prayers for his success should
go with him in his great mission"
Civil Law Restored
GUATEMALA CITY, March 3.-Mar-
tial law, which has been in force since
April, 1917, before Guatemala entered
the war against Germany, has been
raised.