The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1919-08-07
WILLING TO TRY
NATIONS LEAGUE
STATES KELLOGG
Can be Ratified With Reserva-
tions Without Requiring Re-
submission, Holds.
(By Associated Press)

WASHINGTON, Aug. 7-Provisions
of the League of Nations covenant i'm
posing obligations on congress do not
violate the American constitution and
the covenant can be ratified with in
| terpretive reservations without reQuir-
| ing reSubmission to the other nations,
in the opinion Of Senator Kellogg, Re
| publican, Minnesota, 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 1t would permanently pre-
vent war, He suggested reservations
dealing with the Monroe doctrine. do
mestic questions, and the power Of
congress to decide questions OF peace
or war.
Citing the alliance Of 1878 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" he continued. Every
| treaty we negotiate to a certain ex-
tent destroys certain freedom of sove-
reign action. A treaty, Of which we
have many, comforting certain priv
ileges of trade, is binding, and If we
perform our agreement it limits legis-
| lative action
Cites Former Treaties.
"a treaty does not violate the con-
stitution because a violation of a
! 20 Wiz Ia
of many Of our treaties might cause
war, if the other party to the treaty
SO desired.
by a treaty with Great Britain ne
gotiated in 1917 We agreed to limit
armament on the Great Lakes and no
question has ever arisen as to its
validity"
Many precedents, Mr.. Kellogg said
had made it perfectly clear that a
resolution of the senate clearly re-
serving American rights can be made
without destroying the binding effect
of the ratification"
"The proponents of the league
he continued. claim that the Monroe
is excepted from the jurisdiction OF
the council and the assembly OF the
league. If this is true there can be
n harm and It would seem to be en-
| IlI6ly plOpel LOI LI0 SCIldIC, III AC@NAAJ
ing the treaty, to declare its interpre-
tation of this clause.
MY own personal opinion IS that
the Monroe doctrine is sufficiently
designated to be excepted from the
jurisdiction Of the league.
Urges Prompt Ratification.
article XIV would seem to confer
upon the council jurisdiction to deter
mine whether a particular question
which may arise is or is not, by in
ternational law, solely within the jur-
isdiction of g. party to dispute, as for
example, questions relating to immi-
grafton, coastwise traffic, tariff and
other matters.
"It would seem. therefore, not only
proper, but the duty of the senate in
ratifying a treaty to declare its un-
derstanding that these questions are
solely within the Jurisdiction Of the
United States.
Respecting Article K the question
is somewhat different. l am not IN
favor of striking this article out OF
the league entirely. but there are some
grave objections to this guaranty as
it stands. I believe there should be
some reservation constituting this
clause in such way that it shall be
dUoOlutCAy SISoI duu C6ILdlu CQdC Ile
function Of the council is simply to
serve in an advisory capacity SO that
the other signatory powers will thor
oughly understand that the congress-
Of the United States has the sole and
exclusive power to declare war
Il am anxious that this treaty should
be ratified at the earliest possible
, date. I do not expect that the league
will permanently prevent war or tha;
it will be a complete panacea for all
, the evils which threaten the peace oi
: the world l realize that it is to some
!, extent an experiment, but 1t is an eX
VI pertinent am willing to try"