The sun., 1919-09-25
SHAW BARES FLAWS
In LEAGUE SCHEME
Covenant Upheld by Holt in
Debate at Forum Of Mar
quette Club.
BRITISH ORIGIN DENIED
Antiquities Alone Called
Enough to Condemn Pres
ent Instrument.

Hamilton Holt, editor OF 7'he Tnde-
pendent, and Leslie NJ. Shaw engaged
last night in joint debate on the
Forum OF the Marquette Club at the
Plaza Hotel. Mr. Holt upheld the ratif-
cation Of the covenant without reserva-
ton or amendment, and Mr.. Shaw urged
the necessity for the insertion of num-
Der of amendments and reservations.
Mr.. Holt began his argument with q
denial that the covenant Of the league
Was Of British origin. "I am sorry to
say" he said, that Senator Lodge in
| making that statement. as he did the
other day. Is entirely wrong. am
sorry to say so because the original
British dratt, which I was shown, was
far better plan in my opinion than the
| American plan, which was finally adopt
ed. The British plan went much fur
Their"
Mr.. Holt took up the constitution of
the league. article by article, and re-
viewed In detail the points which have
been the subject Of greatest criticism
by opponents Of the covenant The saw
ing clause in the much dissucced Article
X. Is the limiting OF the undertaking on
the part of the signatory Powers to
preserve the territorial integrity OF one
another. he explained. This agreement,
he pointed out, applies only as to ex-
ternal aggression, and under It, Mr.. Holt
said, ireland would be as free to de-
clare her independence of Great Britain
as the State of California would be to
dissolve the union existing between her
and the other States of the Union. In
neither case would the obligations i'm
posed by Article X. on the other mem
bers of the league be In effect
Antiquities Are Shown.
Mr.. Shaw maintained that the
antiquities in the draft of the league
brought from Paris by the President
were alone sufficient to condemn it as a
practical instrument OF Government and
urged particularly the necessity of some
provision permitting withdrawal.
He said: antiquities are the prime
causes of war no less than of litigation.
Had our Constitution either authorized
or forbidden the withdrawal of States
the civil war would have been avoided.
"Our Constitution has been before the
Supreme Court for Interpretation more
than 100 times. Let no one deceive him
self into believing the covenants of the
league, with all our prudence, will fare
any better. Why not therefore, rectlfy
while we may all patent antiquities?
''The original document brought by the
President from Paris, and which he de-
clared could not be and should not be
amended. was silent on the question of
Withdrawals Interpreting this omission,
Mr.. Wilson insisted that inasmuch as II
did not forbid Withdrawals any member
could withdraw at pleasure.
In discussing Article X. Mr.. Shaw
said: Under Article X. of the pending
covenant the league members undertake
to respect and, preserve as against ex-
ternal aggression the territorial integrity
and existing political independence OF
all members of the league A similar
agreement between freeholders would
constitute a mutual guarantee against
trespass, and a breach thereof would
render the defaulting party liable in
damages.
Liability Facing United States.
HAD the United States been a party
to such a covenant in July. 1914, she
would now be liable to Belgium, in any
court of competent Jurisdiction, for all
damages which the latter sustained by
reason of the external aggression
which for three years the United States
failed even to protest. The fact that
tnere eNlstS at tnlS time no SUCH court
does not warrant the presumption that
the league, pledged to create such
tribunal, will fail in it's efforts. Nor
does it justify ,incurring obligations
which we do not in good faith Intend to
recognize and fulfil.
president Wilson insists that the
language undertakes to preserve does
not create legal obligation. In answer
to Senator McCumber he said, we would
have complete freedom of choice as 20
the application of force He admitted
however, "a very strong moral obliga-
tion.' l infer that the President meant
that no American army could be created
without an act of Congress. In other
words, he makes II reasonably clear that
the way of dishonor will be open to us
and that Congress can refuse to keep
its covenants.
THE least that should be done with
reference to the Shantung outrage is TO
embody N the ratification resolution
most vigorous protest coupled with a
promise of sympathy and moral support
should China ever attempt by force OF
arms to recover her 5000, 900 children
so ruthlessly torn from her bosom.
II thoroughly sympathize with the
Junior Senator from Michigan when he
expresses the hope that enough amend
ments and reservations will be made to
enable him to vote for ratification with
rthf