The Barre daily times. (Barre, Vt.) 1897-1959, 1919-08-07
SCHOONER WENT DOWN
AFTER COLLISION AND
ABOUT 20 WERE LOST
SEN. KELLOGG WILLING
TO TRY THE LEAGUE
Declares It Can Be Ratified by the SEN
ate with Interpretative Reserva-
tions without Requiring Re-
submission to the Other
Nations.

Washington, D. c., Aug. 7.-Provisions
of the league of nations covenant impos-
ing obligations on Congress do not yio-
late the American constitution and the
covenant can be ratified with interpreta-
tive reservations without requiring re-
submission to the other nations, in the
opinion of Senator Kellogg, Republican,
Minnesota, expressed in legal argu-
ment in the Senate to-day dealing with
the treaty making power.
Senator Kellogg said he was willing
to try" the league, though he did not be-
lieve it would permanently prevent 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 IT'S with France
the Jay treaty of l794 and many other
obligations entered into by the United
States, the speaker said there was am
pie precedent for various guarantees in
the covenant which have been objected
to on the ground of the constitutionality.
Because treaty limits sovereign
power-I speak of sovereign power as
the power to make laws-it is not there
by invalid" Senator Kellogg continued
Every treaty we negotiate to a certain
extent destroys certain freedom Of SOW
ereign action. A treaty, of which we
have many, comforting certain privileges
Of trade, is binding, and if we perform
our agreement, it limits legislative ac-
tion.
"a treaty does not violate the consti-
tuition because violation of a treaty
may cause war The violation of many
Of our treaties might cause war, if the
other party to the treaty so desired.
1T is claimed that we cannot enter
into treaty limiting armament, because
Congress alone can raise and support
armies and provide for navy. BY q
treaty with Great Britain, negotiated 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,
made it perfectly clear that a resolu-
tion of the Senate clearly reserving
American rights can be made without
destroying the binding effect of the rati.
fieation."
The Monroe doctrine, he thought, is
sufficiently designated TO be excepted
from the jurisdiction of the league"
article XIV would seem to confer upon
the council jurisdiction to determine
whether particular question which may
arise is or is not, by international law,
solely within the jurisdiction of a party
to dispute as, for example, questions
relating to immigration, coastwise traf-
ic, tariff and other matters" he con-
tinued. 1T would seem, therefore, not
only proper but the duty of the Senate
in ratifying treaty, to declare its un-
dernstanding that these questions are
solely within the jurisdiction of the Unit.
ed States
Respecting article 10, the question is
somewhat different | am not in favor
of striking this article out OF the league
of nations entirely, but there are some
grave objections to this guaranty as it
stands. l believe there should be some
reservation constituting this clause in
such way that it shall be absolutely
clear and certain that the function OF
the council is simply to serve in an ad-
visory capacity so that the other sigma
tory powers will thoroughly understand
that the Congress of the United States
has the sole and exclusive power to de-
clare war.
u am anxious that this treaty should
be ratified at the earliest possible date"