The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-04
DAVID JAYNE HILL
SCORES LEAGUE IDEA
Ey.Ambassador to Germany
Tells Lawyers U. s. Should
Remain Isolated.
syEs GERMS OF CONFLICT
Says Germany, Embittered by
Terms, Will Seek Re-
venge.
vrEs GERMS OF CONFLICT
Special Despatch to The Sun.

A., ,ha action of the League OF Ma
u,r. will be bound by respect for law,
A., viii depend only upon diplomatic
,,pedlency, DR.. David Jayne Hill.
A,msr Ambassador to Germany, told
". convention of the American Bar
,..oeiation to-day that the United
r,tes should not surrender to the
k,rus its sovereignty or its national
tradition. 1t will best serve the cause
n the world he said. by maintaining
ines. forces of its own unimpaired.
furthermore, he asserted that, with
M sense of the innate justice Of the
hunItiye peace borne in upon the Ger
man people, they would yet emerge an
,nbittered, strengthened and men,
.rlne force in the world, seeking domi-
nation through an organization under
materialstic Socialist state as I'M
berialistic, as was the old military
hutocracy.
He declared that America in the
declaration of Independence and In the
Constitution for the first time In the
history Of the world had taken law as
The expression of inherent humanrights
fo- the basis of government. Since that
time such a basis for law had been
reaching slow acceptance among the
nations, as expressed in the interna-
tiopal law first recognized at the Con-
rress Of Vienna in 1915 and slowly
srovn until It became more or less
authoritative corpus juris under the &C
tor Of the Hague Conventions.
violation of international law. he
~,
proclaimed for our entry into the war.
'Yet, In the proposal for the League
OF Nations, made on September 81, 1918,
the restoration of the law OF nations
was not included in the five objects to
be obtained in the peace"
A Significant Omission.
He went OR to show that the same
omission is to be noted in the corre-
spondence with the German Govern
ment leading up to the armistice, the
a.nhstice terms themselves. in the Four
teen Points. or in the peace treaty IT.
self save in slippery generalities. and
that when a proposal to insert a posi-
tive plan for the definite organization
Of an International body to determine
and interpret international law was sub
mtted to the Peace Commission by
Senator Root, this provision was sig
nhcantly omitted.
From the fact that this proposal led
to no action" he said, 81 shall not draw
the inference that IL received no atten-
ton. ! am therefore compelled to be-
heve. until further enlightened, that 1t
was considered inexpedient for the con-
ference to recognize any international
law making authority outside the limits
Of the league itself. Either. in the pur-
pose Of the conference, there is to be
no review and revision of international
law or such revision is to be exclusively
the work of the league, minority body
in the Society Of Nations; and. there
fore, incapable of making law for that
society without its consent
TT Is a part of the theory OF this
league that henceforth there are to be
neutral nations, and hence no neutral
rights; rights of which the President
said, in his appeal for declaration of
war. that no modern publicist had ever
before questioned them or the right to
defend them; rights for s.re defence of
which this country has more than once
Engaged in war.
Until 1t is assured of the protection
Of all its rights no free nation, great
or small, can wisely surrender either its
right Of self-defence or its right to re-
main neutral in the quarrels of others.
NO combination of great Powers itself
unregulated by fixed principles of law
can give this assurance.
i offer no criticism upon an effort
10 preserve the peace of the world by
the consultation and cooperation of the
great Powers. or to an organized agree
ment on their part to pursue, condemn
and punish an outlaw. even though the
eulprit may claim the prerogatives of
sovereign State. Such an agreement
Is imperatively demanded; but It should
be dedicated without equivocation or re-
serve to the service of the law. which II
should aim to reestablish, to render more
perfect and to enforce whenever Il is
threatened with violation"
indorses Punitive Peace.
Nor does DR.. Hill believe that he is
stressing technical point in such a dis
eussion. He forthrightly admits that a
punitive peace must be inflicted on Ger
many. But, he insists. 1t must be made
Gear to Germany as to the world that
Inc punishments. dire as they may be-
are the direct result of Germany's vio-
Iation Of International law.
Distinguishing between the antitheti.
cal principles of Imperialism and democ-
iaey which govern nations, he reminded
,nem that imperialism may well inhere
III Inc materialistic socialist state devel.
opeu by the times. In the nation still
convinced that its mission is domination
wneher its machinery be an autocratic
,ullltarism or a materiaistic socialism
ue sun foresaw danger to the world.
When the armistice was sigend," he
sao, Won Bethman-Holweg's speech ad.
hitting that the invasion Of Belgium
was violation of law and all the
herman Qualifications OF the U-boat a
an Illegal but justified means of retalia.
ION should have been read In Berlin tc
.ne herman people to show them that
uhe terms, harsh as they are. were but
Tue result of their own crime.
we turn then to the Treaty of Yer.
sanles, he said, ito inquire to what ex.
ent mis- condition is fulfilled; and dis,
eOver' to our disappointment. that the
evvenant OF the League of Nations
nhIeh we are told Is to be the instru
ieht Tor the maintenance of peace, con
ee'is no declaration that sovereign statel
vs. such possess any rights whatever
ne nnd In 1t no provision of law by
nUn thelr conduct toward one another
10y De Judged; no promise OF cour
be which their wrongs may b.
SVught and their legal rights judicial,
ss.eernined; no method by which a veal
te may legally enforce its RICH
salnst great Power IL that Powe
ndlsposed to recognize its claim; n,
,srenee to that rapidly increasing
~ s'ute book of the law OF nations al
NC ~. corpus turis solemnly established II
sr e hague Conventions has been called
any any no reference to the violations of 1
Suring the war"
sees Revengeful Germany.
II will be a new paneratton 30 ~.