New-York tribune., 1920-10-03

, William D. Guthrie, a conspicuous
member Of the New York bar and an
expert In international law. in an
eighty-page pamphlet intended for gen
eral circulation subjects the covenant
Of the League of Nations to searching
analysis.
But first he discusses the question
of whether the covenant, if and as
ratified, would be binding on the United
States. AS to this he says that the
Republican position Is that the ohligav
tions Of the treaty must be fulfilled
with the utmost good faith, no matter
bow burdensome and costly. On that
the Democratic position is that no mat
ter how plainly treaty obligation
may be expressed, 1t need not pc full
filed at all when the contingency or
emergency calling for performance
actually arises, unless. the Congress in
Office at the time sees fit in its then
judgment or discretion to do so. Mr..
Harding says an agreement Is an agree
ment, and must be kept to escape ma
tional dishonor, to make treaties more
giving other nations, under accepted
international law, just casus belli
against US. Whereas Mr.. Cox, in his
speech of acceptance, declared that
"every high school youngster knows
| that no treaty can override our Con-
stitution, which reserves to Congress-
and to Congress alone, the power to
declare war"
Beginning with The Federalist Mr.
| Guthrie quotes many authorities to the
effect that a treaty is binding on a
nation even though its congress refuses
to act in accord with it's terms. Short
fr ha n n
nation to keep its word, but this
does not lessen or change the quality
of its act If it breaks it's word. TO
enter into a contract to do specific
| things and then to refuse to do them
because inconvenient Mr.. Guthrie re-
CARDS as not only morally indefensibe,
but as fatty opposed to all internation-
al law.
The covenant In it's preamble ac-
knowledges this. 1t says chat "a
scrupulous respect for all treaty obli-
cations in the dealings Of one organized
people with another" is one Of the
| White House conference with the Scna-
tors the President admitted: "a moral
obligation is superior to a legal obli
cation, and, if may say So has great
er binding force" And again: "lf we
undertake an obligation we are bound
in the most solemn way to carry il
out" In Mr.. Guthrie's opinion 1t is
impossible to distinguish between a
legal and moral obligation; If the cne
exists. so does the other.
Article
This brings Mr.. Guthrie to q con-
sideratlon Of the obligation which
would be placed on the United Sta tes
if Article x is ratified without reserva-
tien. The article carries mutual guar
antics Of existing boundaries and po-
litical independence against external
aggression. In view Of this Mr. Guthrie
Americans will not fall TO reAec.
upon the fact that the populations
now ruled over as subject peoples by
England and France constitute more
than one-fourth of the inhabitants Of
the world, that Article X guarantees
the perpetuation of this copdition un-
less the countries in subsection can
throw off the foreign control and dom
ination without outside assistance, and
that we could not under that article as
slst any of them, whatever might be
the merits of their claims to indepcp-
dence, and self-government, ana irre-
spective even Of oppression and cruelty
Dy their rulers.
"Had the league covenant been In
force in 1878, France could not have
come to our aid in the war for inde-
nendence. Likewise, had the league
been in force, we could not have aide
Texas is against Mexico; we could not
have aided Cuba as against Spain;
Russia could not have aided the Bal,
kan States to throw off the yoke Of
Turkey; France could not have aided
Italy to win The freedom of northern
Italy from Austria, etc Article X
would in practical effect perpetuate
The existing control Of the great pow
ers without regard to any principle of
self-determination or the consent of
the governed and prevent any outside
help to the oppressed struggling for
liberty against intolerable eonditio ms. +"
Acts Of War
Although it is the exclusive province
! of Congress to leolsre war FORMALLY. {.
President, Mr.. Guthrie points out. can
order acts of war in advance of Con-
gressioral action. In many cases it is
| his duty to do this He is charged t0
see that all laws are executed. and q
treaty is the highest kind Of law
President Wilson ordered the Vera
Cruz landing without consulting Con
gress. If this country were a member
Of the League of Nations he could dis
patch our ships to Danzig to see that
J Polish rights under the Versailles
-.. ><--- ---+-- $780,