New-York tribune., 1920-10-16
AFledge of the Nation

MS associates, all stout advocates OF
league Of peace, puts the case with
respect to Article x simply and un-
answerably.
The article binds this country to
make war to uphold the existing
political independence and territori-
al integrity of forty or more ma
tions. The obligation is explicit, the
nations faith is pledged. We could
not disregard the agreement except
at the sacrifice of national honor.
Whatever a Congress might think
in a particular instance, it would
have no option but to vote for war.
A treaty is a supreme law of the
land, and the duty to execute it rests
on all branches of the government.
The inviolability of treaties is q
principle so we'll established that it
should be unnecessary to refer to
authorities, but, in view of the per-
sistent attempts to obscure it, let US
quote Wheaton. He says: eff a
treaty requires any special
act which cannot be done without
legislation, the treaty is still bind
ing on the nation, and it is the duty
Of The nation to pass the necessary
laws" To the same effect speaks
Chancellor Kent, who says: 'Trea-
ties Of peace, when made by the
competent power, are obligatory on
the whole nation" and adds that
Congress- has no choice but to act in
accord with the treaty. Discussing
our treaty with England as to the
Panama Canal tolls, President Will
son himself emphasized the same
point. lie said that, although the
treaty might be q mistake, being
made it had to be respected. "When
! have made promise as a man."
he declared, Il try to keep it, and
know of no other rule permissible to
a nation" On September "a last
Secretary Colby, justifying the
Presidents ratification of the mer-
chant marine act, said that the act
violated our treaty obligations, and
thus was not law.
The power Of Congress to disre-
gard or violate promise of course
exists. but this does not create a
right so to do. Will any one say
that because man with club can
brain another he may Of right do so?
The whole peace plan centers upon
the idea Of substituting right for
might, and to assert that this coun-
try may enter into solemn obliga-
tion and then, at its pleasure, dis
regard it negatives the whole peace
idea.
But our representative in the
league council, it is said, may with
hold consent, and thus the required
unanimity will be lacking Again
there is confusion as to what can be
done and what of right must be
done. The question before our
agent will not be whether this coun-
try deems. it unwise to plunge into
particular war The sole peril
rent issue before him will be one of
fact-whether or not any league
member is threatened by aggressive
action affecting its political indie
pendence or its frontiers. If there
Is such jeopardy. our vote in favor
of assistance must be automatically
cast, or our honor will be sullied.
Moreover, the American member
OF the council will, of course, be
selected by the President, and thus
be responsive to his instructions.
Congress will have no agent present,
for under the Constitution the in
ltiative in international matters is
properly with the President. Our
national agent at Geneva will be the
Presidents personal agent, and
President will have one idea and
Congress another. In these circum
stances the constitutional indie
pendence of Congress will be ilu-
sorry.
Because Of these considerations
the Lodge compromise reservation
proposed that the world should be
informed that the obligation to act
did not attach to our nation until
Congress, in any particular case,
gave consent. The President de-
feated ratification rather than have
such notice given. If, as he some
times contends, Article X does not
in fact or theory invade the consti-
tutional field of Congress, then he
objected to harmless surplusagc and
q mere reiteration; on the other
hand, If the article creates a valid
obligation binding on Congress, then
his contention that the prerogative
OF Congress Is not touched shows
hollow 'nsinesraty.
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